Terms of sale
General conditions of sale of the website kibodo.shop
applicable from 07/01/2022
Article 1. Parties
These general conditions are applicable between Chaloudy, Sasu, Social Capital: 1 €, registered with the RCS of Pau in France the 02/01/2020, under the number 848 598 207, the head office : 81 Boulevard de Loussere, 64000 PAU, FR, phone : +33767595064, E-mail : email@example.com, Intra-community VAT number : FR83880232764, hereinafter "the Editor" and any person, physical or moral, private law or public law, listed on the site to buy a product, hereinafter "the customer".
Article 2. Definitions
« Customer"Any person, physical or moral, private law or public law, listed on the site.
« Content of the site » : Elements of any kind published on the site, protected or not by an intellectual property right, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
« The Editor » : Chaloudy, Sasu taken as publisher of the site.
« Internet"Any person, physical or moral, private law or public law, connecting to the site.
« Product": Good of any kind sold on the site by the publisher to customers.
« Site»: Website accessible to the URL kibodo.shopas well as subsites, mirror sites, portals and variations of URLs.
Article 3. Scope
The site is free and free access to any user. Navigation on the site implies acceptance by any user of these Terms and Conditions. Simply connecting to the site, by any means whatsoever, in particular through a robot or browser, will carry full acceptance of these terms and conditions. When registering on the site, this acceptance will be confirmed by checking the corresponding box.
The user recognizes the same fact to have fully acquainted and accept them without restriction.
Check the above box will be deemed to have the same value as a handwritten signature on the part of the user. The user recognizes the evidence value of the Editor's automatic registration systems and, except for him to prove contrary, he renounces challenges in the event of a dispute.
These general conditions are applicable to relations between the parties to the exclusion of all other conditions, and in particular those of the user.
The acceptance of these Terms and Conditions supposes on the part of Internet users that they enjoy the necessary legal capacity for this, or failing that they have the authorization of a guardian or curator if they are incapable , from their legal representative if they are minor, or that they hold a warrant if they act on behalf of a legal person.
Article 4. Purpose of the site
The purpose of the site is to sell products to customers.
Article 5. Stages of the order
In order to order, Internet users will be able to select one or more products and add them to the basket. The availability of products is indicated on the site, in the descriptive sheet of each article. When their order will be complete, they will be able to access their basket by clicking on the button provided for this purpose.
5.2. Validation of the order by the user
By consulting their basket, Internet users will have the opportunity to check the number and the nature of the products they have chosen and will be able to check their unit price, as well as their overall price. They will have the opportunity to remove one or more products from their basket.
If their order suits them, Internet users will be able to validate it. They will then access a form on which they may either seize their login credentials if they already have either or register on the site by completing the registration form by means of the personal information concerning them.
5.3. Payment by the customer
Since they will be connected or after they have perfectly completed the registration form, customers will be invited to control or modify their delivery and billing coordinates, and then will be invited to make their payment by being redirected for this purpose. On the secure payment interface comprising the words "order with payment obligation" or any similar formula.
5.4. Confirmation of the order by the Editor
Once the payment is actually received by the Publisher, the Editor is committed to acknowledging the client electronically, within 24 hours. Within the same period, the Editor undertakes to send to the Customer a summary email summary of the order and confirming the treatment, taking all the information relating there.
Article 6. Price - Payment
The applicable prices are those displayed on the site on the day of the order. These prices can be modified at any time by the Editor. The prices displayed are only valid at the day of the order and do not affect the future.
The prices shown on the site are heard in euros, all taxes included, excluding delivery charges.
6.2. Payment method
The client can make a by-law by Paypal, Stripe, Amazon Pay, Google Pay.
As part of credit card payments, the Publisher has access to any data relating to the customer's means of payment. The payment is made directly in the hands of the banking institution.
In case of payment by mandate, check or bank transfer, the delivery times are only starting from the date of the payment of the payment by the Publisher.
The Editor will send or make the client's disposal an invoice electronically after each payment. The customer expressly agrees to receive invoices electronically.
6.4. Failure to pay
The agreed payment dates can not be delayed from any pretext, including in the event of a dispute.
Any amount not paid at maturity will result in the right and without notice, to the application of delay penalties calculated on the basis of a rate equal to 3 times the legal interest rate, without this Penalty nulls at the cost of sums due in principal.
