LEGAL NOTICES AND CONDITIONS OF SALE
- The website www. kyufi. fr was published by ORIENTEA FRANCE SAS, a simplified joint-stock company with a capital of €2, registered with the Paris RCS under number 850 137 589 and whose head office is located at 10, rue Penthièvre 75008 Paris.
Intra-community VAT number: FR 24850137589
Telephone number: 01 82 83 00 38
Director of publication: Tarek Talbi
Contact: ventes@kyufi. en
Site hosted by OVH Hosting
Description: OVH SARL is a subsidiary of OVH Groupe SAS, a company registered with the Lille RCS under number 537 407 926 located at 2, rue Kellermann, 59100 Roubaix.
Capital: OVH SARL, a company with a capital of 75,000 DT MF: 1111538F/A/M/000 RC: B24122392009 Postal address: Immeuble Al Karama Holding, 1st floor, rue du Lac d'Annecy-Passage du Lac Malawi, the shores of Lake 1053 Tunis.
Sales and Technical Support: +216 71 966 044 Fax: +216 71 861 623
Email: support-tn@ovh. com
ORIENTEA France SAS, a simplified joint-stock company with a capital of €2, registered with the RCS of Paris under number 850 137 589 and whose head office is located at 10, rue Penthièvre 75008 Paris, markets directly and indirectly from KYUFI branded Products.
These general conditions of sale and use (hereinafter referred to as "the General Conditions of Sale and Use"), enacted below exclusively govern the sale by ORIENTEA FRANCE of our products on the Site, by therefore you must read it before using the Site.
Any access or use of the Site implies compliance with and implies full, complete and unreserved acceptance of all the General Conditions of Sale and Use. In the event that you do not wish to accept all or part of these, you are asked to renounce all use of the Site.
ORIENTEA FRANCE reserves the right to modify the terms, conditions and notices of the General Conditions of Sale and Use and legal notices at any time. These modifications are deemed to be accepted without reservation as soon as you access the Site, after this posting.
The fact for ORIENTEA FRANCE not to avail itself at a given moment of any of the clauses of the General Conditions of Sale and Use, can in no way be interpreted as a waiver to avail itself later of the any of the said clauses.
You acknowledge that these General Conditions of Sale and Use constitute a complete and exclusive agreement between you and ORIENTEA FRANCE with regard to your use of the Site.
GENERAL CONDITIONS OF SALE
The General Conditions of Sale and Use apply to all orders placed on the Site, regardless of the clauses that may appear on the buyer's documents.
When a case is not dealt with herein, the distance selling rules of the place of ORIENTEA FRANCE's headquarters apply.
ORIENTEA FRANCE's offers on the Site are intended solely for individuals. ORIENTEA FRANCE reserves the right to refuse the benefit of its offers to any professional reseller and to cancel at any time, from the date of the order and for a period of twelve (12) months following the scheduled date of delivery. , any order placed by a professional.
Any product available on the Site (hereinafter referred to as the “Product(s)”) as well as any sample are intended solely for personal use. You therefore agree not to sell or resell the ORIENTEA FRANCE Products and samples that you purchase or receive.
ORIENTEA FRANCE reserves the right to cancel, limit or reduce the quantity of any order that may be made in violation of the General Conditions of Sale and Use.
- Orders and validity of offers
1. 1 Order procedure
A detailed description of the Products is available when individually viewing each of them on the Site.
The system thus set up presupposes an active approach on your part. It complies with the legal requirements for online sales and consumer protection.
To order the desired Products, you must go to the "Catalog" tab and select the product(s) you are interested in. Then, you select the desired quantity of the product and click "add to cart". The product will then be added to the basket.
Once the basket is completed, you can click on the basket at the top right of the site to access the next step. At this time, you will be able to click on "proceed to payment" at the bottom right of the page.
If you have not yet created a customer account:
In the next step, you will be required to fill in the information on the left page:
- Your email in the "contact details" section
- Your delivery address
On the right side, you will also be offered to enter a promotional code if you have one.
- If you already have a customer account:
If you are not yet connected to your customer account, you can access your account directly by clicking on "account", allowing you to enter your identifiers (email address and password) then click on the “Connection” button.
