General Terms and Conditions of online shop and sales via KABATANI.com
These terms and conditions determine the principles of purchases in the online shop run by the Seller under www.kabatani.com
The Seller is Katarzyna Batani - BATANI having its registered office in Bordeaux, 38 Rue Pages, 33000 registered under the NIP (Tax Identification Number) number: 878 525 757, also interchangeably referred as "the Service Provider".
The Seller is available:
• under Helpline phone number: +33 6 56 77 16 32
• via e-mail: hello@kabatani.com
§ 1 OBJECT
The General Terms and Conditions (GT&C) define rights and obligations of both parties the client (who buys the goods) and the seller (who sells the goods or services) via online shop at the website www.kabatani.com
Placing an order implies unreserved acceptance of these conditions.
§ 2 GENERAL PROVISIONS
The General Terms and Conditions of online shop and Sale govern sales of Products or Services, made through the website of the Batani Company, and are an integral part of the Contract between the Buyer and the Seller. They are fully opposable to the Buyer who accepted them before placing an order.
Batani reserves the right to modify these General Terms and Conditions at any time by publishing a new version on its website. The General Terms and Conditions then applicable are those in force on the date of payment (or of the first payment in the event of multiple payments) of the order. These GT&C can be viewed on the Company's website at the following address: http://www.kabatani.com/index.php?id_cms=3&controller=cms.
Batani also ensures that their acceptance is clear and unreserved by setting up a check box and a validation click. The Customer declares to have read all of the General Conditions of Sale, and if applicable the Special Conditions of Sale linked to a product or service, and to accept them without restriction or reservation.
The Customer acknowledges that he has received the advice and information necessary to ensure that the offer meets his needs.
The Customer declares that he is able to contract legally under French law or validly represents the natural or legal person for which he undertakes.
Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
§ 3 PRIX
VAT is not applicable on invoices (article 293 B of the General Tax Code).
Product prices are given in euros excluding shipping costs.
The Seller reserves the right to change prices. However, any product will be invoiced according to the price mentioned at the time of registration of the order.
The Seller retains ownership of the products until receiving payment on the company account.
§ 4 CONCLUSION OF THE ONLINE CONTRACT
The Customer must follow a series of steps specific to each Product offered by the Seller to be able to place their order. However, the steps described below are systematic:
➢ Information on the essential characteristics of the Product;
➢ Choice of the Product, if applicable of its options and indication of the essential data of the Customer (identification, address, etc.);
➢ Acceptance of the General Terms and Conditions of Sale.
➢ Verification of the elements of the order (double click formality) and, if necessary, correction of errors. Before confirming, the Buyer can check the details of his order, its price, and correct any errors, or cancel his order. The confirmation of the order will prevail the formation of this contract.
➢ Follow-up of instructions for payment, and payment of products.
➢ Delivery of products.
For the products delivered, this delivery will be made to the address indicated by the Customer. For the purposes of order fulfillment, and in accordance with article 1316-1 of the Civil Code, the Customer undertakes to provide its true identification elements.
The Seller reserves the right to refuse the order, for example for any abnormal request made in bad faith or for any other legitimate reason.
§ 5 PRODUCTS AND SERVICES
The essential characteristics of the goods and their prices are made available to the buyer on the Company's websites, as well as, where applicable, the method of using the product. The Seller undertakes to fulfill the Customer's order only within the limits of the stocks of Products available. The Seller reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order.
When the products or services are not executed immediately, clear information is given on the product presentation page as to the delivery dates of the products or services. The customer certifies having received a detail of the delivery costs as well as the methods of payment, delivery and execution of the contract, as well as detailed information related to the identity of the seller, his postal, telephone and electronic contact details, and to its activities in the context of this sale. The Seller undertakes to fulfill the Customer's order within the limits of the stocks of Products available only. Otherwise, the Seller informs the Customer; if the order has been placed, and failing agreement with the Customer on a new delivery date, the Seller reimburses the customer.
Otherwise, the Seller informs the Customer. This contractual information is presented in detail and in French or English. In accordance with French law, they are the subject of a summary and a confirmation during the validation of the order. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. Unless otherwise specified, the rights granted hereunder are only granted to the natural person signing the order (or the person holding the email address communicated). In accordance with legal provisions regarding compliance and hidden defects, the Seller refunds or exchanges defective products or products that do not correspond to the order.
For a refund or exchange request (excluding custom orders which are neither refundable nor exchangeable) please contact us: hello@kabatani.com
§ 6 TITLE RETENTION CLAUSE
The products remain the property of the Batani Company until full payment of the order.
§ 7 DELIVERY TERMS
As soon as your payment has been confirmed by Credit Card or check, your order is carefully prepared.
