General terms of sale
1. Preamble
The present general terms of sale affect the sale of all the products presented on the site Kitbroderie
By placing an order, the customer admits being aware of the present general terms of sale.
2. Intellectual property
The site Kitbroderie is property of Boikamol Sarl, 49 avenue Maréchal Foch, F-69006 Lyon, who is also owner of all the registered models shown on the site.
The pictures (photographs, designs) shown on the site are not contractual, the aspiration of the site Kitbroderie being to stimulate creativity of its customer in embroidery, and not to reproduce identical models.
Any attempt of intrusion or hacking, any unauthorized reproduction, modification, commercial use, totally or partially, of any element of the site is prohibited and exposes its author(s) to legal actions.
The present general terms of sale do by no means involve any authorization to reproduce, modify or use commercially the different elements of the site or the models which are sold on it.
3. Price
Prices are mentionned in euros, including French VAT at the date of order. Kitbroderie reserves the right to modify the prices at any moment. This is the price the customer accepts to pay, excluding any other currency. The customer will take charge of any additionnal taxes related to the delivery in the country of destination, and especially customs taxes.
4. Order validation
To place an order, you must be at least 18 years old and be legally qualified or have a parents' authorization to do such an operation.
Before you place your order, you must create a customer account. By this procedure, you will have to give to Kitbroderie personal informations (such as name, delivery address, email). These informations will only be used to treat your order. Thank you for giving sincere informations.
After this stage, you will get a user name and a password that you will use to have access to your private area on the site, in which you can check the status of your current orders and the historical account of your purchases.
At the end of your purchases, you just have to click on "my basket". A statement of your order will appear on the screen. At this stage, it will still be possible to delete a product from the basket or to modify the quantity of each product.
After this checking, you just have to click on "check out" to proceed to the next step.On this new page, you must read the general terms of sale and accept them.
The last step is the payment.If you choose to pay per credit card, you will automatically access to the site of our partner bank.
After the payment, you will come back to the site Kitbroderie.com. An email of order confirmation will be automatically sent to you. If you do not receive it, please contact immediately contact@kitbroderie.com.
The delivery of the ordered goods will only take place after effective receipt of the payment at the bank of Kitbroderie.
5. Property reserve
The goods remain property of Kitbroderie until complete payment by the customer.
6. Payment
The site Kitbroderie provides a secured payment system by credit cards, provided by Banque Nationale de Paris-Paribas. The informations about the customer's credit card are only known by this bank; the site Kitbroderie has no access to the card number or to his confidential code. The bank only gives confirmation of the payment.
In case of payment by cheque, Kitbroderie only accepts cheques from French banks, and keeps a delivery delay according to the effective payment of the cheque at the bank of Kitbroderie.
Cheques are to be paid to the order of Boikamol Sarl :
Boikamol sarl
49 avenue Maréchal Foch
69006 LYON
FRANCE
7. Delivery
After receipt of the payment and confirmation of order, Kitbroderie sends the goods within an indicative term of three working days, via the postal service.
Kitbroderie will not be under any liability for any delivery delay by circumstances beyond its control, such as delays of the French and foreign postal services, natural disasters, strikes, non-reception by the customer at the delivery address.
Neither can Kitbroderie be held responsible for uncorrect information about delivery address, that could delay the delivery or make it impossible.
8. Availability
Any out-of-stock condition, temporary or definitive, is announced in good time on the site. In case of running out of a good already ordered by the customer, he is immediately informed by Kitbroderie, who proposes an appropriate solution: delivery delay, exchange of goods or refunding.
9. Delivery costs
For deliveries under 1 kilogram, packing and delivery costs are determined as follows :
At September 15, 2006, these costs are :
- Within France and DOM TOM : 5 euros
- Within the European Community and Switzerland : 10 euros
- Elsewhere in the World : 15 euros
Over 1 kilogram, delivery costs are announced to the customer for approval before order confirmation.
10. Non- conformity
Upon receipt, the customer has three working-days time to check the good state of the goods and if they are according to the order.
