The present general terms and conditions (hereinafter Terms and Conditions) regulate the relationship between the Customer (hereinafter the Customer) and KIDSLOVEDESIGN (hereinafter referred to as Parties) for the purchase of the products (hereinafter Products) proposed in the e-shop http://www.kidslovedesign.com/
The Customer is requested to read carefully the general terms and conditions. A copy of the following Terms and Conditions will be sent by KIDSLOVEDESIGN to the Customer upon request.
1. CONTRACTUAL DOCUMENTS
This Agreement is made up of the following documents, in decreasing hierarchical legal value:
- these General Terms of Sale
- the order form
The photographs of the products on the Site are not contractual. KIDSLOVEDESIGN shall not be liable in case of errors or alterations resulting from the processing of these photographs.
2. PRODUCT AVAILABILITY
All the Products available on the Site www.kidslovedesign.com are subject to the availability at the time of the order.
KIDSLOVEDESIGN reserves the right to vary at any time the quantity and/or the type of products that may be purchased on the Site.
The Customer will be informed if the Product requested is not available.
All prices on the Site are stated in Euro. The amounts indicated in any other currency are only indicative. The exact amount will be calculated in accordance with the current rate of the currency at the time of the payment. The purchaser is guaranteed the price posted on the Site at the time of purchase. The price fixed at the time of purchase is firm and does not include the shipping costs which are extra. Said costs will be indicated in the confirmation of the order.
For a delivery within the European Union, prices include any VAT and applicable taxes. The prices are not comprehensive of the shipping and delivery charges. Any variation of the VAT applicable rate may affect the sale price of the products of the catalog.
In the event of delivery outside the EU, the customer will have to pay for customs duties or VAT or any other taxes due to the import of products in the country of delivery. The customer is also solely responsible for the formalities related thereto unless otherwise specified. The customer is solely responsible for checking whether the products ordered can be imported under domestic law in the country of delivery.
The prices shall vary at any time, especially in case of special offer, promotions or any other marketing efforts.
KIDSLOVEDESIGN uses its best endeavor to ensure that all pricing information on the Site is accurate, but cannot guarantee the absolute absence of error. If an error in the price of a Product shall occur, KIDSLOVEDESIGN will allow the Customer the option to confirm the purchase of the Product at the correct price or to cancel the order. If KIDSLOVEDESIGN is unable to contact the customer the order will be treated as cancelled.
4. ORDERING A PRODUCT
The details and the price of the Product are detailed in the product's description.
To purchase the chosen Product the Customer shall complete, following the instruction indicated on the Site, and send to KIDSLOVEDESIGN, the online purchase form. The Customer shall add the Product to the "shopping bag" and, after having reviewed and accepted the shipping expenses and the Terms and Conditions, he/she shall choose the manner in which he/she wishes to pay and proceed to the option "purchase/buy".
Shall the Customer need to amend or modify the data inserted in the order placed, the Customer shall follow the proper procedure for the amending of the order as indicated in the Site before submitting the order. Moreover, the Customer may amend or modify the number of Products he/she wishes to purchase, adding or deleting one or more Products from the shopping bag.
5. PURCHASE AGREEMENT
The purchase agreement entered by and between KIDSLOVEDESIGN and the Customer shall be considered completed and duly entered by the Parties at the time in which the order is duly submitted by the Customer - in accordance with the purchase procedure indicated on the Site and after that KIDSLOVEDESIGN has received the authorization from the credit card issuer that the payment is accepted or after receiving the payment when using PayPal or bank transfer.
The order submitted by the Customer shall be binding for KIDSLOVEDESIGN only if the entire purchase procedure has been duly and correctly completed without any error or traced by the Site. KIDSLOVEDESIGN is not responsible for any eventual errors caused by the technical malfunctioning of the Customer's internet connection service.
KIDSLOVEDESIGN reserves its right not to confirm the order for any reason whatsoever, for any problem of products procurement or any problem concerning the received order.
