Terms of Sales
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Article 1: DEFINITIONS
KALYS: this term designates the brand of the company Kalypso cosmetics, a unique company with limited liability with a capital of € 4,000, intra-community VAT number: FR 40 522 658 772, registered with the RCS of Salon de Provence under number 522 658 772, of which the head office is located at chemin de la Coulade, 13680 Lançon Provence.
PRODUCT (S): this term refers to cosmetic products marketed by KALYS and offered for sale on the SITE.
BUYER: this term refers to the co-contracting party, a natural person who acts for non-professional purposes, having ordered one or more PRODUCT (S) on the Site.
SITE: this term designates the KALYS Website: kalys-naturalcosmetics.com on which the PRODUCTS are presented and sold to the PURCHASER.
ORDER: this term designates the sales contract concluded between KALYS and the PURCHASER. All orders are made with an obligation to purchase.
PART (S): this term designates jointly or separately the PURCHASER and / or KALYS.
PRIVATE SALES: this term refers to event sales of PRODUCTS occasionally organized by KALYS over short periods, at advantageous prices and exclusively reserved for Buyers as defined above, with a view to destocking the Products. The KALYS private sales store is accessible to any user / and or subscriber after logging in with username and password on the site www.kalys-naturalcosmetics.com.
Article 2: OBJECT
The purpose of these general conditions of sale is to define the conditions and modalities under which KALYS offers, via its SITE, the marketing of PRODUCTS to BUYERS.
Consequently, any ORDER of one or more PRODUCTS from the PURCHASER entails its unreserved acceptance and its prior full and complete acceptance of these general conditions of sale which prevail over any other document, unless specific conditions expressly consented in writing by KALYS.
The BUYER acknowledges having read these general conditions of sale prior to his ORDER.
These general conditions of sale only apply to the online sale of PRODUCTS on the SITE and come into force as of October 22, 2020. They cancel and replace all previous versions.
KALYS reserves the right to modify these general conditions of sale at any time. Nevertheless, the general conditions of sale applicable to the ORDER of PRODUCTS placed by a PURCHASER on the SITE are those accepted by the PURCHASER at the time of placing the ORDER.
These general conditions of sale complete the conditions of use of the SITE available at any time in the "Legal notices" section of the SITE and applicable to the PURCHASER.
Article 3: PROVISIONS SPECIFIC TO THE SALE OF PRODUCTS ON THE SITE
Article 3.1: Presentation and availability of PRODUCTS
The BUYER may, prior to his ORDER, take note, directly on the SITE, of the essential characteristics of the PRODUCT (s) he wishes to order. On the other hand, in the event that the PURCHASER wishes to obtain qualified advice on the PRODUCTS, a Consumer Service is made available to him;
To contact the Consumer Service, refer to the contact section.
In the event that the PRODUCTS are unavailable after placing the ORDER, the PURCHASER will be informed as soon as possible. KALYS will then proceed to the delivery of the ORDER without the PRODUCT concerned by this unavailability. Furthermore, the amount paid by the PURCHASER for said PRODUCT will be reimbursed by KALYS within 14 days of this incomplete delivery. If the amount of the BUYER's original ORDER allowed him to obtain an advantage (free shipping, gifts, etc.), the reimbursement of unavailable PRODUCTS will not result in the loss of these advantages.
Some of the PRODUCTS boxes are exclusively sold on the SITE.
Article 3.2: Order of PRODUCTS
To buy the PRODUCTS, the PURCHASER must go to the SITE and connect with his account by entering his e-mail address and password or create an account for which he must necessarily inform his civility, his last name, first name, e-mail address and password.
An online ORDER of PRODUCTS entails:
First: sending by KALYS, via email, a confirmation and summary of the ORDER.
Secondly: the sending by KALYS, via email, of a shipping confirmation of the ORDER.
Thirdly: delivery by KALYS of the PRODUCTS, according to the delivery method chosen, to the address indicated by the PURCHASER when placing his ORDER of PRODUCTS.
Article 3.3: Legal guarantees
The BUYER benefits from the legal guarantee of conformity provided for in articles L217-4 and following of the Consumer Code and the legal guarantee against hidden defects provided for in articles 1641 of the Civil Code and following. He has a period of two years to act from the delivery of the good.
