I. IDENTITY OF VENDOR
The seller is:
The company LAMY Catherine - KTIE under number SIRET 509 241 519 00040
Whose registered office is located at 503 rue Paradis 13008 Marseille-France
All orders on the Site are subject to these general conditions of sale. These are subject to changes and updates, the conditions applicable to the order of a product by a customer are those in force on the day of the order. These general terms and conditions of sale are subject to French law, unless otherwise required by the Rome Convention on the Law applicable to contractual obligations of 19 June 1980.
The present general conditions of sale (hereinafter the "General Conditions of Sale") govern exclusively the sales made on the website ktie.fr (hereinafter the "Site") products offered by KTIE to purchasers who are consumers (hereinafter the "Customer(s)") and specify the conditions for ordering, payment, delivery and management of any returns of products ordered by the Customers. The General Terms and Conditions of Sale are made available to Customers on ktie.fr where they can be consulted directly.
The General Terms and Conditions of Sale are binding on the Customer who declares that he has read and accepted them by ticking the box "I accept the General Terms and Conditions of Sale" before the implementation of the online ordering procedure. KTIE reserves the right to modify its General Conditions of Sale at any time. In case of modification of the General Conditions of Sale, the General Conditions of Sale applicable are those in force on the date of validation of the order. It is therefore up to the Customer to refer to it during each order validation. The nullity of a contractual clause does not result in the nullity of the General Conditions of Sale. The temporary or permanent inapplication of one or more clauses of the General Terms and Conditions of Sale by KTIE does not mean that it waives the application of this or these clauses or the other clauses of the General Terms and Conditions of Sale that continue to produce their effects.
III. THE CUSTOMER
The customer of the Site must be a consumer, a major natural person and legally capable. The customer must, at the time of his first order on the Site, open a customer account and fill in an order form specifying certain mandatory fields so that his product order can be taken into account by KTIE. The information provided to KTIE in connection with the opening of its customer account or during each order must be complete, accurate and up to date. KTIE may, if necessary, ask the client to confirm this information and its identity by any means.
In view of the commercial policy described above, KTIE reserves the right not to act on orders from subjects which differ from the "Consumer" or orders which do not comply with its commercial policy.
On ktie.fr products of the highest quality are exclusively offered for sale. Producers and resellers are carefully selected for their rigorous quality control. KTIE does not sell used, defective or substandard products. The essential characteristics of the products are presented on ktie.fr within each of the product sheets. However, the images and colours of the products sold on ktie.fr may not correspond to the actual colours as a result of the Internet browser and the screen used.
With regard to custom products, the customer acknowledges that he simply "customizes" a product created by KTIE and that this "customization" involves no creative effort. All intellectual property rights relating to the customised product belong exclusively to KTIE. It is however agreed, as a precondition for any custom product sale that the customer undertakes, in case of creation of his part to sell, if necessary under the guarantees of right to ktie.fr: the model, including the drawings, plans, product specifications, if any, created by the Customer on ktie.fr and all copyrights attached to it.
The assignment includes the assignment of the exclusive rights:
a) manufacture, reproduce, distribute and/or sell the products
b) manufacture, distribute and/or sell any product derived from the model or drawings,
c) to grant any licence or sub-licence for any of the purposes listed above,
KTIE considers that by validating the General Terms and Conditions of Sale, the Customer has duly become aware of the conditions for the assignment of the rights resulting from «any Creations» and accepts them without reservation. If the Customer transmits a personal motif or personalizes the product by adding a text, he assures ktie.fr that the text and/or the chosen motif are free of third party rights. In the event of any infringement of copyright, personality or right, these are entirely the responsibility of the Customer and the latter alone shall assume any legal consequences. If KTIE is prosecuted on this charge, the client undertakes to guarantee KTIE any resulting conviction. The Customer also ensures that it does not infringe any other third party rights by individualizing the product.
V. PLACE AND ORDER
1. The Steps
The order taken on the Site is subject to compliance with the procedure established by KTIE materialized by a succession of different screen pages indicating the steps that the customer must follow to validate his order. The customer will have the possibility, before definitively validating his order, to check the details of the order and its total price, and to correct any errors, before confirming it to express his acceptance
2. Checking the Order
KTIE shall also have the right to refuse any order made by a customer with whom a dispute arises regarding the payment of a previous order as well as any order that does not comply with these General Sales Conditions. In these cases, KTIE will inform the customer by telephone or email. If the customer fails to correct erroneous elements or contrary to these general conditions of sale with KTIE, KTIE reserves the right not to process the order
Start by making your selection by walking around the site or using our advanced search mode if you know what you are looking for. Click on the images to access the pages held, then the product pages to see the details of each product. Add the items to your cart after selecting the size and quantity by clicking on "Add to cart". Then check the nature of the items added to your cart. To remove an item, click "Remove" and click "Refresh". You can then finalize your order or choose to continue your purchases.