The packaging (cardboard, bubble wrap, wedging of items) is intended to protect your products during shipment. It is solid and designed to adapt to the items of your order and to ensure good delivery.
In order to limit the costs incidental to your order, the BATANI Company does not charge any order preparation costs.
The products are sent to the delivery address which was indicated when ordering and within the time limits indicated. These times do not take into account the time of preparation of the order. When the delivery requires an appointment with the Customer, The Company will provide the Customer's telephone number for a direct appointment with the delivery company.
In the event of late delivery, the Customer has the possibility of terminating the contract under the terms and conditions defined in Article L 138-2 of the Consumer Code.
The Seller then reimburses the product and the "outward" costs under the conditions of Article L 138-3 of the Consumer Code. The Seller provides a telephone contact point (cost of local communication from a landline) indicated in the order confirmation email to follow up on the order.
The Seller recalls that when the Customer takes physical possession of the products, the risk of loss or damage to the products is transferred to him. It is the Customer's responsibility to notify the carrier of any reservations regarding the product delivered.
Risks related to delivery or transport are the responsibility of the buyer.
In the event of disruptions, strikes by the postal services or an element of force majeure, no responsibility can be engaged for non-performance of the contract of sale to the seller.
Shipping your order
Our goal is to quickly prepare and deliver your order.
After receipt of your payment, shipments are most often made within 48 hours excluding weekends and holidays to the address mentioned on the order in mainland France and they can take up to 8 days to European countries.
Delivery methods
In order to best meet your needs, different delivery methods are available. The sendings are made by the services of the Post office (recommended/colissimo or normal/ colissimo) or the services of Mondial Relay.
In all cases, you can follow the route from a tracking number which is sent to you (via email) as soon as your package is dispatched.
Reception of the parcel
When presenting the package, it is the customer's responsibility to check the condition of the package and possibly to set up any complaints that appear justified.
§ 8 AVAILABILITY AND PRESENTATION
Orders will be processed within the limits of our available stocks or subject to stocks available from our suppliers.
The Seller cannot be held responsible if an indicative delivery time is changed. In the event of late delivery, the Customer has the possibility of terminating the contract under the terms and conditions defined in Article L 138-2 of the Consumer Code.
It is important to note that some of the products sold on the site are handcrafted and may vary from product to product. The appearance of products and their colors may also change depending on the browsers used.
§ 9 PAYMENT
Payment is due immediately upon order, including for pre-order products.
The Customer can make the payment by payment card, bank check or by the secure Paypal system.
Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by credit card is carried out by our payment provider.
Once the payment has been initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by card is irrevocable.
The check must be made out in euros and come from a bank domiciled in France. For checks from foreign banks, a supplement of 16 euros will be requested corresponding to the interbank fees.
Checks must be made payable to Katarzyna Batani and sent to the following address: 38 Rue Pages, 33000 Bordeaux
Orders are always dispatched after receipt of payment. If payment is made by check, it must be made within 7 days of ordering, otherwise the latter will be canceled.
In the case of payment by bank card, the order will be valid when the payment center has given its agreement, otherwise the order will be considered void.
For a possible payment in several installments, contact us by e-mail: hello@kabatani.com
En communiquant ses informations bancaires lors de la vente, le Client autorise le Vendeur à débiter sa carte du montant relatif au prix indiqué. Le Client confirme qu’il est bien le titulaire légal de la carte à débiter et qu’il est légalement en droit d’en faire usage. En cas d’erreur, ou d’impossibilité de débiter la carte, la Vente est immédiatement résolue de plein droit et la commande annulée.
By communicating his banking information during the sale, the Customer authorizes the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or if it is impossible to charge the card, the Sale is immediately automatically resolved and the order canceled.
§ 10 ORDER
The order is considered final after validation by the Batani company and collection of the amount. The Seller reserves the right to cancel an order for any reason and after informing the customer.
The sales contract will be effective only after total acceptance of the order at the time of sending the order confirmation email.
If you do not receive a confirmation email, you are advised to contact us from the “contact” page.
§ 11 WITHDRAWAL PERIOD
In accordance with the provisions of article L 221-20 of the Consumer Code, the Buyer has the right to retract without giving a reason, except for a custom order, within seven (7) days from the date of receipt of his order.
The right of withdrawal can be exercised by contacting the Seller as follows: For a request for withdrawals, please send an email within 7 days followed by the delivery date to hello@kabatani.com attaching the invoice. After validation by our teams, The Customer must return the products to the following address:
38 Rue Pages
33000 Bordeaux
France
The refund will be made within 10 days after the control of the returned goods.
