General Conditions of Sale
The Kam & Leon Company, registered in the Chambery Trade and Companies Register under SIRET number 97859230100011
The company can be contacted by email by clicking on the contact form accessible via the home page of the site. Kam & Leon offers A custom wallpaper product catalog to the customer's dimensions. The customer has all the information necessary to complete his order. The sale between the Customer and the Company will only be completed when the customer has accepted the General Conditions, at the time of validation of his basket, before proceeding to payment.
PREAMBLE
The Seller is the publisher of Products and Services intended for consumers, marketed through its websites (http://kametleon.fr). The list and description of the goods and services offered by the Company can be consulted on the aforementioned sites.
Purpose These General Terms and Conditions of Sale determine the rights and obligations of the parties in the context of the online sale of Products or Services offered by the Seller. Our general terms and conditions of sale have been developed from a free model that can be downloaded from the site - https://www.donneespersonnelles.fr/
General provisions
These General Terms and Conditions of Sale (GTC) govern the sales of Products or Services, made through the Company's websites, and are an integral part of the Contract between the Buyer and the Seller. They are fully enforceable against the Buyer who accepted them before placing an order. The Seller reserves the right to modify these terms and conditions at any time by publishing a new version on its website. The GTC applicable at that time are those in force on the date of payment (or the first payment in the case of multiple payments) of the order. These GTC can be viewed on the Company's website at the following address: https://kametleon.fr . The Company also ensures that their acceptance is clear and without reservation by setting up a checkbox and a validation click. The Customer declares to have read all of these General Conditions of Sale, and where applicable the Special Conditions of Sale related to a product or service, and to accept them without restriction or reservation. The Customer acknowledges that he has received the necessary advice and information to ensure that the offer is suitable for his needs. The Customer declares to be able to legally contract under French law or to validly represent the natural or legal person for whom he is committing. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Price
The prices of the products sold through the websites are indicated in Euros excluding taxes and precisely determined on the Product description pages. They are also indicated in Euros including all taxes (VAT + other possible taxes) on the product order page, and excluding specific shipping costs. For all products shipped outside the European Union and/or DOM-TOM, the price is calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These duties and sums are not the responsibility of the Seller. They will be the responsibility of the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore invites the buyer to inquire about these aspects with the corresponding local authorities. The Company reserves the right to modify its prices at any time for the future. The telecommunications costs necessary for accessing the Company's websites are the responsibility of the Customer. Also, where applicable, delivery costs.
Conclusion of the contract online
In accordance with the provisions of Article 1127-1 of the Civil Code, the Customer must follow a series of steps to conclude the contract electronically in order to be able to place his order:; Information on the essential characteristics of the Product; – Choice of the Product, if applicable, of its options - Indication of the Customer's essential contact details (identification, email, address, etc.); – Acceptance of these General Terms and Conditions of Sale – Verification of the elements of the order (double-click formality) and, if applicable, correction of errors. Before proceeding with his confirmation, the Buyer has the possibility to check the details of his order, its price, and to correct any errors, or cancel his order. Confirmation of the order will result in the formation of this contract. – Then, followed by instructions for payment, payment of the products, then delivery of the order. The Customer will receive confirmation by email of the payment of the order, as well as an acknowledgment of receipt of the order confirming it. He will receive a .pdf copy of these general terms and conditions of sale. During the ordering process, the customer will have the opportunity to identify any errors made in entering data and to correct them. The language proposed for the conclusion of the contract is French. The terms of the offer and the general terms and conditions of sale are sent by email to the buyer when ordering and archived on the Seller's website. Where applicable, the professional and commercial rules to which the author of the offer intends to submit can be consulted in the "additional rules" section of these General Terms and Conditions, which can be consulted on the Seller's website at the following address: https://kametleon.fr/. The archiving of communications, the order, the order details, as well as the invoices is carried out on a reliable and durable medium in order to constitute a faithful and durable copy in accordance with the provisions of Article 1360 of the Civil Code. This information can be produced as proof of the contract. For delivered products, delivery will be made to the address indicated by the Customer. For the purposes of proper execution of the order, the Customer undertakes to provide truthful identification details. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
