TERMS OF SALES
These general conditions of sale are concluded between:
The company SAS TENEZE LOMBARDO with the capital of 25,000 euros
12, rue Saint-Maur, 75011- PARIS
A registered company with the RCS of Paris under the No. 750 864 787
Hereinafter ‘L’OURS KIWI PARIS’
Any physical person visiting and/or wishing to make a purchase via the website www.lourskiwi.com; this site is accessible via the url www.lourskiwi.com.
Hereinafter “the User”
These conditions are intended to define the terms of mail order sales between L’OURS KIWI PARIS and the user, from placing an order to payment and delivery. They regulate all the necessary steps for placing an order and ensure the follow-up of this order between the contracting parties. The order implies the irrevocable acceptance of the general conditions of sale. The general conditions can be subject to modifications, the applicable conditions are those in force on the website www.lourskiwi.com at the date of placing an order by the user
The user declares:
– to have the ability to conclude the present contract
– to not proceed with purchases of products for the purpose of reselling them
– to not be a trader
The products offered for sale by L’OURS KIWI PARIS are those listed on the website www.lourskiwi.com, on the day of using the website by the user. The products are offered for sale according to stock availability. The products offered for sale are described as accurately as possible. However, if there are errors or omissions in this description, L’OURS KIWI PARIS cannot be held responsible. The photographs and texts illustrating the products are only indicative and have no contractual value.
Prices are quoted in euros including VAT and excluding shipping costs which are the responsibility of the user except where special conditions apply. Shipping costs are indicated when placing an order, according to the terms of Article 7. The prices shown take into account the VAT applicable on the day of the order. If the rate were to be changed, these changes could be reflected in the price of items without the user being informed. L’OURS KIWI PARIS reserves the right to change its prices at any time. The products will be charged on the basis of the rates in force at the time of confirmation of the order.
Any order implies express and irrevocable acceptance of the prices and descriptions of the products available for sale. The user declares to have read and irrevocably accepted these terms and conditions of sale before placing an order. Validation of the order is therefore express acceptance of the general conditions of sale. In order to allow the user to review their order before finalising it, L’OURS KIWI PARIS has created validation and acceptance screens. The order will not be finally recorded until the last validation of the payment screen (by credit card or Paypal account). Upon the last click of acceptance, the order is considered irrevocable. It is expected, following the placing of an order, that an e-mail will be sent to the user. This email confirms that the order has been recorded by L’OURS KIWI PARIS, and not that the ordered product is available.
For more information on the passage, follow-up or execution of your order, questions on delivery times, conditions of the exercise of your right of retractation or any other question, you can contact L’OURS KIWI PARIS as follows :
– By telephone + 33 981 157 894 (call not surcharged) and at email@example.com
Your order placed on the website www.lourskiwi.com can be paid by credit card, credit card via Paypal, Paypal account, bank transfer and cheque.
• Carte Bleue
• Visa card
• Eurocard / Mastercard / Maestro
• American Express
• Paypal: Pay for your purchases with your Paypal account
• Debit advice (via Paypal)
Paypal is an easy, fast and secure way of paying for your purchases online without giving your bank details. You can also pay securely by debit notification via Paypal. The amount is debited from the user’s account based on the products actually shipped. The delivery note will be inserted in the package containing the ordered product. The user who has placed an order will be able to print his invoice by logging onto the website and going to the section used to track the order provided for this purpose.
- Delivery Charges, Conditions and Delivery Times
L’OURS KIWI PARIS delivers your order everywhere in metropolitan France and Corsica, but also internationally. The price of the delivery depends on where you would like your order to be delivered. L’OURS KIWI PARIS proposes the following delivery methods.
1 – Colissimo Delivery for France
With Colissimo, the delivery is available in Metropolitan France and Corsica.
There are three delivery solutions:
In a post office for € 7.60 (offered on purchases of €75 or more) (only for France)
Now with Colissimo, you can choose the post office where you want the delivery to be made (without prior arrangement with your postman).
A network of 10,000 associated post offices participate in the Colissimo offer in Metropolitan France, Monaco and Corsica. You will be informed of the availability of your package by SMS and e-mail, with a collection note allowing you to come and collect it from the office within 10 working days. After this time, your parcel will be returned to the sender. With Colissimo, you will remain informed of the following steps of tracking your package by email and text:
– As soon as your package is available in your chosen post office.
– If you have not collected your package within 5 days. In addition, at any time you can track your package on the website www.colissimo.fr by entering the parcel number.
At home, for an amount of € 7.60 (offered on purchases of €75 or more).
Your package is delivered to you personally or delivered to your mailbox. If it is too big for your mailbox, it will be made available in your chosen post office. You have 10 working days from the arrival of your package in the post office to come and collect it. After this time, it will be returned to the sender. In all cases, you will be informed by e-mail 24 hours before the delivery of your package. With Colissimo, you will remain informed of the different stages of the delivery of your package by e-mail:
– 24 hours before the arrival of your package.
– If you have not collected your package within 5 days.
Moreover, at any time, you can track your parcel on the website www.colissimo.fr by entering the parcel number.
2 – Delivery by Mondial Relay (France – Belgium – Luxembourg – Spain)
At the collection point of Relais Colis for an amount of 5,90 €.
Your parcel will be delivered to the selected Relais Colis collection point at the time of delivery (Relais Colis reserves the right to change the choice of the initial Relais collection point at very busy times such as during Sales or Christmas). If the customer does not come to pick up their package within 10 working days, it will be returned to our warehouse.
