General terms and conditions of sale
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 the company 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 he or she has initiated a purchase process on the site.
The site www.kare-click.fr is the property and under the management responsibility of the company Deco In Design, (hereinafter referred to as Deco In Design).
The site being hosted by an external service provider, Deco In Design cannot be held responsible for any interruption of service of the site, technical problems, inaccuracies or omissions relating to information available on the site or for any damage resulting from a fraudulent intrusion of a third party having altered the information present on the site.
ARTICLE 1: SUBJECT MATTER AND SCOPE
The purpose of these general terms and conditions of sale is, on the one hand, to inform any potential consumer about the terms and conditions under which the seller proceeds with the sale and delivery of the products ordered and, on the other hand, to define the rights and obligations of the parties in the context of the sale of products by the seller to the consumer.
They govern and apply without restriction or reserve to all relations between Deco In Design and any person who proceeds to the purchase of products offered for sale by kare-click.fr on this site.
Within the framework of the present general conditions of sale, the terms product(s) refer to the product(s) and various services offered on the site.
Consequently, the fact for any person to order a product offered for sale on the site implies full and complete acceptance of these terms and conditions of sale which the customer acknowledges having read prior to his order.
The products are offered for sale on the following geographical territory: Metropolitan France (excluding Corsica and DOM-TOM), Monaco, Belgium.
The customer, prior to his order, declares having full legal capacity, allowing him to commit himself under these general conditions of sale.
Deco In Design reserves the right to modify at any time these terms and conditions of sale.
ARTICLE 2: ORDERS
You can place your orders:
- on the Internet:
www.kare-click.fr - by telephone: 02 22 44 12 12
- by post at the following address:
40 rue François Groult
ARTICLE 3: AVAILABILITY OF ARTICLES
On the page of each item, an estimated shipping time is indicated, for example 2 weeks. Shipping is the period during which we prepare the package for delivery to our carrier. It is not the date your order will be delivered.
Deco In Design will contact the customer by phone or by email if a modification of availability has occurred on a product ordered by the customer. He will then be able to choose to maintain his order or to cancel it free of charge.
In case of breach of our obligation to deliver within the time limits indicated at the time of the order, the consumer can cancel the contract in writing if, after having enjoined us to make the delivery within a reasonable additional time, the order is not honoured within this new time limit.
The customer is requested to note that the photographs, graphics and descriptions of the products offered for sale may vary according to the browsers used. Some parts and finishes are made and finished by hand, therefore some furniture has a unique character.
ARTICLE 4: PRICES
The sales 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 final.
They do not include shipping costs, charged 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 the recording of his order (except for obvious typographical error).
For a delivery within the European Union, the prices take into account the VAT applicable on the day of the order. They are thus indicated VAT included. No other customs duties or VAT will be payable for delivery within the European Union. Any change in the applicable rate may be passed on to the selling price of the products in the catalogue.
For a delivery outside the European Union, the customer will have to pay the customs duties, VAT or other taxes due at the time of the importation of the products in the country of the place of delivery.
The formalities relating thereto shall also be the exclusive responsibility of the customer, unless otherwise specified. The customer is solely responsible for verifying the possibilities of importing the products ordered with regard to the law of the territory of the country of delivery. An invoice will be established by Deco In Design. The customer will have to specify the sending address of the invoice.
ARTICLE 5: ORDER
Any order placed by the customer on the site, by telephone, e-mail or mail, implies the acceptance without restriction or reserve to all the general conditions of sale. The sale will be considered as definitive only after the sending to the customer of the confirmation of the order by Deco In Design and collection of the amount of this last one. Deco In Design reserves the possibility not to follow up an order for any reason and will inform the customer.
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 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 fraud in means of payment 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 relating to your order. The non-transmission of data relating to your order prevents the completion and analysis of your transaction.
The occurrence of an unpaid order due to fraudulent use of a bank card or other means of payment shall result in the registration of the order data associated with the unpaid order in a payment incident file implemented by FIA-NET S.A. An irregular declaration or anomaly may also be the subject of specific processing.
In accordance with the French 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 providing proof of your identity, to FIA-NET - Service Informatique et Libertés - Traitements n°773061 and n°1080905 - 3/5 Rue Saint Georges, 75009 PARIS.
ARTICLE 6: SHIPPING COSTS
The shipping costs include the preparation and packaging costs as well as the postage costs.
The delivery rate is indicated for any order of less than 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 carrier and if special packaging is necessary for its shipment. In this case, the weight of the article taken into account for invoicing may differ from its actual weight.
We can group separate orders, please contact us by email. No order will 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 DOM-TOM), Monaco and Belgium.
Please refer to the delivery section of the home page for specific information on delivery and delivery times for small and large packages.
An order will only be dispatched if it is complete. Deco In Design is free to choose the carrier that seems most appropriate to deliver its products.