In order to conclude the purchase contract for one or more products on ktie.fr, you must complete the order form proposed by the site following the related instructions. The order form contains a summary of the General Conditions of Sale, but also information on the essential characteristics of each of the products ordered and the price which refers to them (including applicable taxes), the means of payment that you may use to purchase each product and the delivery terms of the purchased products, the shipping and delivery costs, the conditions for exercising your right of return, and finally, the terms and deadlines for the return of purchased products.
The contract is concluded when KTIE receives your order form via telematics and once the accuracy of the order data has been verified. Before proceeding with the purchase of the products by forwarding the order form, you will be asked to carefully read the General Conditions of Sale. The order form will be archived in our database for the time required to ship the orders and according to legal deadlines. You can access your order form by consulting the "My account/ My orders" section. Before proceeding with the transmission of the order form, you will also be asked to detect and correct any data entry errors.
The languages available to conclude the contract with KTIE are French, English, German, Spanish and Italian.
Once the contract is concluded, KTIE will take care of your order. In the event that the products presented on ktie.fr are no longer available or available for sale at the time of your last access to the website or the sending of the order form, KTIE must inform you promptly, and in any case, before 30 working days from the day following your order, any unavailability of the ordered products. In case of transfer of the order form and payment of the price, KTIE will make the necessary arrangements to refund the amount you have advanced.
By means of the telematic transmission of the order form, you agree to the General Terms and Conditions of Sale and you agree to comply with these Terms and Conditions in your dealings with KTIE. If you do not agree with certain terms stated in the Terms and Conditions of Sale, we invite you not to transfer your order form for the purchase of products on ktie.fr and to contact us by e-mail: firstname.lastname@example.org
4. Order Change or Cancellation
Orders are not subject to change due to immediate fulfilment and for technical reasons. In the event of a malfunction of the site affecting the orders or transactions, or a shortage of stock concerning the products ordered, KTIE will have the possibility to cancel the orders placed by the customers online. He will inform the customer by e-mail or telephone in order to tell him the cause of the cancellation of the orders placed.
VI. PRICES AND PAYMENT TERMS
The prices displayed on the site are indicated in Euros for the zones France, EU, Switzerland and other countries.
For all Countries with a delivery address in France and in countries belonging to the European Union, the prices displayed on the website www.ktie.fr are all taxes included (TTC), excluding delivery costs. The prices charged to the customer are those in effect on the date of the order.
For customers residing outside the territory of the European Union and in DOM-Tom, it is specified that the prices displayed on the Site will be invoiced without customs taxes. The customer will have to pay to the freight forwarder at the time of importation of the product, the total amount of the costs related to the duties and customs formalities, import taxes applicable in the country where the delivery is requested. Payment of any such costs necessary for the entry of the ordered products into the delivery territory shall be the responsibility of the customer.
Payment is made by credit card.
For credit card payments, the customer must be the holder of the credit card used. It has access to a dedicated space provided by a banking institution, which ensures the security and recording of the payment order. The customer is informed that, in order to fight fraud on the internet, a check will be carried out with the competent banking institutions and bodies, interviewed via the system of the company 3D Secure. Since 2001, Visa and Mastercard have implemented a program to secure transactions on the Internet: 3D-Secure.
This program aims to fight fraud by asking the user who wishes to make a payment on the Internet to identify himself at the time of payment by bank card on the website of the online merchant.
During the transaction, the cardholder is directed to a page of his bank and enters a data that the bank can verify.
This security is evidenced by the presence of the "Verified by VISA" or "Mastercard Securecode" logos. There are no tariffs on this service.
In the event that, for any reason whatsoever (opposition, refusal of the issuing centre...), the debit of the sums due by the customer would prove impossible, the order will not be recorded by KTIE.
The customer is solely responsible for a failure to deliver due to a lack of indication during the placing of the order.
The delivery is made by:
•La Poste en Lettre Suivi France Métropolitaine and Lettre Suivi Internationale (Home, Post office, or merchant)
The package is delivered according to the above shipping mode and is delivered to the recipient against signature of a delivery slip (depending on the delivery mode), at the delivery address indicated during the ordering procedure. It is the Customer’s responsibility to ensure the external appearance of the packaging and to note on the delivery slip any visible damage on the packaging.
