General terms and conditions of sale

INFORMATION www.kare-click.fr

The website www.kare-click.fr (hereinafter referred to as "the site") is an e-commerce site offering furniture, lighting and decorative objects for sale to Internet users browsing the site. It is managed by Deco In Design.

The customer (hereinafter referred to as the customer) is any person who visits one or more web pages of the site whether or not they have initiated a purchase process on the site.

The www.kare-click.fr website is the property and under the management responsibility of Deco In Design, (hereinafter referred to as Deco In Design).

As the site is hosted by an external service provider, Deco In Design cannot be held responsible for any interruption of service of the site, technical problems, inaccuracy or omissions concerning information available on the site or for any damage resulting from a fraudulent intrusion by a third party having altered the information on the site.

ARTICLE 1: PURPOSE AND SCOPE

The purpose of these general terms and conditions of sale is, on the one hand, to inform any potential consumer of the terms and conditions under which the seller sells and delivers the ordered products and, on the other hand, to define the rights and obligations of the parties in connection with the sale of products by the seller to the consumer.

They govern and apply without restriction or reservation to all relations between Deco In Design and any person who purchases products offered for sale by kare-click.fr on this site.

In the context of these general terms and conditions of sale, the term product(s) refers to the product(s) and various services offered on the site.

Consequently, the fact that any person orders a product offered for sale on the site implies full and complete acceptance of these general conditions of sale, which the customer acknowledges having read before ordering.

The products are offered for sale in the following geographical territory: Metropolitan France (excluding Corsica and French overseas departments and territories), Monaco, Belgium.

The customer, prior to his order, declares to have full legal capacity, allowing him to commit himself under these general conditions of sale.

Deco In Design reserves the right to modify these general terms and conditions of sale at any time.

ARTICLE 2: ORDERS

You can place your orders:
- on the Internet:
www.kare-click.fr - by phone: 02 22 44 12 12 12
- by post to the following address:

KARE - kare-click.com

22 rue du Gaillec

56100 LORIENT

ARTICLE 3: AVAILABILITY OF ARTICLES

On the page of each item, an estimate of the shipping time is indicated, for example 2 weeks. Shipping is the period during which we prepare the package for delivery to our carrier. This is not the date your order will be delivered.

Deco In Design will contact the customer by phone or email if a change in availability has occurred on a product ordered by the customer. He will then be able to choose to maintain his order or cancel it free of charge.

In the event of failure to fulfil our obligation to deliver within the time limits specified in the order, the consumer may terminate the contract in writing if, after having instructed us to make delivery within a reasonable additional period, the order is not fulfilled within this new period.

The customer is asked to note that the photographs, graphics and descriptions of the products offered for sale may vary depending on the browsers used. Some parts and finishes are made and finished by hand, so some furniture has a unique character.

ARTICLE 4: PRICE

The selling prices indicated on the site are in euros all taxes included. The price guaranteed to the customer is the one displayed on the site at the time of purchase. The price fixed at the time of purchase is firm and definitive.

They do not include shipping costs, invoiced in addition to the price of the products purchased according to the amount of the order which will be indicated in the order confirmation.

The selling prices of the products can be modified by Deco In Design at any time and the price guaranteed to the customer is the one present on the site at the time of registration of his order (unless there is a glaring typographical error).

For deliveries within the European Union, prices take into account the VAT applicable on the day of the order. They are therefore indicated including VAT. No other customs duties or VAT will be payable for a supply within the European Union. Any change in the applicable rate may be reflected in the selling price of the products in the catalogue.
For deliveries outside the European Union, the customer must pay the customs duties, VAT or other taxes due on the occasion of the importation of the products into the country of the place of delivery.
The formalities relating to them are also the exclusive responsibility of the client, unless otherwise specified. The customer is solely responsible for checking the import possibilities of the products ordered with regard to the law of the territory of the country of delivery. An invoice will be issued by Deco In Design. The customer must specify the address where the invoice is to be sent.