Products and services
The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company's websites, as well as, where applicable, the method of use of the product. In accordance with Article L112-1 of the Consumer Code, the consumer is informed, by means of marking, labeling, display or by any other appropriate process, of the prices and specific conditions of sale and performance of the services before any conclusion of the sales contract. In all cases, the total amount owed by the Buyer is indicated on the order confirmation page. The sale price of the product is the one in force indicated on the day of the order, this does not include the shipping costs invoiced in addition. These possible costs are indicated to the Buyer during the sales process, and in any event at the time of confirmation of the order. The Seller reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order. When the products or services are not executed immediately, clear information is given on the product presentation page regarding the delivery dates of the products or services. The customer certifies having received a breakdown of the delivery costs as well as the terms of payment, delivery and execution of the contract, as well as detailed information relating to the identity of the seller, his postal, telephone and electronic contact details, and his activities in the context of this sale. The Seller undertakes to honor the Customer's order within the limit of available Product stocks only. Failing this, the Seller informs the Customer; if the order has been placed, and in the absence of agreement with the Customer on a new delivery date, the Seller reimburses the customer. The contractual information is presented in detail and in French. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The validity period of the offer of Products and their prices is specified on the Company's websites, as well as the minimum duration of the contracts offered when these relate to a continuous or periodic supply of products or services. Unless special conditions apply, the rights granted hereunder are granted only to the natural person who signed the order (or the person holding the email address provided).
Compliance
In accordance with Article L.411-1 of the French Consumer Code, the products and services offered for sale through these General Terms and Conditions comply with the requirements in force relating to the safety and health of people, the fairness of commercial transactions and consumer protection. Regardless of any commercial guarantee, the Seller remains liable for defects in conformity and hidden defects in the product. In accordance with Article L.217-4, the Seller delivers goods that comply with the contract and is liable for defects in conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been placed in his charge by the contract or has been carried out under his responsibility. In accordance with the legal provisions on conformity and hidden defects (Art. 1641 c. civ.), the Seller will refund or exchange defective products. Reimbursement can be requested in the following manner: by email to contact@kam-et-leon.fr (describe the reimbursement procedure, and how the product should be returned, and reimbursement of shipping costs if applicable).
Retention of title clause
The products remain the property of the Company until full payment of the price.
Delivery terms
The products are delivered to the delivery address that was indicated when ordering and within the timeframes indicated. These timeframes do not take into account the order preparation time. In the event of a delay in delivery, the Customer has the option of terminating the contract under the terms and conditions defined in Article L 138-2 of the Consumer Code. The Seller will then reimburse the product and the "outbound" costs under the conditions of Article L 138-3 of the Consumer Code. The Seller will provide a telephone contact point (cost of a local call from a landline) indicated in the order confirmation email in order to ensure the order is followed up. The Seller reminds that when the Customer takes physical possession of the products, the risks of loss or damage to the products are transferred to him. It is the Customer's responsibility to notify the carrier of any reservations about the product delivered.
Availability and presentation
In the event that an item is unavailable for a period exceeding 30 working days, you will be immediately notified of the expected delivery times and the order for this item may be cancelled upon simple request. The Customer may then request a credit for the amount of the item or a full refund and cancellation of the order.
Payment
Payment is due immediately upon ordering, including for pre-ordered products. The Customer may pay by credit card or bank check. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by credit card is carried out by our payment service provider. The information transmitted is encrypted according to the rules of the art and cannot be read during transport. Once the payment has been initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating his banking information during the sale, the Customer authorizes the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is indeed the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or if it is impossible to debit the card, the Sale is immediately terminated by operation of law and the order cancelled.