3 – DELIVERY BY COLISSIMO INTERNATIONAL
OURS KIWI PARIS ensures the delivery by Colissimo International in the countries listed at the time of your order.
Your package is delivered to you personally or delivered to your mailbox for a varying amount depending on the country.
– EU- SWITZERLAND 9,70 €
– DOM – TOM € 14,80
– Eastern Europe – Maghreb 16,72 €
– Rest of the world 29,30 €
If the package does not fit in through your mailbox, it will be made available at your local post office. You have 15 working days from the arrival of your package in the post office to come and collect it. After this time, it will be returned to the sender. At any time, you can track your package on the website www.colissimo.fr by entering the package number.
- Necessary conditions to return an order:
Necessary conditions to return an order:
If you are not completely satisfied with the items ordered, you can exchange them or get a refund within 30 days of your purchase (date of invoice). Exchanges and refunds will be taken into account for unworn and unwashed articles, including their labels, in their original packaging and, for returns by post, accompanied by the completed return form and attached to the delivery note.
If you opt for a refund, it will appear on the account connected to the payment method used to pay for the order. It will be visible within 4 to 5 business days (interbank delays).
The initial delivery costs will be fully refunded only in the case of returning the entire order. In addition, L’OURS KIWI PARIS is not required to reimburse any additional costs incurred if the user has expressly chosen a more expensive method of delivery than the standard delivery method proposed by L’OURS KIWI PARIS.
Sale items are neither exchangeable nor refundable.
- Intellectual property
The entire website is protected by French and international legislation relating to intellectual property. All rights of reproduction are reserved. All texts contained in the pages of this website cannot, in accordance with the provisions of the code on intellectual property, be the object of any representation or reproduction, integral or partial, on any medium whatsoever, without the express and prior authorisation of L’OURS KIWI PARIS. Similarly, trademarks, trade names and logos appearing on this website are registered. Their total or partial reproduction, made from the material of the website is prohibited.
L’OURS KIWI PARIS has, for all means of access to the website, from the ordering process, delivery or subsequent services, only an obligation of diligence. The responsibility of L’OURS KIWI PARIS cannot be instituted for all the inconveniences or damages inherent to the use of the internet network, in particular an interruption to the service, an external intrusion or the presence of computer viruses, or an event which happens as a result of an act of God or force majeure, in accordance with the case law. In addition, L’OURS KIWI PARIS discharges its responsibility for any breach of its contractual obligations in the event of a force majeure or fortuitous event, including strikes, fire, disaster, breakdown and generally any event that does not allow the proper execution of orders.
- Legal warranty
You benefit from a guarantee of hidden defects and conformity in accordance with the provisions of articles 1641 to 1649 of the civil code, L211-4, L211-5 and L211-12 of the code of consumption to legally obtain the repair or replacement of the goods and if that is not possible, a settlement or reduction of the price.
Article 1641 of the Civil Code
« The seller is bound by the guarantee associated with hidden defects of the sold item which makes it unsuitable for the use for which it is intended, or which decreases the use to such an extent that the buyer would not have bought it, or would have paid a lower price, if he/she had been aware of them « .
Article 1648 paragraph 1 of the Civil Code
« The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect ».
Article L211-4 of the Consumer Code
« The seller is required to deliver a product that complies with the contract and is liable for any lack of conformity existing at the time of delivery. The seller must also respond to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it is his/her responsibility according to the contract ».
Article L211-5 of the Consumer Code
« To conform with the contract, the goods must:
A – Be fit for the use normally expected of a similar product and, where appropriate:
Correspond to the description given by the seller and possess the qualities that he has presented to the buyer in the form of a sample or model;
Have the qualities that a buyer may legitimately expect given the public statements made by the seller, the producer or his/her representative, particularly with regard to advertising or labelling;
B – Or have the characteristics defined by mutual agreement between the parties or be suitable for any special purpose sought by the buyer, made known to the seller and which the latter has accepted «
Article L211-12 of the Consumer Code
« The action resulting from the lack of conformity will expire after two years from the date of delivery of the product ».
In the event that any of the clauses of the present contract would be null and void as a result of a change in legislation, regulation or a court decision, this would have no affect on the validity of the present general terms and conditions of sale.
These conditions apply throughout the duration of online services provided by L’OURS KIWI PARIS, and are subject to change.
- Applicable Law and Disputes
These general conditions of sale are subject to French law. Any disputes that may arise concerning the validity, interpretation, execution or termination of this contract shall be submitted, before any legal procedure, to mediation, or any other alternative method of dispute settlement with a view to seek an amicable solution.
- Sécurisation du paiement
To ensure the security of payments, the company L’OURS KIWI PARIS uses the secure payment service Stripe. Bank details are encrypted (SSL safety standards) and therefore will not be made public on the internet.
- Order Tracking
Once your order has been placed on our website, you are able to track it at any time. To benefit from this service, simply log in to your account on our website and access the “My orders and returns” section.
For each order, we will keep you updated as to its status:
– The order is recorded (your payment by credit card has been validated)
– The order is in preparation (your order is being prepared in our warehouse)
– The order has been shipped: depending on your choice of delivery, your order has been delivered to the post office (you have access to the Colissimo number of your order to track it) or it has been shipped and delivered to the shop which you have selected at the time of placing your order.