Your address(es) will be displayed. If you want to update any of them, click "edit" at the bottom of this address. You can also choose to designate this address as the default. To do this, simply click on "Set as default address". In case you want to add a new address, click "Add New Address".
Then, you can proceed with the order by going to the catalog, then selecting the desired products and quantities. Then will appear on the next page your shipping details pre-filled with the information indicated on your account.
After adding a promotional code if you have one, you can click "continue to shipping".
Choose your "shipping method", then continue by clicking "continue to payment".
If you forget one of the previous elements, your order will not be valid.
You will no longer be able to modify or cancel your order once it has been validated by our services and you have received the email confirming your order.
1. 2 Command acceptance
ORIENTEA FRANCE undertakes to accept orders placed on the Site, within the limits of available stocks, under the terms hereof which you must declare to have read and accepted when you validate the order.
In accordance with articles L. 111-1 and following and L. 121-17 of the Consumer Code , you acknowledge having been able, before the conclusion of the contract, to know the essential characteristics of the Products (nature, quantity, substantial qualities, etc.), their price, the methods of payment accepted , the delivery time and restrictions, the time limit, the conditions and procedures for exercising the right of withdrawal as well as the cases of exclusions from the exercise of this right (for more information on the exercise of this right see article 6 below).
Before the conclusion of the sales contract, you will see on your screen an order form detailing your entire order at the price including all taxes (excluding delivery costs and any additional taxes / customs duties) that you can modify or cancel. To allow the validation of this order form, it is necessary on the one hand to recognize that the placing of your order entails the obligation to pay it in full and on the other hand to read and expressly accept the General Conditions of Sale and Use.
The fact that you complete the order form on the Site, pay for your order and confirm it constitutes full acceptance of these General Terms and Conditions of Sale and Use. The latter will be the only ones applicable to the contract thus concluded.
For any purchase on our Site, a confirmation e-mail will be sent to you mentioning the number of your order, the details of the Products ordered as well as the information enabling you to follow the preparation and delivery of the Products.
1. 3 Limitations
In the event of a stock shortage, ORIENTEA FRANCE undertakes to notify you by post to the email address you provided, as soon as possible. ORIENTEA FRANCE will then offer you a refund of the amount of the Product out of stock via the payment method used when placing your order. ORIENTEA FRANCE may also inform you of the supply times necessary to obtain the desired Product or will offer you a replacement Product of equivalent value.
ORIENTEA FRANCE is not able to manage backorders: if a Product is out of stock without a specific restocking period, ORIENTEA FRANCE will offer you a refund for the Product ordered, via the payment method used when of your order.
Any order will only be considered after receipt of full payment for the Products and will be confirmed by ORIENTEA FRANCE by e-mail.
ORIENTEA FRANCE reserves the right to cancel all orders that are non-compliant, suspicious, or placed in bad faith as well as to refuse any order from a customer with whom there is any prior or ongoing dispute. .
The prices displayed are expressed in Euros, all taxes included (VAT and all other taxes according to the rates applicable in mainland France and in force at the time of the order).
These are net prices which include the price of the Products, handling, packaging and storage costs. The prices are valid on the date of validation of the order. These can be modified later, without notice. They do not include participation in shipping and delivery costs which may vary depending on the amount, the weight of the order and/or the country of delivery which are indicated before the validation of the order by the buyer.
The price indicated in the order confirmation is the final price.
If one or more taxes or contributions, in particular environmental, were to be created or modified, upwards or downwards, this change may be passed on to the selling price of the Products.
Any order delivered outside mainland France (including Corsica) may be subject to any additional local taxes and/or customs fees, not included in the price of the Products or in the order confirmation. , and remaining at the full expense and expense of the buyer, whose payment remains under his sole responsibility. Indeed, any customs charges may be requested by the carrier at the time of delivery.
Under no circumstances will ORIENTEA FRANCE be required to bear additional costs related to the delivery of the order, excluding transport charges, described and invoiced when placing your order on the Site.
- Terms of payment
Payment for Products purchased on the Site is made in full when ordering. The Products remain the property of ORIENTEA FRANCE until full payment of the order.
Payments are made by bank card (Master Card, Visa, American Express).
Your bank card will be debited when your order is confirmed.