Damaged parcels : The customer is required to check, in the presence of the postman or delivery man, the condition of the packaging of the goods and its contents on delivery. In the event that the customer has any doubt whatsoever about the condition or contents of his package, he must check the condition of the goods received and express specific reservations, dated and signed or REFUSE THE PACKAGE. In the absence of reserves, the package is considered to be accepted in conformity by the transport company and it is therefore impossible for Deco In Design to contest with the carrier the delivery. All the products sent by Kare Click benefit from a particular insurance of their real value during their transport, this insurance works when the procedure is correctly applied. Also, Deco In Design asks its customers to bring the necessary vigilance during the reception of the goods.
In case of problems, the customer will quickly contact Deco In Design by e-mail to inform him/her. The respect of this procedure allows a quick resolution of delivery problems.
Delivery delays: As with any shipment, it is possible that the product may be delayed or lost. In such a case, we contact the carrier to start an investigation. All efforts will then be made to find the package.
ARTICLE 8: CLAIM / SAV
IF THE PRODUCT IS DAMAGED, REFUSE THE PRODUCT AND WRITE "DAMAGED PRODUCT", DESCRIBE PRECISELY THE DAMAGE ON THE VOUCHER THAT YOU SIGN.
Complaints and requests for after-sales service are dealt with by email, the customer can send his request to the following address: firstname.lastname@example.org.
It is necessary to send a message mentioning the order number accompanied by photo(s) of the anomaly noted. The after-sales service will not be able to process a request without photos of the article.
REMINDER: In the case of delivery by private carrier, it is essential to check the condition of the package and the product.
Valid reservations written on the voucher = Insured product, quick exchange and facilitated procedure.
ARTICLE 9: WITHDRAWAL PERIOD AND REFUND
The customer has, within fourteen days from the delivery of his order, a right of return for reimbursement 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 first following working day.
Custom-made products will not be accepted for return.
You must inform us of your decision to withdraw before the expiry of the withdrawal period in clear and unambiguous writing. We will then send you an e-mail to acknowledge receipt of your withdrawal and provide you with the address and return instructions. Any risk related to the return of the product is the responsibility of the customer.
If you send back a product because it doesn't suit you anymore at the moment of the reception, the expenses of return will then be at your charge. Deco In Design does not accept parcels sent with postage due which will be returned to the sender.
The product must then be returned intact (without hole or stain in particular) and complete (screws, nuts etc) in its original packaging or failing that in a packaging of sufficient quality to protect it during transport (cardboard with bubble paper/polystyrene for example).
The order (excluding return costs) will then be refunded to you at the latest within 14 days following the reception of your return in our premises.
Trees purchased through Reforest'Action may not be taken back, exchanged, transferred or assigned in any way, rented, resold, even partially, credited to a card or bank account, discounted or refunded.
We offer a return service for bulky parcels via our carrier GEODIS. Please contact us by e-mail so that we can inform you of the price.
If you return a product following a deterioration or destruction related to a bad use or maintenance of the product, you will not be able to claim an exchange or a refund.
Any cancellation of the product following a change of mind after shipment must also be made in writing. You will then have to refuse delivery to the carrier. You will be refunded less the return shipping costs once we have received the package.
In the case of a damaged or non-compliant item received, please contact our after-sales service by sending us an e-mail at email@example.com.
ARTICLE 10: TRANSFER OF OWNERSHIP - TRANSFER OF RISKS
Deco In Design keeps the full and entire property of the sold products until the complete payment of the price by the latter. Deco In Design reserves the right to claim the ordered products in case of default of payment. In this hypothesis, the customer commits himself to give back any product not paid or having been the object of a default of payment, expenses of return at the expense of the customer.
Any risk of loss of or damage to the goods shall pass to the consumer at the moment when the consumer or a third party designated by him, 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 at the time of any customer order 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 January 6, 1978, the customer has a right of access, rectification, opposition and deletion to the data concerning him with Deco In Design. Deco In Design is committed to protect and respect your privacy in accordance with the legislation in force on data protection.
The Internet user may decide to be informed of kare-click.fr offers by subscribing to the newsletter. If the customer no longer wishes to receive these offers, he can inform kare-click.fr by mail or e-mail to the following address: firstname.lastname@example.org.
For reasons of limitation of fraud, Deco In Design can be brought to ask you for proofs (of identity, domicile...). We thank you for your understanding.
ARTICLE 12: LIABILITY
Deco In Design could not be held responsible for the inexecution of the contract in case of shortage of stock or unavailability of the product because of a case of absolute necessity, of disturbance or all-out or partial strike notably of the postal services and means of transport and/or communications.
Deco In Design cannot be held responsible for any indirect damage that could occur because of the purchase of the products.
Deco In Design is released from any responsibility as for the contents of the sites on which hypertext links can send back from its own site.
