Terms and conditions
These conditions are concluded between:
BOULI AUDIOVISUEL, ZA d'Hachimette BP 13, 68650 LAPOUTROIE France hereinafter referred to as "KDO JOUETS"
and people wishing to make a purchase through the website www. kdo-jouets.com hereinafter referred to as "the customer".
The parties agree that these conditions of sale, available on the day of purchase, exclusively govern their relationship. In this sense, by validating his order, the customer declares that he accepts without reservation all of these general conditions.
If a condition were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France. The KDO JOUETS company undertakes to comply with all the provisions of the Consumer Code relating to distance selling.
These conditions aim to define the terms of sale between KDO JOUETS and the customer, from ordering to after-sales services, including payment and delivery.
These conditions apply exclusively to non-commercial individuals.
the customer places his order exclusively online on our KDO JOUETS site from the online catalog.
The order can only be registered on the site if the customer has clearly identified himself by entering his email address and password which are strictly personal to him.
Any user of the site who does not have a customer account must follow a registration procedure, providing the requested information necessary for the creation of his account.
It is the customer's responsibility to provide exact data necessary for the proper processing of his order. In the event of an error, KDO JOUETS cannot be held responsible for any difficulties in processing the order (incorrect address, incorrect email, etc.).
Any lost or forgotten password must be reported to KDO JOUETS as soon as possible by contacting Customer Service using the contact form on the site.
Any order implies acceptance of the prices and description of the products available for sale. Any dispute on this point will occur within the framework of a possible exchange and the guarantees mentioned below.
The customer has the possibility of modifying his basket before the final validation, this last step formalizing the sales contract between KDO JOUETS and the customer. The automatic registration systems are considered as proof of the nature, content and date of the order.
KDO JOUETS undertakes to honor orders received on its website only within the limits of available stocks of products. If the product is not available, KDO JOUETS undertakes to inform the customer.
Any order finalized on the site will be confirmed to the customer by sending an email. In certain cases, in particular non-payment, incorrect address or other problem on the customer's account, KDO JOUETS reserves the right to block the customer's order until the problem is resolved, or even to cancel it.
For any questions relating to the follow-up of your order, please contact Customer Service using the contact form on the site.
Prices are quoted in euros all taxes included.
These prices are exclusive of the flat-rate contribution to processing costs (postage, packaging and preparation of the package according to the amounts in force).
Any change concerning VAT may be reflected in the prices of the products. Likewise, if one or more taxes or contributions, in particular environmental taxes, were to be created or modified, upwards or downwards, this change may be reflected in the selling price of the items on the KDO JOUETS site and sales documents. . However, the prices cannot be modified once the customer's order has been confirmed.
The prices indicated on the site are guaranteed for the duration of online publication and within the limits of available stocks.
The customer certifies that he has the necessary authorizations to use the payment method he has chosen.
The customer has the choice to pay for his purchases:
- online by Credit Card:
Carte Bleue, e-cartebleue, Visa, Mastercard.
The security of online payments by credit card is ensured by LA SOCIETE GENERALE. After validation of his order, the customer who has chosen to pay by card is automatically switched to a secure page, where he will be asked for the information relating to his payment card (card number, validity date and CCV code). As the transaction is carried out directly on the bank's server, KDO JOUETS is not aware of this information, which therefore remains completely confidential.
Packages can only be shipped in France, Monaco, DOM TOM and certain countries abroad. The customer must refer to the "Delivery" part of the "Information" area to learn about the shipping terms and costs.
If the customer lives outside the delivery areas specified above, he can send a request to Customer Service who will study the possibility of delivery to the country concerned.
The items are shipped to the delivery address specified by the customer when ordering. The sending of the order will be confirmed to the customer by email on the day of delivery of the package to the carrier. In order to optimize delivery, it is advisable to indicate an address at which your order can be received during working hours. If the package is not delivered directly, a notice of availability is issued by the carrier.
If the customer wishes two places of delivery, he will have to place two separate orders, with the associated delivery costs.
The carriers are held responsible in the event of loss or material damage caused to the package during transport or non-delivery, except for fault on the part of the sender or recipient and in the event of force majeure.
However, the recipient is required to check the condition of the package on delivery and to report transport damage on the delivery slip as well as to KDO JOUETS, within 10 days.
Items damaged during delivery must be returned to KDO JOUETS, only after having been reported to Customer Service, and after having made the necessary reservations on the carrier's delivery note (parcel sunk, holes, etc.). We draw your attention to the importance of this last point. Reimbursement of items damaged by the carrier can only be done if the customer has clearly mentioned his reservations on the transport voucher. The return costs will be reimbursed to the customer, on the basis of a shipment by Colissimo. KDO JOUETS will exchange the items or refund them as soon as possible, upon receipt of the return package.
RIGHT OF WITHDRAWAL / RETURN / EXCHANGE
All items can be exchanged or refunded except those marked to the contrary, for example items that have been personalized at the customer's request.
The request for exchange or refund must be made within 14 working days from the date of receipt of the package by the customer.
The customer must then inform KDO JOUETS, via the withdrawal form present in his customer area.
He will then be informed of the procedure to follow.
The products must be returned in their original packaging, complete and intact, and in perfect condition. Any damaged product, or whose original packaging has been damaged, cannot be the subject of a refund or an exchange.