Withdrawal period
In accordance with the provisions of Article L 221-5 of the Consumer Code, the Buyer has the right to withdraw without giving any reason, within fourteen (14) days from the date of receipt of his order. The right of withdrawal can be exercised by contacting the Company in the following manner: by email at contact@kam-et-leon.fr. We inform Customers that in accordance with the provisions of Articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal cannot be exercised for customized or transformed products according to customer specifications, particularly when production of the product has already been launched (between 24 and 48 hours after order validation) . In the event of exercising the right of withdrawal within the aforementioned period, the price of the product(s) purchased and the shipping costs will be refunded, with the return costs remaining the responsibility of the Customer. Product returns must be made in their original condition and complete (packaging, accessories, instructions, etc.); if possible, they must be accompanied by a copy of the proof of purchase.
Guarantees
In accordance with the law, the Seller assumes the following guarantees: conformity and relating to hidden defects in the products. The Seller reimburses the buyer or exchanges apparently defective products. The refund request must be made as follows: by email to the following address contact@kam-et-leon.fr . The Seller reminds the consumer that: – has a guarantee against hidden defects in the thing sold within the meaning of article 1641 of the civil code and, in this case,
Complaints and mediation
If necessary, the Buyer may submit any complaint by contacting the company using the following contact details: contact@kam-et-leon.fr (. In accordance with the provisions of Articles L. 611-1 to L. 616-3 of the Consumer Code, the consumer is informed that he may have recourse to a consumer mediator under the conditions provided for in Title I of Book VI of the Consumer Code. In the event of failure of the complaint request to the Seller's customer service, or in the absence of a response within two months, the consumer may submit the dispute to a mediator who will attempt, in complete independence, to bring the parties together with a view to obtaining an amicable solution.
Termination of contract
The order may be cancelled by the buyer by registered letter with acknowledgement of receipt in the following cases: — delivery of a defective product In these cases, the buyer may demand reimbursement of the deposit paid.
Intellectual Property Rights
The brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these T&Cs. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Force majeure
The performance of the seller's obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent its performance. The seller shall notify the customer of the occurrence of such an event as soon as possible.
Nullity and modification of the contract
If one of the provisions of this contract were to be cancelled, this nullity would not entail the nullity of the other provisions which will remain in force between the parties. Any contractual modification is only valid after a written agreement signed by the parties.
Protection of personal data
In accordance with Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the Seller sets up a personal data processing operation for the purpose of selling and delivering products and services defined in this contract. The Buyer is informed of the following: - the identity and contact details of the data controller and, where applicable, the representative of the data controller: the Seller, as indicated at the top of these General Terms and Conditions; - the contact details of the data protection officer: the legal basis for the processing: contractual performance - the recipients or categories of recipients of the personal data, if any: the data controller, its marketing departments, the IT security departments, the department responsible for sales, delivery and ordering, the subcontractors involved in the delivery and sales operations and any authority legally authorised to access the personal data in question - no transfer outside the EU is planned - the data retention period: the duration of the commercial prescription - the data subject has the right to request from the data controller access to, rectification or erasure of personal data, or a limitation of the processing relating to the data subject, or the right to object to the processing and the right to data portability - The data subject has the right to lodge a complaint with a supervisory authority - the information requested when ordering is necessary for the establishment of the invoice (obligation legal) and the delivery of the goods ordered, without which the order cannot be placed. No automated decision or profiling is implemented through the ordering process.
Applicable law and clauses
All clauses contained in these general terms and conditions of sale, as well as all purchase and sale transactions referred to therein, shall be subject to French law. The invalidity of a contractual clause shall not entail the invalidity of these general terms and conditions of sale.
Consumer information
For the purpose of informing consumers, the provisions of the Civil Code and the Consumer Code are reproduced below: Article 1641 of the Civil Code: The seller is bound by the guarantee for hidden defects in the thing sold. Article 1648 of the Civil Code: . In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year following the date on which the seller can be discharged from apparent defects or lack of conformity. Article L. 217-4 of the Consumer Code: The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. Article L. 217-5 of the Consumer Code: The good complies with the contract: 1° If it is suitable for the use usually expected of a similar good and, where applicable: - if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model; - if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling; 2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. Article L. 217-12 of the Consumer Code Article L. 217-16 of the Consumer Code: When the buyer asks the seller, during the course of the commercial guarantee granted to him upon the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the request for intervention by the buyer or from the provision for repair of the good in question, if this provision is subsequent to the request for intervention.