In the event of the exercise of the right of withdrawal within the aforementioned period, the price of the product (s) purchased, the return costs remaining the responsibility of the Customer.
Goods returned by means of this mode shall be accepted only if sent by recommended mail, fully complete, and the product and accessories are undamaged with no signs of using, proving other use of the product than only to check it.
Any returned item damaged, broken or dirty will not be refunded.
The reimbursement will be made within 10 days, by bank check in the name of the person who placed the order.
§ 12 GUARANTEES
In accordance with the law, the Seller assumes the following guarantees of conformity and relating to hidden defects in the products. The Seller reimburses the buyer or exchanges products which are apparently defective or do not correspond to the order.
For a refund request please contact us by email hello@kabatani.com.
The Seller recalls that the Customer:
- has a period of 6 months from the delivery of the goods to contact the Seller .
- that he can choose between replacing the product subject to normal use and in accordance with the recommendations set out or a refund.
- that the Customer can also assert the guarantee against latent defects of the sold goods within the meaning of article 1641 of the civil code and, in this case, he can choose between the resolution of the sale or a reduction in the sale price (provisions of articles 1644 of the Civil Code).
To benefit from the guarantee, the Customer must return the product to the Seller at his expense by recommended mail with the original invoice.
The product will be exchanged for an identical or similar product and returned at the Seller's expense.
Placing an order implies total and unreserved acceptance of these conditions of sale by the buyer.
In the sales process, the seller is bound by an obligation of means; in no case may it be held liable for damage caused by the use of the Internet (loss of data, viruses, or others).
These conditions of sale established between the seller and his customers are governed by French contract law, in the event of litigation only the French courts will be competent.
§ 13 COMPLAINTS
If necessary, the Buyer can present any complaint by contacting The Company by email: hello@kabatani.com. In order to be able to process the complaint, it is necessary to attach photos of the product to the email.
At the time of delivery, the customer is required to check the condition of the product and mention on the voucher the reservations, dated, signed or refuse the package.
§ 14 INTELLECTUAL PROPERTY RIGHTS
The brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these GT&C. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
§ 15 FORCE MAJEURE
The execution of the seller's obligations hereunder is suspended in the event of a fortuitous event or force majeure which would prevent its execution. The seller will notify the customer of the occurrence of such an event as soon as possible.
§ 16 NULLITY AND MODIFICATION OF THE CONTRACT
If one of the stipulations of this contract is canceled, this nullity would not result in the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is only valid after a written and signed agreement of the parties.
§ 17 PROTECTION OF PERSONAL DATA
In accordance with the Data Protection Act of January 6, 1978, you have the rights to query, access, modify, oppose and rectify personal data concerning you. By adhering to these general conditions of sale, you agree that we collect and use this data for the realization of this contract. By entering your email address on our company website, you will receive emails containing information and promotional offers concerning products published by the Company and its partners. You can unsubscribe at any time. All you have to do is send an email to hello@kabatani.com mentioning STOP PUB.
The Company may request proof of identity or domicile in order to limit fraud.
In accordance with the Data Protection Act of 6 July 1978, users have the right to access and rectify data concerning them by clicking on the "My Account" link or by using the "Contact Us" page.
The recipients or categories of recipients of personal data, if they exist: the data controller, its departments in charge of marketing, the departments in charge of IT security, the department in charge of sales and delivery and the order, the subcontractors involved in the delivery and sale operations as well as any authority legally authorized to access the personal data in question - no transfer outside the EU is planned - the duration of data retention: time of the commercial prescription - the data subject has the right to request the controller to access personal data, rectification or erasure thereof, or a limitation of the processing relating to the data subject, or the the right to object to the processing and the right to data portability.
The person concerned has the right to lodge a complaint with a supervisory authority - the information requested during the order is necessary for the establishment of the invoice (legal obligation) and the delivery of the goods ordered, otherwise the order cannot be passed. No automated decision or profiling is implemented through the order process.
§ 18 LIABILITY
The Seller disclaims all responsibility for accidents occurring as a result of improper use of the products.
For public use, the buyer must himself inquire with the responsible offices about the suitability of the product for public places. In this specific case, the Seller will not be held responsible for any compensation or claim requirements resulting from overwork and incapacity for public places.
§ 19 APPLICABLE LAW
All the clauses appearing in these general conditions of sale, as well as all the purchase and sale operations which are referred to therein, will be subject to French law.
In the event of sale to a legal person, any dispute relating to the sale will be subject to French law before the Commercial Court of the Seller's registered office.
Our general conditions of sale have been developed from a free model that can be downloaded from the site https://www.donneespersonnelles.fr/ "