In addition, any late payment will result in the billing to the defaulting client of recovery fees in the amount of 40 euros, the immediate due amount of all the remaining amounts of the agreed time, increased by a compensation of 20% of the amount as a criminal clause, as well as the possibility of terminating the contract unilaterally in the harm of the customer. This clause is part of the provisions of Article 1152 of the Civil Code allowing the judge to reduce the indemnity if the judge considers that it is excessive.
The products sold remain the property of the Publisher until complete payment of their price, in accordance with this property retention clause.
Article 7. Customer Service
The customer service of the site is accessible from Monday to Sunday of 00:00 at 00:00 At the next not surcharged phone number: 0767595064, by email to: firstname.lastname@example.org or by mail at the address indicated in Article 1 of these Terms and Conditions. In these last two cases, the publisher undertakes to provide a response under 2 open days.
Article 8. Personal space
8.1. Creating the personal space
The creation of a personal space is a prerequisite for any order of a user on the site. To this end, the user will be invited to provide a number of personal information. Some of this information is deemed indispensable for the creation of personal space. The refusal by a user to provide the said information will prevent the creation of the personal space as well as, incidentally, the validation of the order.
When creating the personal space, the user is invited to choose a password. This password constitutes the guarantee of the confidentiality of the information contained in the personal space. The user therefore prohibits transmitting or communicating it to a third party. Otherwise, the Editor can not be held responsible for unauthorized access to the personal space of a user.
The customer undertakes to proceed with a regular verification of the data which concern him and to proceed online, from his personal space, to the necessary updates and modifications.
8.2. Content of the personal space
The personal space allows the customer to consult and follow all his orders made on the site.
Personal space pages are freely printable by the account holder in question, but do not constitute an eligible evidence by a court. They only have an informative character for ensuring effective management of its orders by the customer.
The Publisher undertakes to securely maintain all contractual elements whose conservation is required by the law or the regulations in force.
8.3. Removal of personal space
The Publisher reserves the right to delete the account of any customer who contravenes these general conditions, especially when the customer provides inaccurate, incomplete, false or fraudulent information, as well as when the personal space of a customer will have remained inactive for at least one year. The said deletion will not be likely to constitute a fault of the publisher or damage for the excluded client, who can not claim any compensation thereof.
This exclusion is without prejudice to the possibility, for the Publisher, to undertake judicial prosecutions against the client, when the facts have justified him.
Article 9. Personal data
As part of its benefit, the publisher will be required to process personal data of its customers.
9.1. Identity of the head of treatment
The manager of collecting and data processed on the site is the Publisher.
9.2. Identity of the delegate for data protection
The data protection delegate is: Etienne Deshoures, 121 Boulevard de Sébastopol 75002 Paris, email@example.com, 01 77 62 82 03, www.deshoulieres-avocats.com"Always taking care to create a hypertext link on the URL of our site
9.3. Data collected
9.3.1. Data collected from customers
As part of its contractual relations, the publisher may be required to collect and process information from its customers, namely: Email name and first name, phone, address, state, province, postal code, city.
9.3.2. Data collected from customers
The data collected during the contractual relationship are the subject of automated processing for:
- Engage judicial proceedings;
- Check the identity of customers;
9.3.3. Legal basis of treatment
The data collected are for legal basis a contractual relationship.
9.3.4. Data recipients
The data collected shall be consulted only by the Editor within the limits strictly necessary for the execution of the contractual commitments.
These data, whether in individual or aggregate form, are never freely visualized by a third-party natural person.
9.3.5. Shelf life of personal data
The personal data collected are retained during the time of the contractual relationship, and during the time during which the liability of the publisher can be engaged.
Past the conservation period, the Publisher undertakes to definitively delete the data of the persons concerned without keeping a copy.
9.3.6. Security and confidentiality of personal data
Personal data is kept under secure conditions, depending on the current means of the art, in accordance with the provisions of the General Regulations on Data Protection and the national legislation in force.
Access to the premises of the publisher is also secure.
9.3.7. Data minimization
The publisher can also collect and treat any data voluntarily transmitted by its customers.
The publisher directs its clients to provide strictly necessary personal data to the execution of contractual commitments.