By submitting the order to KIDSLOVEDESIGN, the Customer acknowledges and states that he/she has reviewed and accepted all the indications provided in the purchasing procedure and he/she entirely accepts the present Terms and Conditions.
The online order form will be stored in the Sites database for the time necessary for the fulfillment of the order.
KIDSLOVEDESIGN will send to the Customer an e-mail confirming the receipt of the order placed. The Customer shall immediately verify the content of the e-mail and shall notify immediately KIDSLOVEDESIGN of any error or other mistake.
The price is payable upon placement of the order. The customer undertakes to pay the total price of the products (price of products and shipping costs) as stipulated on the Site and also to pay for, or have someone pay for the customs duties, the VAT or any other taxes due to the import of products in the country of delivery, directly to the forwarding or customs agent.
The customer shall pay for his order:
- By credit card as proposed on the Site
- By PayPal
- Or by bank transfer
When approving the order form, the customer warrants KIDSLOVDESIGN that he has all authority needed to use such a method of payment.
7. NON-PAYMENT - RETENTION OF TITLE
Title to the ordered products shall pass to KIDSLOVEDESIGN upon full and definitive payment.
KIDSLOVEDESIGN reserves its right to claim the return of the ordered products in case of non-payment. Under those circumstances, and upon KIDSLOVEDESIGN's request, the customer shall return any product for which the payment has not occurred. The customer shall pay for any costs in connection therewith.
8. TRANSFER OF RISKS
The transfer of risks to the client takes place once the products are handed to the carrier.
The risk of loss or damage of the goods is transferred to the client once the latter or a third party designated by him and other than the carrier selected by the professional, takes possession of the goods.
If the client entrusts the delivery to another carrier than the one suggested by the professional, the risk of loss or damage of the goods is transferred to the client once the package is handed over to the carrier.
Risks of loss shall pass to the customer upon delivery of the product to the carrier. Products transportation are at the customer's own risk, even if they are shipped or returned carriage free.
During the withdrawal period mentioned hereunder (14 days), the customer, as custodian, shall be liable for the product. If the product is damaged or destroyed during the customer's custody, this latter will bear all the consequences thereof.
9. SHIPPING AND DELIVERY
Products are delivered to the address indicated by the customer in the order form. Delivery cannot be made to P.O. Boxes or BFPO addresses and these orders will not be processed.
For each order completed on Site, KIDSLOVEDESIGN will issue an invoice for the shipped Products, sending it via e-mail or with the order to the Customer. Once the invoice has been issued no modification of the same will be possible.
Shipping costs are at the client's charge, and depend on the weight and volume of the order, the delivery address and the transport company. In order for the Customers to benefit from the most economical shipping costs, KIDSLOVEDESIGN applies a fixed price which depends on the weight, the volume and the destination, and support any potential extra costs. Shipping costs are in any case indicated to the client before he/she confirms the order, except for some destinations and categories as mentioned in the "deliveries and costs" of the Site.
If the delivery fees shall vary after kidslovedesign has received an offer from the transport company, KIDSLOVEDESIGN reserves its right to ask the client to pay extra shipping charges. The Client will have the choice to confirm or cancel his/her order. In case the Client decides to cancel the order, KIDSLOVEDESIGN will reimburse the total amount paid for the order.
Shipping costs can be temporally paid by KIDSLOVEDESIGN in case of special offers, on some part products or the entire assortment. Shipping costs are clearly detailed in the section « delivery and shipping costs » of the website www.kidslovedesign.com.
For products which are in KIDSLOVEDESIGN's stocks, the orders placed in day J-1 and day J before 10 A.M, will be sent the same day, from Monday to Friday, except in case of bank holidays. The orders placed after 10 A.M will be sent the next day, from Monday to Friday, except in case of bank holidays.