ARTICLE 5: ORDER

Any order placed by the customer on the site, by telephone, e-mail or post, implies acceptance without restriction or reservation to all the general conditions of sale. The sale will only be considered final after Deco In Design has sent the customer the confirmation of the order and collected the amount of the order. Deco In Design reserves the right not to process an order for any reason whatsoever and will inform the customer accordingly.

The offers contained in this site are valid as long as the related products remain online and while stocks last.

The information relating to your order paid for with the 3x CB remote solution is subject to automated data processing for which FIA-NET S.A. is responsible. The purpose of this automated data processing is to determine a level of insurance for a transaction and to fight against payment fraud and in particular against credit card fraud.

FIA-NET S.A. and the merchant from whom you make your purchase are the recipients of the data related to your order. The non-transmission of data related to your order prevents the completion and analysis of your transaction.

The occurrence of an unpaid claim due to fraudulent use of a credit card or other means of payment will result in the entry of the order data associated with the unpaid claim in a payment incident file implemented by FIA-NET S.A. An irregular declaration or an anomaly may also be subject to specific processing.

In accordance with the Data Protection Act of 6 January 1978, you have the right to access, rectify and delete all your personal data recorded by FIA-NET at any time by writing, by post and by proving your identity to FIA-NET - Service Informatique et Libertés - Traitement n°773061 et n°1080905 - 3/5 Rue Saint Georges, 75009 PARIS.

ARTICLE 6: SHIPPING COSTS

Shipping costs include preparation and packaging costs as well as postage costs.

The delivery rate is indicated for any order under 500 euros. If your order exceeds 500 euros, shipping costs are free. Delivery costs are calculated according to the weight and volume of the item, the choice of the carrier and whether special packaging is required for shipment. In this case, the weight of the item taken into account for invoicing may differ from its actual weight.

We can group together separate orders, please contact us by email. No order can be shipped until it is complete.

ARTICLE 7: DELIVERY

The products will be delivered to the address indicated by the customer on the order form, in metropolitan France (excluding Corsica and overseas departments and territories), Monaco and Belgium.

Comply with the deliveries section of the home page for specific information on delivery and delivery times for small and large packages.

An order will only be shipped if it is complete. Deco In Design is free to choose the carrier that it deems most appropriate to deliver its products.

Damaged packages: The customer is required to check, in the presence of the postal service or the delivery person, the condition of the packaging of the goods and its contents upon delivery. In the event that the customer has any doubt of any kind whatsoever about the condition or content of his package, he must check the condition of the goods received and issue precise reservations, dated and signed or REFUSE THE PACKAGE. In the absence of reservations, the package is deemed accepted by the transport company and it is therefore impossible for Deco In Design to dispute the delivery with the carrier. All products sent by Kare Click benefit from a special insurance of the amount of their real value during their transport, this insurance works when the procedure is correctly applied. Deco In Design also asks its customers to be vigilant when receiving goods.

In case of problems, the customer will quickly contact Deco In Design by e-mail to inform them. Following this procedure allows for a quick resolution of delivery problems.

Delivery delays: As with any shipment, it is possible to experience a delay or that the product may get lost. In such a case, we contact the carrier to start an investigation. Every effort will then be made to find this package.

ARTICLE 8: COMPLAINT / SAV

IF THE PRODUCT IS DAMAGED, REFUSE THE PRODUCT AND WRITE "DAMAGED PRODUCT", PRECISELY DESCRIBE THE DAMAGE ON THE VOUCHER YOU ARE SIGNING.

Complaints and after-sales service requests are processed by email, the customer can send his request to the following address: info@kare-click.fr

It is necessary to send a message mentioning the order number with photo(s) of the anomaly found. The after-sales service will not be able to process a request without photos of the item.

REMINDER: In case of delivery by private carrier, it is essential to check the condition of the package and the product.

Valid reservations in writing on the voucher = Insured product, fast exchange and easy procedure

ARTICLE 9: WITHDRAWAL PERIOD

The customer has, within a period of fourteen days from the delivery of his order, a right of return for refund of products that do not suit him in accordance with Article L 221-18 of the Consumer Code. If this period expires on a Saturday, Sunday or a public holiday or non-working day, it is extended until the next working day.