1. Delivery Times
Delivery times vary depending on the delivery method chosen
France: 2 to 3 working days depending on your region
Europe: 3 to 4 working days
Rest of the world: 4 to 10 working days (according to customs formalities)
KTIE undertakes to ship all orders within 48h (only on business days). However, during periods of high attendance such as Christmas, KTIE reserves the right to extend the shipping time to 72h. It is specified that any change of delivery address made to the Customer after the order is registered may result in an extension of the delivery period. KTIE and the carriers being separate and independent entities, KTIE cannot be held responsible for any delay in delivery attributable to La Poste en Lettre Suivi.
2. Delay in Delivery
In the event that the delivery deadline indicated to the Customer has been exceeded, which is not attributable to the Customer, to an unforeseeable and insurmountable event by a third party to the contract or to a case of force majeure, the Customer may request the resolution of the sale by registered letter with acknowledgement of receipt or in writing on another durable medium. In order to do so, it must instruct KTIE by registered letter with acknowledgement of receipt to deliver the Product(s) within a reasonable period of time. If KTIE has not executed within this period, it may send a registered letter with acknowledgement of receipt of resolution.
The contract will be deemed to be resolved upon receipt by KTIE of the letter or written notification of this resolution, unless KTIE has executed itself in the meantime. If the delivery period is an essential condition of the contract for the Customer, the contract will be deemed to be resolved as soon as KTIE receives the letter or the written notice informing it of this resolution. In the event of resolution for late delivery of the Product(s), KTIE undertakes to reimburse the Customer for the entire amount paid, at the latest within 14 days of the date on which the Customer has denounced the contract.
VIII. RIGHT OF WITHDRAWAL AND METHOD OF RETURN
The customer has a right of withdrawal which he may exercise, without having to justify reasons, within fourteen (14) clear days of receipt of the ordered products. When the time limit of fourteen (14) days expires on a Saturday, Sunday or a public holiday or an unemployed person, it shall be extended to the first following working day.
To simplify the exercise of the right of withdrawal, KTIE asks customers to prevent by any means. On this occasion, the customer can specify whether he wants a refund or in special cases a credit note. The customer will also be able to contact the customer service by e-mail at email@example.com for further information. The products must be returned in perfect condition, complete (accessories, notice, guarantee...) accompanied by the invoice and a word of explanation recalling the customer’s contact details as well as his desire to receive a refund or a credit note, to the following address:
503 rue Paradis
13008 Marseille - France
Shipping costs related to the return of products remain with the customer unless the product received is non-compliant or has a manufacturing defect. Any customs costs related to the return of a product from a foreign country are also borne by the customer.
KTIE urges its customers to return the products by Colissimo or Lettre Suivi. The customer also has the possibility to choose the carrier of his choice. On the other hand, the return costs and the related risks are borne by the customer. It is therefore recommended that proof of such return be provided, which presupposes that the products are returned with parcel tracking, or by any other date-certain means.
The right of withdrawal – in addition to respecting the deadlines and terms described in the previous points – is considered to be applied correctly if the following conditions are fully met:
a. We invite you to notify us by email or telephone of your request for return.
b. The product must not have been worn, worn, modified, washed or damaged.
c. If a label is attached to an earring, it must not be removed or the refund cannot be made.
d. Returned products must be sent to KTIE in one shipment. KTIE reserves the right not to accept items from the same order, returned and shipped at different times.
e. The product must be returned in its original packaging and if you want to return a kit, you must return all the elements that make it.
KTIE will return to you, in addition to the sums collected for the purchase of the products, the shipping costs for the delivery of the products purchased, only if the refund of the products is due to a reason attributable to KTIE, for example if the products do not possess the essential characteristics promised, show manufacturing defects or if there are errors in the delivery of these. In the latter case, you can inform us by email.
If the terms and conditions for the exercise of the right of waiver have not been respected, as above, you will not be entitled to a refund of the amounts already paid to KTIE. However, you can obtain your products at your own expense in the state in which they were returned to KTIE. Otherwise, KTIE may withhold the products in addition to the amounts already paid for their acquisition. For custom product returns: Article L121-20-2 of the Consumer Code provides that “the right of withdrawal cannot be exercised for contracts for the supply of goods made according to the specifications of the consumer or clearly personalized.” However, we undertake to refund you, or exchange you the clearly customized products not matching your order (defective or non-compliant). These refunds will be made within 14 days of receipt of the products by us.
IX. TIME LIMITS AND METHODS OF REPAYMENT
If the right of withdrawal is exercised in accordance with the above terms and conditions, KTIE will take the necessary steps to reimburse any sums already received for the purchase of the products under fourteen (14) days after receipt and verification of product condition. If there is no correspondence between the recipient of the products indicated in the order form and the person who made the payment of the sums due for the purchase, the refund of the sum, in the case of the exercise of the right of renunciation, will be carried out by KTIE, in all cases, towards the person who made the payment. The refund will be made on the same medium as the one used when purchasing the products, either the credit card or the customer’s Paypal account.