For products which are ordered directly from the supplier, the approximate delivery period is given as a rough guide and depends on the supplier's stock. Should the delay vary after placing an order, KIDSLOVEDESIGN will inform the Customer as soon as possible, and he/she will have the choice to pursue or to cancel the order. If the Customer decides to cancel the order, he/she will inform KIDSLOVEDESIGN by written note (e-mail, fax or post mail); KIDSLOVEDESIGN shall refund the Customer as quickly as possible and in any case within thirty (30) days after receiving the notification of cancellation.
If the product ordered is not available or is out of stock, KIDSLOVEDESIGN undertakes to inform the customer as soon as possible and to indicate a replenishment time.
The customer may, at its option, wait for the availability of the product or obtain a refund. And shall inform KIDSLOVEDESIGN by written.
Deliveries are made at the doorstep of your house, or at the doorstep of the building if the customer leaves in an apartment.
Delivery shall be deemed to have been made when the products are delivered to the client.
The delivery note given by the carrier, dated and signed by the customer upon delivery will constitute evidence about transport and delivery.
The customer shall check the content, the conformity and the condition of the product(s) on delivery thereof.
In the event of apparent defect or damage during the shipping of the products, the client will have to contact KIDSLOVEDESIGN to able to preserve the rights of KIDSLOVEDESIGN towards the carrier and in case the product is still in the customer’s possession, initiate the return procedure. The client will have to give a detailed report of the damages or apparent defects by mail at email@example.com upon receipt of the order.
Delivery default: the repayment term for a delivery default is of 14 days starting from the order cancellation by the client in case the delivery period of 30 days is not respected and after a new shipping request has been made by the client.
10. FORCE MAJEURE
It is expressly understood that are considered as cases of force majeure, in addition to those which are usually retained by the law:
- total or partial strikes, interruption of transport facilities or of procurement for any reason whatsoever, legal or governmental restrictions, computer breakdown, interruption of telecommunications including communication networks and especially internet.
Should a case of force majeure occur, the fulfillment of the order will in a first step be suspended.
If after a three (3) months period, the parties ascertain the continuance of said case of force majeure, the order will be automatically cancelled, unless otherwise agreed by both parties.
11. COLLECTION OF THE GOODS IN THE EVENT OF THE CUSTOMER'S ABSENCE
In the event of the customer's absence at the time of the delivery, the carrier will leave a delivery notice at the delivery address given by the customer. The products shall be collected at the address indicated by the carrier and according to the carrier's instructions.
If after the period indicated by the carrier, the customer has not collected the products, the products will be returned to KIDSLOVEDESIGN which reserves its right to refund to the customer the price of the products, the postage costs remaining payable by the customer.
Legal claims and requests must be sent to Customer Service to firstname.lastname@example.org or to our postal address : KIDSLOVEDESIGN, 114 rue Fontaine, F-01220 Divonne-les-Bains, France.
Any lack of conformity that may appear within the 24 months following delivery are presumed to have existed at the time of delivery. The client is requested to inform KIDS LOVE DESIGN upon discovery of lack of conformity. The client must preserve the packaging and the delivery slip.
In case of an error, the customers undertake to return said product within seven (7) days from its receipt provided that the product is returned to KIDSLOVEDESIGN, without opening the packaging, in its original condition and packaging, together with all the associated documents.
Once KIDSLOVEDESIGN has received the product in due form, it will, at its expenses, send the product initially ordered by the customer
13. RETURN POLICY
If the product is faulty, KIDSLOVEDESIGN will cover any reasonable return postage costs on presentation of a supporting document. KIDSLOVEDESIGN will not be held responsible for the refund or the compensation of those Products that have been lost, stolen or damaged.
The client has a right of withdrawal. The right of withdrawal is of 14 days starting from the day after receipt of the goods. When the deadline ends on a Saturday, Sunday or a bank holiday, it is postponed to the next business day. The good/s are then refunded within 14 days after recovery. The shipping cost paid at the moment of the initial order and the goods are refunded. The refund will be made with the payment method initially used except if there is an agreement to use another payment method that does not entail any additional costs.