Thus KALYS undertakes to deliver a good:
In accordance with the ORDER, that is to say:
1) specific to the use usually expected of a similar good and, if applicable:
- corresponding to the description given by KALYS and having the qualities that KALYS presented to the PURCHASER in the form of a sample or model;
- having the qualities that the PURCHASER can legitimately expect given the public statements made by KALYS or by its representative, in particular in advertising or labeling;
2) Or having the characteristics defined by mutual agreement by the Parties or being suitable for any special use sought by the PURCHASER, brought to the attention of KALYS and which the latter has accepted.
And free from the hidden defects of the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the PURCHASER would not have acquired it, or would have given only a lower price , if he had known them.
In the event of non-compliance of a PRODUCT or delivery of a PRODUCT revealing a hidden defect, the PURCHASER contacts the “PRODUCTS” Consumer Service made available to him and can be contacted by:
Telephone: 06 23 95 17 98 (Monday to Friday 9 a.m. to 6 p.m.)
Mail: Kalypso cosmetics Consumer Service / Chemin de la Coulade 13680 Lançon Provence.
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The BUYER follows the instructions provided to him by the Consumer Service.
The PURCHASER must return the affected PRODUCTS unused and in their original packaging to the address indicated by the Consumer Service.
Upon receipt of the PRODUCTS and finding of the non-conformity or hidden defect, KALYS undertakes, at the choice of the PURCHASER, either to exchange the PRODUCT for an identical PRODUCT or of equivalent quality and price depending on the availability of stock, or to reimburse the price of the PRODUCT within a maximum period of 14 days following the PURCHASER's request.
Article 4: PROVISIONS COMMON TO THE SALE OF PRODUCTS ON THE SITE
Article 4.1: Order
An ORDER is deemed to have been placed on the SITE and the general conditions of sale accepted once the PURCHASER has validated his payment. The data recorded by KALYS and the secure payment provider constitute proof of the nature, content and date of the ORDER.
The PURCHASER's double click under the ORDER constitutes an electronic signature which has the same value as a handwritten signature. The double click and the acceptance of the general conditions of sale (checkbox) constitute unreserved acceptance of the ORDER by the PURCHASER.
The sale will only be considered final after confirmation of the ORDER has been sent to the PURCHASER by KALYS and receipt by the latter of the full price. KALYS recommends that the PURCHASER keep the information contained in the ORDER confirmation sent by KALYS in a paper or computer document.
Notwithstanding the foregoing, KALYS reserves the right to cancel any ORDER from a BUYER with whom there is a previous payment dispute or for any other legitimate reason having regard, in particular, to the abnormal nature of the ORDER, and without compensation. from KALYS.
At any time, the PURCHASER may follow his ORDER in the "My Account / My Orders" space provided for this purpose.
Article 4.2: Price
The prices of the PRODUCTS are expressed in euros and are understood to include all taxes (TTC), excluding participation in processing and shipping costs, the fixed amount of which varies according to the choice of the PURCHASER.
Said fixed amount will be applied and indicated during the final validation of the ORDER by the PURCHASER.
For any PRODUCT ORDER from the PURCHASER for an amount equal to or greater than € 59, and for delivery in mainland France, the above-mentioned participation in the processing and shipping costs will not be applied to the PURCHASER within the framework of 'Colissimo delivery.
For deliveries outside mainland France, shipping costs will not be applied according to the amount of the order, these differ according to the recipient's address.
The PRODUCTS remain the property of KALYS until full payment of the price.
Any promotional offers are valid as long as they are announced on the SITE.
Article 4.3: Payment
The payment of the ORDER is made online on the SITE (kalys-naturalcosmetics.com) via a payment card (credit card, Visa, Mastercard, American Express), via a PAYPAL account.
In the event that a refund is accepted by the SELLER, this will be made using the same means of payment as that used by the PURCHASER for the initial payment of the ORDER.
In the event of the purchase of one or more PRODUCTS on the SITE via a payment card, the PURCHASER indicates directly in the zones provided for this purpose: the card number, its validity date as well as its control code located at back of the card. The entire amount of the ORDER will be debited from the credit card on the day of the ORDER.
KALYS reserves the right to suspend any management of ORDERS and any delivery in the event of non-payment or refusal of authorization of payment by credit card by officially accredited and usual Internet organizations.
KALYS reserves the right to refuse to honor an ORDER from a BUYER who has not paid for all or part of a previous ORDER or with whom a payment dispute would exist.