The Publisher undertakes to maintain and address only the strictly necessary data for its professional activities, and remove any data received not useful to its activities as soon as possible.
9.4. Respect for rights
The publisher's clients have the following rights regarding their personal data, whether they can exercise by writing at the postal address of the Editor or by completing the online contact form.
9.4.1. Right of information, access and communication of data
The publisher's clients have the opportunity to access the personal data that concerns them.
Due to the obligation to safety and confidentiality in the processing of personal data on the publisher, applications will be processed if clients report proof of their identity, including the production of a scan of their valid identity title (in case of application by the dedicated electronic form) or a photocopy signed by their valid identity title (in case of request addressed in writing), both accompanied by the words "I certify On the spotlight that the copy of this piece of identification is in accordance with the original. Done at ... The ... ", followed by their signature.
To help them in their approach, guests will find hereA mail model developed by the CNIL.
9.4.2. Right of rectification, deletion and right to forgetting data
The publisher's clients have the option of requesting rectification, updating, locking or erasing their personal data that may be inappropriate, incorrect, incomplete or obsolete.
The publisher's clients may also define general and specific guidelines for the fate of personal data after their death. Where appropriate, the heirs of a deceased may require consideration of the death of their loved one and / or proceed to the necessary updates.
To help them in their approach, guests will find hereA mail model developed by the CNIL.
9.4.3. Right of opposition to data processing
The publisher's clients have the opportunity to oppose a processing of their personal data.
To help them in their approach, guests will find hereA mail model developed by the CNIL.
9.4.4. Right to data portability
The publisher's clients have the right to receive the personal data they have provided to the Editor in a transferable, open and readable format.
9.4.5. Right to the limitation of treatment
The publisher's clients have the right to request that the processing of their personal data by the Publisher is limited. Thus, their data can only be preserved and no longer used by the Editor.
9.4.6. Reply duration
The Publisher undertakes to respond to any request for access, rectification or opposition or any other request for information within a reasonable time which can not exceed 1 month from receipt of the application.
9.4.7. Complaint with the competent authority
If the publisher's clients consider that the Editor does not comply with its obligations with regard to their personal data, they may address a complaint or a request to the competent authority. In France, the competent authority is the CNIL to which they can send a request here.
9.5. Transfer of data collected
9.5.1. Transfer to partners
The Publisher uses providers authorized to facilitate the collection and processing of data from its customers. These providers may be located outside the European Union.
The Publisher has previously been implemented by its adequate guarantee providers and the respect of strict conditions for the confidentiality, use and data protection, for example via the Privacy Shield United States.
The Editor uses the following subcontractors:
9.5.2. Transfer on requisition or judicial decision
Customers also agree that the publisher communicates the data collected to any person, on requisition of a state authority or judicial decision.
9.5.3. Transfer as part of a merger or acquisition
If the Editor is involved in a merger, a sale of assets, a financing operation, a liquidation or bankruptcy or in an acquisition of all or part of its activity by another company, the clients agree that the data collected Transmitted by the Publisher to this company and that this company operates the personal data processing referred to in these general conditions of service instead and place of the publisher.
Article 10. EDITOR RESPONSIBILITY
10.1. Nature of the bonds of the Editor
The Publisher undertakes to bring the care and diligence necessary for the provision of quality products in accordance with the specifications of these Terms and Conditions. The Publisher responds only an obligation of means concerning the services object of these.
10.2. Force majeure - Customer's fault
The Editor will not engage his liability in case of force majeure or fault of the client, as defined in this article:
10.2.1. Force majeure
In the sense of these general conditions, will be considered as a case of force majeure opposable to the customer any impediment, limitation or disturbance of the service due to fire, epidemic, explosion, earthquake, fluctuation of the band passing, breach of the provider of access, failure of transmission networks, collapse of the installations, unlawful or fraudulent use of passwords, codes or references provided to the client, computer hacking, a fault security attributable to the host of the site or developers, flood, power failure, war, embargo, law, injunction, demand or requirement of any government, requisition, of strike, boycott, or other circumstances outside the reasonable control of the publisher. In such circumstances, the Publisher will be exempted from the execution of its obligations within the limit of this impediment, of this limitation or of this disturbance.