Custom-made products may not be returned in any way.

You must inform us of your decision to withdraw before the end of the withdrawal period in a clear and unambiguous written form. We will then send you an e-mail to acknowledge receipt of your withdrawal and inform you of the address and return procedure. Any risk related to the return of the product is the responsibility of the customer.

If you return a product because it is no longer suitable for you at the time of receipt, you will be responsible for the return shipping costs. Deco In Design does not accept postage due packages that will be returned to the sender. The product must then be returned intact (without any holes or stains in particular) and complete (screws, nuts etc.). The order (excluding return shipping costs) will then be refunded to you within 14 days of receipt of your return to our premises.

We offer a return service for large packages through our carrier GEODIS. Please contact us by e-mail so that we can inform you of the price. It should be noted that any return of merchandise must be made in the original packaging to use this service.

If you return a product as a result of damage or destruction due to improper use or maintenance of the product, you will not be able to claim an exchange or refund.

In the case of a damaged or non-compliant item received, please contact the after-sales service by sending an e-mail to info@kare-click.fr

ARTICLE 10: TRANSFER OF OWNERSHIP - TRANSFER OF RISK

Deco In Design retains full and complete ownership of the products sold until full payment of the price by the latter. Deco In Design reserves the right to claim the products ordered in the event of non-payment. In this case, the customer undertakes to return any product that has not been paid or has been the subject of a default in payment, with return costs to be borne by the customer.

Any risk of loss of or damage to the goods shall be transferred to the consumer at the time when the latter or a third party designated by him, and other than the carrier proposed by the trader, takes physical possession of the goods.

The transfer of the risks of loss and deterioration of the products will be carried out as soon as the products are handed over by the carrier to the customer.

ARTICLE 11: DATA PROTECTION

The information requested by kare-click.fr when ordering from the customer is necessary for the management of his order by Deco In Design and its commercial partners. In accordance with the law "Informatique et Libertés" n° 78-17 of 6 January 1978, the customer has the right to access, rectify, oppose and delete data concerning him/her at Deco In Design.

The Internet user can decide to be informed of kare-click.fr's offers by subscribing to the newsletter. If the customer no longer wishes to receive these proposals, he can inform kare-click.fr by post or by e-mail at the following address: info@kare-click.fr

For reasons of fraud limitation, Deco In Design may ask you for proof (identity, domicile, etc.). We thank you for your understanding.

ARTICLE 12: LIABILITY

Deco In Design cannot be held responsible for the non-performance of the contract in the event of stock shortage or unavailability of the product due to force majeure, disruption or total or partial strike, in particular of postal services and means of transport and/or communications.
Deco In Design cannot be held responsible for any indirect damage that may occur as a result of the purchase of the products.
Deco In Design is not responsible for the content of sites to which hypertext links may refer from its own site.

Deco In Design is not liable for accidents resulting from improper use of the products, in the event that customers are unable to use or have put in the hands of children or nonresponsible persons.

The items are designed for domestic use. The products are not made in series with foams and fabrics benefiting from the special flame retardant classification. For public use, the buyer of the product must himself enquire with the responsible offices about the suitability of the furniture for public places. For this reason, Deco In Design does not assume responsibility for any compensation or claims that may arise from overwork and unfitness for public places.

ARTICLE 13: DISPUTES AND APPLICABLE LAW

All the clauses appearing in these general terms and conditions of sale, as well as all the purchase and sale operations referred to therein, shall be subject to French law.
This contract is subject to French law.

Any order placed through the intermediary of the Kare-Click website implies the customer's acceptance, without any restriction, of Deco In Design's general terms and conditions of sale.

The consumer may, at his choice, bring an action before the court of the place where he resided at the time of conclusion of the contract or the occurrence of the harmful event, in addition to one of the courts having territorial jurisdiction under the Code of Civil Procedure.

In the event of a sale to a legal entity, any dispute relating to the sale (price, General Terms and Conditions, products,...) shall be subject to French law before the Commercial Court of the registered office of Deco In Design.