KALYS cannot be held responsible for any embezzlement or fraudulent use of any means of payment that has not been detected by the verification procedure. The BUYER guarantees to KALYS that he has the necessary authorizations to use the payment method he has chosen for his ORDER.
Any fraudulent use of the credit card cannot give rise to reimbursement by KALYS.
Article 4.4: Securing of Payments
Purchases made by the BUYER are secure. When the PURCHASER places his ORDER online, it is on KALYS 'servers. When the PURCHASER makes payment for his ORDER, he switches to the secure servers of KALYS 'partner: Stripe.
Transactions made on the SITE are secured by the payment system. All information exchanged to process the payment is encrypted using SSL protocol. This data cannot be detected, intercepted or used by third parties. Stripe is certified by Visa (AIS), Mastercard (SDP) and American Express (TDC). These certifications guarantee that the operational processes and technical solutions used by Stripe meet the most demanding criteria in terms of secure exchanges and protection of bank data.
Article 4.5: Shipping & Delivery
Delivery is limited to mainland France and Corsica.
KALYS undertakes to ship the ORDER within 3 to 5 working days.
Delivery will be made within an average period indicated in the following table of 1 to 4 working days depending on the choice of delivery method made by the PURCHASER and in any event within a maximum period of 30 days from the day following that the transmission of his ORDER.
During Private Sales, during holidays or during sales, the order preparation and shipping times may be extended but in any event will not exceed a maximum period of 30 days from the day following that of the order. transmission of his ORDER by the PURCHASER.
Any erroneous or missing mention in the delivery address and the identity of the PURCHASER releases KALYS from responsibility for delivery.
In the event of an ORDER not collected by the PURCHASER within 15 days, it will be returned to KALYS. Upon receipt, KALYS will refund the amount of the PRODUCTS of the ORDER.
Upon receipt of the ORDER, the PURCHASER is required:
To formulate all reservations and complaints to the transport provider or to refuse the package if it is likely to have been opened or damaged;
AND to report these incidents to Customer Service, the contact details of which are given in article 3.3 for PRODUCTS;
The two complaints described above must be made by the PURCHASER without delay and at the latest within 3 working days from receipt of the ORDER.
Otherwise, the ORDER is deemed to be delivered in good condition and KALYS is released from all liability.
Article 4.6: Withdrawal
With the exception of the specific case of non-conformity of the PRODUCTS compared to the ORDER, there is no exchange of PRODUCTS possible. If the PURCHASER changes his mind and wishes to exchange an ordered PRODUCT for a new PRODUCT, he must, under his right of withdrawal, return the PRODUCT. This will be refunded but not exchanged. To have a new PRODUCT, the PURCHASER must place a new ORDER on the SITE.
Pursuant to the provisions of Articles L.221-18 et seq. Of the Consumer Code, the PURCHASER has a withdrawal period of fourteen (14) days from the delivery of his ORDER to return the BEAUTY PRODUCT (S) and / or PASSPORT (S) delivered for reimbursement. When the fourteen (14) day period expires on a Saturday, Sunday or a public holiday, it is extended until the next working day.
The reimbursement of all sums paid will be made no later than 14 days from the date of exercise of the right of withdrawal. Beyond that, the amount due is, as of right, productive of interest at the legal rate in force.
If the amount of the BUYER's original order has enabled him to obtain an advantage (free shipping, gifts, etc.), reimbursement of returned products will be possible subject to the return of the advantages.
If the total amount of the returned items causes the amount of the initial order to fall below the threshold that gave access to free shipping, said shipping costs will then be deducted from the amount of its refund.
Returns must in all cases be made in their original packaging and in perfect condition for resale to the following address: Kalypso cosmetics, chemin de la Coulade, 13680 Lançon Provence. The return shipping costs of the package remain the responsibility of the PURCHASER.
KALYS reserves the right to exclude the PURCHASER's right of withdrawal for products returned unsealed, for reasons of hygiene and safety.
Article 4.7: Liability
KALYS cannot be held responsible for any indirect damage that may arise from the purchase of the PRODUCTS.
KALYS cannot be held responsible for the non-execution of the ORDER in the event of a stock shortage or unavailability of the PRODUCTS due to a case of force majeure as defined by French case law and courts.