In case of refusal of the delivery for non-conformity or damage, the customer contacts Kitbroderie, who proposes an exchange of goods or a refunding. This will only happen after sending back the goods, in their original package, to the above mentionned address, within three working-days.
11. Withdrawal
By the terms of article L 121-20 of the Consumer Code, the customer disposes of a withdrawal right that allows him to send back the ordered goods within seven clear days upon receipt date, at his charge, to get the refunding.
In that case, products must be returned in perfect state of sale, in their original package, closed, together with the purchase invoice.
Any incomplete, damaged, broken product, or with damaged original package, will neither be reimbursed nor exchanged.
Exercising the withdrawal right will involve the refunding of the price, except return costs which stay at the customer's charge. This reimbursement will take place in cash, by re-crediting the credit card used for the original order or, if impossible, within 30 days after receipt of the returned goods.
12. Informatique et Libertés
The informations given by the customer for his registration are obligatory and necessary to the treatment of his order.
No other personal information will be collected by Kitbroderie without express assent of the customer.
By the terms of the law "Informatique et Libertés", the treatment of personal informations related to the customer involves a declaration at the CNIL (Commission Nationale de l'Informatique et des Libertés). The customer disposes (article 34 of the Law of 6 January 1978) of the right to access, modification, correction and cancelling of his personal informations, which he can use by: contact@kitbroderie.com, or by Boikamol Sarl, 49 avenue Maréchal Foch, F-69006 Lyon.
Kitbroderie does not share, free or with counterpart, personal informations about his customer with other third parties.
13. Cookies
For a convivial use of the site, Kitbroderie choosed to use cookies.
Cookies are numerical user names transferred to the user's computer hard file; they enable Kitbroderie to recognize you and to set up more innovating and attractive functions.
In general, the cookie records informations relating to your navigation (pages visited, date and hour of the visit, etc). It also contains the informations you gave at the time of your registration.
At your next visit, you will not have to enter your identity once more.
We still inform you that you can remove cookies by following directions provided in your Internet browser's "help" file.
14. Gifts
Kitbroderie chooses to offer gifts to his customer, at some frequencies and occasions. These gifts have no commercial value and are intended to the exclusive use of the customer, in the field of embroidery. The customer would not be justified against Kitbroderie if the gift would not suit to him, except in case of evident damage of the gift, which would then be exchanged in the same conditions as the goods sold by Kitbroderie.
15. Responsibilities
Kitbroderie binds himself to implement the reasonable necessary means to fulfill all its obligations.
The customer, and more generally any Net surfer, recognize that transmission of informations on Internet is based on imperfect technical reliability, circulating on heterogeneous networks, with various characteristics and technical capacities, sometimes saturated at certain periods of the day. The customer recognizes particularly his knowledge of Internet and its technical performances, and the possibility of interruptions, slow downs and inaccessibilities to the services of the site.
Consequently, Kitbroderie cannot be held responsible in any case for :
- opening speed and navigation speed among the pages of the site,
- interruption or inaccessibility of service,
- external slow down,
- fraudulent use by third parties of informations given by the customer.
Kitbroderie could not be held responsible for any disfunctions, losses or deteriorations which could occur on the user's computer.
It behoves to the customer as any Net surfer to protect his computer against viruses and any attempt at fraudulent intrusion; Kitbroderie could not be held responsible in such a case.
Under no circumstances would Kitbroderie be held responsible if the service offered by the site would be incompatible or would show disfunctions with any softwares, navigators, configurations, development systems or fittings of the customer.
Some hyperlinks can connect to other sites. Kitbroderie could not be held responsible if the contents of the other sites would contravene to legal or regulation applicable rules.
The liability of Kitbroderie for default of delivery obligation will be limited to the order's price and the charge will be brought by the customer.
16. Litigations
The present general terms of sale are liable to French law, and their French translation is the only authentic text.
The claims or contestations will always be considered with good-will, based on the sincerity and honesty of the party which accepts to expose its position. In case of claim, the customer will always contact Kitbroderie first, to try to obtain a conciliatory solution, before any legal claim.
If no agreement can be reached, the Commercial Court of Lyon will be the only competent authority.