X. LEGAL GUARANTEES
Regardless of any commercial guarantee which may be granted by KTIE to the Customer, all products supplied by KTIE benefit from the legal guarantee of conformity provided for in articles L. 211-4 to L. 211-13 of the Consumer Code and the legal guarantee of hidden defects provided for in articles 1641 to 1648 of the Civil Code.
Under these guarantees, KTIE undertakes, at the Customer’s choice, to refund or exchange the defective products or products not corresponding to his order.
Articles L. 211-4, L. 211-5, L.211-7, L. 211-12 and L.212-13 of the Consumer Code relating to the legal guarantee of conformity:
• Article L211-4 of the French Consumer Code:
"The seller is required to deliver a good in accordance with the contract and is liable for defects of conformity existing at the time of delivery.
It shall also be liable for defects in conformity resulting from packaging, installation instructions or installation where the latter has been placed at its expense by the contract or has been carried out under its responsibility".
• Article L211-5 of the French Consumer Code:
"To comply with the contract, the property must:
1) Be suitable for the usual use of similar property and, where applicable:
- correspond to the description given by the seller and possess the qualities which he presented to the buyer in the form of a sample or model;
- present the qualities which a purchaser may legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2) Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter".
• Article L211-7 of the French Consumer Code:
"Failure to comply which appears within six months of the issue of the property shall be presumed to exist at the time of issue, unless proof to the contrary is provided. The seller can counter this presumption if it is not compatible with the nature of the property or the alleged lack of conformity".
• Consumer Code Article L211-12:
"The action resulting from the failure to comply shall be prescribed within two years of the issue of the goods".
• Article L211-13 of the French Consumer Code:
"The provisions of this Section do not deprive the purchaser of the right to exercise the action resulting from consequential defects as it results from Articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual naturewhich is recognized by law".
• Articles 1641 and 1648, 1st paragraph of the Civil Code relating to the legal guarantee of hidden defects:
• Article 1641 of the Civil Code:
"The seller shall be bound by the guarantee by reason of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which reduce so much this use that the buyer would not have acquired it, or would have given a lesser price if he had known them".
• Article 1648, paragraph 1 of the Civil Code:
"The action resulting from serious defects must be brought by the purchaser within two years of the discovery of the defect".
In order to benefit from the warranty, the Customer must contact KTIE Customer Service following the following steps:
1. Obtain the order number and reference of the item concerned (this information is indicated on your purchase invoice);
2. Send the request for support to KTIE Customer Service by email to firstname.lastname@example.org
In order to ensure prompt and quality processing of the warranty request, the Customer will specify its contact details, order number and reference of the item concerned and will detail as much as possible the problem encountered and, where possible, attach a photograph of the defect in the product to the email.
XI. INTELLECTUAL PROPERTY
The Customer acknowledges that KTIE Products and distinctive signs (image, photographs, packaging, product names, etc.) are the exclusive property of KTIE. The Customer shall refrain from any act of reproduction or use of product models, packaging, trademarks or distinctive signs, inventions, techniques or know-how used by KTIE, as well as any act aimed at the appropriation of these elements, whether or not they are protected by KTIE by a registered patent, trademark, design or copyright.
XII. COMPUTING AND LIBERTIES
The Customer is informed that the data it provides on the Website is subject to various automated processing of personal data. Pursuant to Law No. 78-17 of 6 January 1978 on data processing, files and freedoms, it is recalled that the personal data collected from the Customer is necessary for the processing of his order. The purposes of each processing are described in relation to the processing concerned.
The Customer’s personal data shall be kept for the period strictly necessary for the fulfilment of the purposes for each of the processing operations envisaged by KTIE.
The Customer has the right to access, modify and oppose the processing of data concerning him by contacting the customer service by email at email@example.com
KTIE’s liability cannot be incurred in the event of non-performance or improper performance of the contract due either to the Client’s actions, or to the unforeseeable and insurmountable actions of a third party to the contract, or to a force majeure case.
XIV. DISPUTE RESOLUTION AND APPLICABLE LAW
Sales concluded with KTIE via the website www.ktie.fr are subject to French law. In case of dispute, an amicable solution will be sought before any legal action. Failing this, all disputes to which this contract may give rise, concerning both its validity, its interpretation, its performance, its termination, consequences and consequences shall be submitted to the competent court in accordance with the rules of jurisdiction of the ordinary law.