Similarly, the responsibility of KALYS under the obligations of these general conditions of sale can not be engaged in the event of the occurrence of damage resulting from the use of the Internet network such as virus, intrusion, loss of data, breach of internet service.
Article 4.8: Computing & Freedoms
The information collected by KALYS during any ORDER from the PURCHASER is necessary for the processing of ORDERS by KALYS and its commercial partners. KALYS undertakes to preserve the confidentiality of personal data transmitted by the PURCHASER.
In accordance with the Data Protection Act n ° 78-17 of January 6, 1978 as amended and the General Data Protection Regulations n ° 2016/679 of April 27, 2016, the PURCHASER has the right to access, rectification, opposition, erasure subject to legitimate reasons, portability of data concerning him as well as a right to "digital death". The PURCHASER can exercise these rights To exercise these rights, all you have to do is make a written request via the contact form under "Personal data / RGPD", accompanied by proof of identity.
KALYS may send promotional offers by post or email, in particular the e-newsletter, subject to the prior agreement given by the PURCHASER as part of the registration procedure.
To find out more about our personal data protection policy, we invite you to consult our personal data protection policy .
Article 4.9: Intellectual property
The SITE is a work of the mind protected by Intellectual Property Law. The SITE and each of its components (such as, in particular brands, logos, photographs, images, illustrations, texts, slogans, video.) Are the exclusive property of KALYS, the only one authorized to use the rights of intellectual property and rights. of the related personality.
No right of use can be attributed to any of the intellectual property rights appearing on the SITE. KALYS reserves the right to pursue any infringement of its intellectual property rights.
The reproduction of all documents published on the Site is only authorized for the exclusive purposes of information for strictly personal and private use. Any reproduction and / or full or partial representation, use, adaptation or modification, of the SITE or of any of its components on any medium whatsoever, and in any form whatsoever, for other purposes and particularly commercial is expressly prohibited.
Any reproduction and / or representation of the SITE or of any of the elements that compose it must be the subject of the express and prior authorization of KALYS. Any unauthorized use constitutes a penalized infringement.
The creation of hypertext links to the SITE can only be carried out with the prior written authorization of KALYS. KALYS declines all responsibility for the content, advertising, PRODUCTS or services available on or from sites linked to the SITE.
The brands mentioned on the SITE are registered and therefore protected trademarks and are the exclusive property of the KALYS group.
Article 4.10: Dispute
In the absence of a response within a reasonable timeframe by the Consumer Service to a written complaint from the PURCHASER or failing to reach an amicable agreement relating to a dispute between the PARTIES, the PURCHASER may request mediation free of charge within the conditions below.
In accordance with ordinance n ° 2015-1033 of August 20, 2015 and implementing decree n ° 2015-1382 of October 30, 2015, the PURCHASER may apply to the CMAP - Center de Médiation et d'Arbitrage de Paris to settle out of court through mediation any so-called consumer dispute or dispute, subject to article L612-2 of the consumer code.
Disputes for which the request is manifestly unfounded or abusive, or has been previously examined or is under examination by another mediator or by a court, or if the mediator's review cannot be reviewed by the mediator. '' THE BUYER has submitted his request to the mediator within a period exceeding one year from his written complaint to KALYS or if the dispute does not fall within the scope of the mediator, or finally if the consumer does not justify having attempted, as a preliminary, to resolve its dispute directly with KALYS by a written complaint according to the modalities provided, if applicable, in these General Conditions.
To submit his dispute to the mediator, the PURCHASER can (i) complete the form on the CMAP website: www.mediateur-conso.cmap.fr, or (ii) send his request by regular or registered mail to CMAP Médiation Consommation , 39 avenue Franklin D. Roosevelt, 75008 PARIS, or (iii) send an email to email@example.com. Regardless of the means used to enter the CMAP, its request must contain the following elements to be processed quickly:
His postal, email and telephone contact details as well as the full name and address of KALYS, a brief statement of the facts, and proof of the preliminary steps taken with KALYS.
Article 4.11: Applicable Law & Competent Jurisdiction
These general conditions of sale as well as the sales of KALYS PRODUCTS are subject to the application of French law.
In the absence of mediation, any dispute relating to the interpretation, execution or termination of the contract concluded between KALYS and the PURCHASER will be the exclusive jurisdiction of the French courts.
In addition to this, you need to know more about it.
In addition to this, you need to know more about it.