ARTICLE 14: CUSTOMER ACCEPTANCE

The "validation click" is an electronic signature. This electronic signature has the same value between the parties as a handwritten signature.

These general terms and conditions of sale as well as the prices are expressly agreed and accepted by the customer, who declares and acknowledges that he is fully aware of them, and therefore waives the right to rely on any contradictory document and, in particular, his own general terms and conditions of purchase, the act of purchase involving acceptance of these general terms and conditions of sale.

ARTICLE 15: GUARANTEE

All our products benefit from the legal guarantee of conformity (articles L.217-4 to L.217-14) and the guarantee against hidden defects (articles 1641 to 1649 of the Civil Code).

Goods purchased after 18 March 2016 benefit from a presumption of anteriority of non-conformity during the two years following receipt of the product.

The legal guarantee of conformity gives you the right, in the event of a defect that appears within two years from the date of delivery, to choose between repairing or replacing the goods, except where the latter causes disproportionate costs for the trader compared to a second means.

The consumer cannot invoke the legal guarantee of conformity when he was aware of the defect at the time of contract, when he could not have been unaware of the defect at the time of contract or when the defect results from materials he himself supplied.

In addition, you can implement the warranty against hidden defects. In this case, you will be able to choose between cancelling the sale or reducing the sale price to keep the product in accordance with article 1644 of the Civil Code.

- Article L217-4 of the Consumer Code: The seller delivers a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation where the latter has been charged to him by the contract or has been carried out under his responsibility.

- Article L217-5 of the Consumer Code: The good is in conformity with the contract:
1. If it is specific to the use usually expected of a similar property and, if so:
- if it corresponds to the description given by the seller and possesses the qualities that the seller has presented to the buyer in the form of a sample or model;
- if it presents the qualities that a buyer can 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 if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.

- Article L217-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed after two years from the delivery of the goods.

- Article L217-16 of the Consumer Code: When the buyer asks the seller, during the course of the commercial guarantee granted to him when acquiring or repairing a movable property, for a repair covered by the guarantee, any immobilisation period of at least seven days shall be added to the duration of the guarantee that remained to run. This period shall run from the date of the buyer's request for intervention or the date on which the goods in question are made available for repair, if such availability is subsequent to the request for intervention.

- Article 1641 of the Civil Code: The seller is bound by the warranty on account of hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much, that the buyer would not have acquired it, or would have given only a lower price, if he had known them.

- Article 1648 of the Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.

ARTICLE 16: EVIDENCE

The computerized records, kept in Deco In Design's computer systems under reasonable security conditions will be considered as proof of communication, orders and payments made between the parties.
The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.

ARTICLE 17: INTELLECTUAL PROPERTY

Deco In Design is the owner of the intellectual property rights on the site and the right to distribute the elements appearing on the catalogue of the electronic shop and in particular the photographs for which it has obtained the necessary authorizations from the persons concerned.
Consequently, the partial or total reproduction, on any medium whatsoever, of the elements composing the site and the catalogue, their use and their availability to third parties are strictly prohibited.

ARTICLE 18: ENTIRE CONTRACT

These general terms and conditions of sale express all the obligations of the parties.
No other general or special conditions communicated by the customer may be incorporated into or derogate from these general conditions.

ARTICLE 19: NO WAIVER

The fact that Deco In Design does not rely on a breach by the client of any of its obligations cannot be interpreted as a waiver of the obligation concerned and to rely on this breach at a later date.

ARTICLE 20: NULLITY

If one or more provisions of these general terms and conditions are held to be invalid or declared invalid pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.

ARTICLE 22: MEDIATION

In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, we are members of the Service du Médiateur du e-commerce of the FEVAD (Fédération du e-commerce et de la vente à distance) whose contact details are as follows: 60 rue de la Boétie - 75008 Paris - http://www.mediateurfevad.fr/ The mediation service may be consulted for any dispute that has not been settled successfully.

At European level, the European Commission provides you with an online dispute resolution platform: ec.europa.eu/odr


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