The refund will be made without delay and at the latest within 14 days of the date of actual receipt of the return package.
The shipping costs (shipping and return costs) will be fully covered by KDO JOUETS.
All items are subject to a legal guarantee of conformity (L211 art 1 of the Consumer Code) and a guarantee against hidden defects (articles 1641 and following of the Civil Code) allowing the customer to return the defective delivered items.
-Article L211-4 of the Consumer Code
The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility.
-Article L211-5 of the Consumer Code
To comply with the contract, the good must:
1) Be suitable for the use usually expected of a similar good and, where applicable:
- correspond to the description given by the seller and have the qualities that the latter presented to the buyer in the form of a sample or model;
- present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2) Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
-Article L211-12 of the Consumer Code
Action resulting from lack of conformity lapses two years after delivery of the goods.
-Article 1641 Civil Code
The seller is bound by the warranty for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer has not acquired it, or has not acquired it. would have given a lower price, if he had known them.
-Article 1648 al 1st civil code
The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.
SIGNATURE AND PROOF
In all cases, the online supply of the credit card number and the final validation of the order will be worth proof of the entirety of the said order in accordance with the provisions of the law of March 13, 2000 and will be worth due to the sums incurred by the seizure. items listed on the order form.
This validation is worth signature and express acceptance of all operations carried out on the site. However, in the event of fraudulent use of his bank card, the customer is invited, as soon as this use is noted, to contact KDO JOUETS Customer Service.
KDO JOUETS has for all the stages of order taking as well as for the stages after the conclusion of the contract an obligation of result.
Thus KDO JOUETS undertakes to describe with the greatest accuracy the products sold on its website. On the other hand, the responsibility of KDO JOUETS could not be engaged in the event that the non-performance of its obligations would be attributable either to the unforeseeable and insurmountable fact of a third party to the contract or to a case of force majeure as defined by French case law. . Likewise, KDO JOUETS cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a breakdown in service, an external intrusion or the presence of computer viruses.
By indicating to KDO JOUETS, his email the customer can receive an order confirmation. Depending on the choice made when creating or modifying their account, the customer may receive offers from KDO JOUETS.
It is our responsibility to ensure that the personal data available to us are correct and up to date and that is why, in accordance with article 32 of law n ° 2004-801 of August 6, 2004 relating to the protection natural persons with regard to the processing of personal data and amending law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms, the customer has a right of access, modification and deletion of information concerning him, to be exercised at any time with KDO JOUETS directly on the website in "My account / Personal details".
The customer is informed that this automated processing of information, in particular the management of email addresses, has been declared to the CNIL under number 1444216 on July 22, 2010.
KDO JOUETS implements all means to ensure the confidentiality and security of data transmitted over the web.
All elements of the KDO JOUETS site, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents.
Thus, none of the documents from the KDO JOUETS site may be copied, reproduced, republished, downloaded, posted, transmitted or distributed in any way whatsoever, except under the following conditions: it is possible to download a copy of the documents on a computer for your personal use and only for non-commercial purposes, provided that you do not modify the information and that you keep intact all copyrights and other proprietary notices. The modification of these documents or their use for another purpose constitutes an infringement of the intellectual property rights of KDO JOUETS.
The customer who has a personal website and who wishes to place, for personal use, on his site a simple link directing to the homepage of the KDO JOUETS site, must request authorization from KDO JOUETS. It will not in any case be an implicit affiliation agreement.
However, any hypertext link referring to the KDO JOUETS site and using the framing or in-line linking technique is strictly prohibited.
In all cases, any link must be removed upon request from KDO JOUETS.
The brands, logos, designs and models appearing on this site are the exclusive property of KDO JOUETS. Their disclosure can in no way be interpreted as granting any license or right to use any of the said trademarks and distinctive elements protected by copyright. They cannot therefore be used under penalty of counterfeiting.
In the event that one of the clauses of this contract is null and void by a change in legislation, regulation or by a court decision, this can in no way affect the validity and compliance with these general conditions of sale.
These conditions apply throughout the duration of the online services offered by KDO JOUETS.
PROOF, CONSERVATION AND ARCHIVING OF TRANSACTIONS
The computerized registers, kept in the computer systems of KDO JOUETS under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties.
The archiving of purchase orders and invoices is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy in accordance with article 1348 of the civil code.
APPLICABLE LAW AND JURISDICTION
These conditions are subject to French law. The competent court in the event of a dispute will be that of the place of domicile of the defendant or, at the choice of the plaintiff, of the place of actual delivery of the product.
This site complies with French legislation, and in no case does KDO JOUETS give any guarantee of conformity with the local legislation which would be applicable to you, as soon as you access the site from other countries.
The items sold on KDO JOUETS comply with the standards and legislation in force in France. It is the customer's responsibility to verify, under his sole responsibility, that these products can be imported and used in another country of destination.
The consumer is entitled to first resort to mediation in the event of disputes, in accordance with article L.616-1 of the consumer code. The competent service is the COOPERATIVE AND ASSOCIATED TRADE MEDIATOR. Recourse to the mediator by the client is carried out by sending a file addressed to the mediator:
By post: to the Cooperative Trade Mediator and Partner
77 rue de Lourmel
Or directly online on the site: http://www.mcca-mediation.fr/recours-au-mediateur