In the sense of these general conditions, will be considered as a fault of the client opposable to the latter any misuse of the service, fault, negligence, omission or failure of his part or that of his attendants, non-compliance with the advice given by the Editor on his site, any disclosure or illicit use of the password, codes and references of the client, as well as the intelligence of erroneous information or the absence of updating such information in his personal space. Will also be considered as a fault of the client the implementation of any technical process, such as robots, or automatic requests, the implementation of which would violate the letter or the spirit of these terms and conditions of sale.
10.3. Technical Problems - Hypertext Links
In case of impossibility of access to the site, due to technical problems of all kinds, the customer will not be able to avail himself of a damage and can not claim any compensation. The unavailability, even prolonged and without any limiting duration, of one or more online services, can not be constitutive of a prejudice for clients and can not give rise to the granting of damages on the part of The Editor.
The hypertext links on the site can return to other websites. The liability of the publisher can not be initiated if the content of these sites contravenes the legislation in force. Similarly, the liability of the publisher can not be engaged if the visit, by the user, from one of these sites, caused him a prejudice.
In the current state of the art, the rendering of the representations of the proposed products on the sale on this site, in particular in terms of colors or forms, can substantially vary from one computer station to another or differ from the reality according to The quality of graphics and screen accessories or according to the display resolution. These variations and differences may be assumed to be charged to the publisher who can not at any case see his liability incurred.
10.4. Damages at the expense of the Editor
In the absence of legal or regulatory provisions, the liability of the publisher is limited to the direct, personal and certain prejudice suffered by the client and related to the failure in question. The Publisher can not in any case be held responsible for indirect damages such as, including data loss, trade harm, order losses, branding, commercial disorders and profit losses or customers. Similarly and within the same limits, the amount of the damage and interest put to the publisher will in any case be able to exceed the price of the controlled product.
10.5. Hypertext links and site content
The contents of the site are published as an indication, without guarantee of accuracy. The Editor may in no way be held responsible for an omission, inaccuracy or error contained in this information and which would cause direct or indirect damage to the user.
Article 11. INTELLECTUAL PROPERTY
11.1. Legal protection of the contents of the site
The contents of the site are likely to be protected by copyright and the database right. Any representation, reproduction, translation, adaptation or transformation, integral or partial, carried out illegally and without the consent of the publisher or his beneficiaries or persons who constitute a violation of the books I and III of the Code of Intellectual Property and will be subject to to give rise to judicial proceedings for counterfeiting.
11.2. Contractual protection of the contents of the site
The user contractually agrees with regard to the Editor not to use, reproduce or represent, in any way, the contents of the site, whether or not they are protected by an intellectual property right, to another purpose than that of their reading by a robot or browser. This prohibition is not applicable to indexing robots having the sole purpose of scanning the content of the site for indexing purposes.
Article 12. Final stipulations
12.1. Applicable right
These general conditions are subject to the application of French law.
12.2. Changes in these terms and conditions
These Terms and Conditions may be modified at any time by the Editor. The general conditions applicable to the Customer are those in force on the day of its order or its connection on this site, any new connection to the personal space removing acceptance, if necessary, the new general conditions.
Under Ordinance No. 2015-1033 of August 20, 2015, all litigation that may arise in the execution of these General Conditions and whose solution could not be found prior to the amicably between the parties must be submitted.
In addition, the customer is informed of the existence of the litigation settlement platform, accessible to the following URL: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
Since January 1, 2016, mediation is mandatory for all. Thus, any professional selling to individuals, is required to communicate the coordinates of a competent mediator in case of dispute, and that regardless of it sells remotely or in a physical store (source: FEVAD).
EC EUROPA / https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
The nullity of one of the clauses of this contract will not result in the nullity of the other clauses of the contract or the contract as a whole, which will keep their full effect and scope. In such a case, the parties will have to the extent possible replace the stipulation canceled by a valid stipulation corresponding to the spirit and the purpose of these.
The absence of exercise by the Editor of the rights recognized by the present will in no way be interpreted as a waiver of asserting such rights.
The client is informed that he has the opportunity to register on the opposition list to telephone change at the address http://www.bloctel.gouv.fr/.
12.7. Languages of these Terms and Conditions
These Terms and Conditions are proposed in French.
12.8. Abusive clauses
The stipulations of these Terms and Conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning abusive clauses in contracts between a professional and a consumer.