Deco In Design is released from any responsibility on the accidents occurring following non adequate use of the products, in the case or the customers would not know how to use or that they would have put in the hands of children or non responsible persons.
The articles are designed for domestic use. The products are not made in series with foams and fabrics benefiting from the special fireproof classification. For public use, the purchaser of the products must himself enquire at the responsible offices about the suitability of the furniture for public places. For this reason, Deco In Design is not responsible for possible claims for compensation or claims resulting from overwork and unfitness for public places.
ARTICLE 13: DISPUTES AND APPLICABLE LAW
All the clauses 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.
The present contract is subject to French law.
Any order placed through the intermediary of Kare-Click carries the adhesion of the customer, and this without any restriction, to the general conditions of sale of Deco In Design.
The consumer may, at his choice, in addition to one of the courts having territorial jurisdiction under the Code of Civil Procedure, bring proceedings before the court of the place where he was residing at the time of conclusion of the contract or of the occurrence of the harmful event.
In case of sale to a legal entity, any dispute relating to the sale (price, GTC, products,...) will be subject to French law before the Commercial Court of the head office of Deco In Design.
ARTICLE 14: ACCEPTANCE OF THE CUSTOMER
The "validation click" constitutes an electronic signature. This electronic signature has between the parties the same value as a handwritten signature.
The present general conditions of sale as well as the prices are expressly agreed and accepted by the customer, who declares and acknowledges having a perfect knowledge of them, and renounces, therefore, to take advantage of any contradictory document and, in particular, its own general conditions of purchase, the act of purchase entailing acceptance of the present general conditions of sale.
ARTICLE 15: WARRANTY
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 are presumed to have anteriority for defects in conformity for two years following receipt of the product.
The legal guarantee of conformity gives you the right, in the event of a defect which becomes apparent within two years from the date of delivery, to choose between repair or replacement of the goods, except where this would entail disproportionate costs for the trader compared to a second option.
The consumer is not entitled to make use of the legal guarantee of conformity if he was aware of the defect at the time of contracting, if he could not have been unaware of the defect at the time of contracting or if the defect results from materials he himself has supplied.
In addition, you can implement the guarantee against hidden defects. In this case, you can choose between cancelling the sale or reducing the sale price to keep the product in accordance with Article 1644 of the Civil Code.
To implement the legal guarantee of conformity or the guarantee against hidden defects, please send us an e-mail to email@example.com with photos of the product(s) concerned.
- Article L217-4 of the Consumer Code: The seller delivers a good that conforms to the contract and is responsible for any lack of conformity existing at the time of delivery. He is also liable for defects of conformity resulting from the packaging, assembly instructions or installation when this 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 suitable for the use usually expected of a similar good and, if necessary :
- if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly 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 French Consumer Code: The action resulting from the lack of conformity is time-barred 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 which was granted to him at the time of the acquisition or repair of a movable good, for a restoration covered by the guarantee, any period of immobilisation of at least seven days is added to the duration of the guarantee which remained to run. This period shall run from the date of the buyer's request for intervention or from 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 for hidden defects of the thing sold which make it unfit for the use for which it is intended, or which diminish this use so much that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them.
- Article 1648 of the Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
ARTICLE 16: PROOF
The computerized registers, kept in the computer systems of Deco In Design in reasonable conditions of security will be considered as the proofs of communication, orders and payments intervened between the parties.
The archiving of purchase orders and invoices is carried out on a reliable and durable support that can be produced as proof.
ARTICLE 17: INTELLECTUAL PROPERTY
Deco In Design owns the intellectual property rights on the site and the right to disseminate the elements contained in the catalog of the e-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 support whatsoever, of the elements composing the site and the catalogue, their use as well as their availability to third parties are formally forbidden.
ARTICLE 18: ENTIRE CONTRACT
The present general conditions of sale express the entirety of the obligations of the parties.
No other general or particular condition communicated by the customer can be integrated or derogate from the present general conditions.
ARTICLE 19: NON-WAIVER
The fact that Deco In Design does not take advantage of a breach by the customer of any of its obligations could not be interpreted as a renunciation of the obligation concerned and to take advantage of this breach later on.
ARTICLE 20: NULLITY
If one or more stipulations of these general conditions is held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain their full force and scope.
ARTICLE 21: MEDIATION
To settle your disputes, you must first send us a written complaint to firstname.lastname@example.org.
If you are not satisfied with our customer service, you can get in touch with our mediation service in accordance with articles L.616 - 1 and R.616 - 1. You must then contact CNPM Médiation simply and free of charge by electronic means by submitting your file on https://www.cnpm-mediation-consommation.eu/demande-de-mediation.php, or by simple mail (attach your email, telephone and written complaint) to : CNPM Médiation Consommation, 27 avenue de la Libération, 42400 Saint-Chamond.