The client is responsible for all the fees related to return shipment.
If the product is faulty, KIDSLOVEDESIGN will cover any reasonable return postage costs on presentation of a supporting document.
KIDSLOVEDESIGN will not be held responsible for the refund or the compensation of those Products that have been lost, stolen or damaged.
Shall the Customer decide to modify or delete the submitted order, the Customer shall promptly send an e-mail at the following address: email@example.com.
KIDSLOVEDESIGN will use its best endeavors to satisfy the Customer. However, once the product has been sent, the order may no longer be modified nor deleted until the Products have been duly returned to KIDSLOVEDESIGN. To this extent please refer to the prevision of the above paragraph.
The client has 2 years, from the delivery date, to benefit from the legal warranty.
The client can choose between repair or replacement of the goods unless this choice implies a disproportionate cost compared to the other option, regarding the value of the good or the significance of the defect.
Lack of conformity: the client is required to prove the lack of conformity within the 24 months following delivery.
To comply with the contract, the good has to:
- Be appropriate for the use generally intended of a similar item and if so:
• Comply with the description given by the seller and possess the qualities of the goods which the seller has held out to the consumer as a sample or model;
• Have the qualities that a purchaser might legitimately expect in view of public statements made by the seller, the producer or his/her representative in advertising or labelling;
-Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.
The client can enforce his/her guarantee rights against the latent defects of the product sold (article 1641 of the French Civil Code) and choose between a reasonable reduction in price or rescission of the contract.
16. PERSONNAL INFORMATION
The personal information requested from and related to the customer is essential to process and ship his order, to issue invoices and to draft warranty agreements, as the case may be. This information may be provided to the suppliers of KIDSLOVEDESIGN.
The customer may object to such disclosure, and exercise its right of access, correction and deletion of the information related to him by writing to KIDSLOVEDESIGN's Customer service.
The files are reported to the CNIL under the number 2050188.
17. ERRORS AND MISTAKES
KIDSLOVEDESIGN uses its best endeavors in order to keep the information on the Site constantly updated. However, it is not possible to guarantee the complete absence of errors on the Site. The Site might carry typing errors, inaccuracies some of which may refer to the price of the Product, to the product availability and/or to the details of the Products.
KIDSLOVEDESIGN reserves the right to amend the errors and inaccuracies also after that the order has been submitted and furthermore reserves the right amend or modify the information on the Site at any time without prior communication.
18. ELECTRONIC SIGNATURE
The "approval click" constitutes an electronic signature. Between the parties. This electronic signature has the same legal value as a handwritten signature.
19. INTELLECTUAL PROPERTY
KIDSLOVEDESIGN owns the intellectual property right upon the Site and the right to display the elements of the catalog, in particular the photographs for which it has obtained the necessary authorizations from the concerned persons.
Consequently, total or partial reproduction of the elements contained in the Site or the catalog on any medium whatsoever, the use of such elements and the fact to make them available to third parties are strictly prohibited.
20. ENTIRE AGREEMENT
These General Terms and conditions represent all obligations of the parties. No other general or special terms and conditions communicated by the customer shall neither be included in, nor depart from these General Terms.
Any one or more failure by KIDSLOVEDESIGN to enforce any provision of this Agreement or to exercise any right shall in no way constitute a waiver of such right or remedy on any future occasion.
Should one or several clauses of these General Terms be considered as being non-valid or is declared to be so in accordance with an act, a rule or pursuant to definitive ruling of a competent court, the remaining clauses will remain valid.
The client has the possibility to have recourse to a conventional mediation procedure or any other alternative dispute settlement.
This Agreement is governed by the French law for both the substantive and procedural rules.
Contacts: for any further information and assistance on the Site and or on the online purchases please contact the Customer Service at the following e-mail address: firstname.lastname@example.org
Or at the following mailing address: KIDSLOVEDESIGN, 114 rue Fontaine, 01220 Divonne-les-Bains