The buyer guarantees to ORIENTEA FRANCE that he has the necessary authorizations to use the method of payment he has chosen.
To this end, you guarantee that you are the holder of the bank card to be debited and that the name appearing on it is indeed yours.
ORIENTEA FRANCE reserves the right to suspend any order management or any delivery in the event of non-payment or payment incident (wrong bank details, lack of funds in the customer's account, etc. ).
A paid invoice containing the various elements of the order will be sent by email.
- Securing payments
The payment security protocol used is STRIPE. It guarantees total confidentiality of personal information transmitted over the Internet. Thus, the information relating to your bank card is not kept on the Site and your payment can only be consulted in encrypted form using the SSL PCI-DSS protocol (confirmed by the appearance of "https" in the displayed URL of your browser), PCI-DSS Level 1 payment provider.
Your bank details are kept on the servers of the company STRIPE in encrypted form only for the duration strictly necessary for the management of the customer relationship, which cannot in any case exceed three (3) years from your last order.
In accordance with the Data Protection Act of January 6, 1978, you have, at any time, a right of access, rectification, and opposition to all of your personal data by proving your identity in accordance with in article 11 below.
ORIENTEA FRANCE guarantees that the Products have been subject to all the care necessary to ensure their conformity with the description which appears on the Site on the date of the order.
ORIENTEA FRANCE delivers to several countries. For the list of delivery countries and for more details, please send an email to ventes@kyufi. en
No delivery can be made to a country not on this list, or to post office boxes. If this were the case, the order cannot be taken into consideration.
The Products are delivered within an average of four (4) working days, including the time for preparing the order, in Metropolitan France. It is specified that orders placed on the Site on Friday afternoon, Saturday or Sunday will only be processed the following Monday. In addition, orders placed on the Site on a public holiday will also only be processed the following business day.
Finally, in the event of exceptional operations (eg private sales, sales, etc.) organized by ORIENTEA FRANCE or by a third-party partner on the Site, the Products will be delivered within an average of six (6) working days in Metropolitan France (including Corsica).
The price of deliveries is as follows:
For any order delivered in metropolitan France (including Corsica) and less than €20 (twenty euros) of purchase:
> €5 (four euros and fifty cents) for delivery by Colissimo without signature or to a relay point.
For any order delivered in mainland France (including Corsica) for purchases over €20 (twenty euros):
> postage offered by Collissimo without signature and at a pick-up point.
For any order delivered in the European Union for less than €30 (thirty euros) of purchase:
> €5 (one euro fifty cents) for delivery by Colissimo without signature.
For any order delivered in the European Union ranging from €30 and more (thirty euros) of purchase:
> free shipping in Collissimo without signature and at a relay point.
The order is delivered to the delivery address you chose and provided when placing your order. You have the option of entering a delivery address different from your billing address. The information set out and recorded when ordering is binding on you. In the event of an error in the wording of the recipient's contact details, ORIENTEA FRANCE cannot be held responsible for the impossibility of delivering the Product(s) following this error and, in this case, ORIENTEA FRANCE will not be able to make a second delivery.
The Products travel at the risk and peril of ORIENTEA FRANCE. The risks are transferred to the customer only at the time of delivery of the Products to the address indicated by the latter.
ORIENTEA FRANCE guarantees that the Products are in perfect condition when handed over to the carrier. In the event that the Products are damaged, the customer's reservations must be made in writing to the carrier upon delivery, or at the latest within four (4) hours after this delivery. A copy of these reservations must then be sent to ORIENTEA FRANCE by e-mail to ventes@kyufi. en
If the above procedure has been followed, and if it is thus proven that the reservations are due to the fact that the package and/or the Products are damaged, ORIENTEA FRANCE may, at its sole discretion, either establish a credit note, or reimburse the customer for the price paid, or make a new delivery of similar Products.
No return of Products not previously validated by ORIENTEA FRANCE will be accepted.
- Right of withdrawal
In application of the provisions of articles L. 121-21 and following of the Consumer Code, you have a right of withdrawal which you can exercise within a maximum period of fourteen (14) clear days from receipt of the Products concerned or receipt of the last Product from your order if it was delivered in several installments, without having to justify the reason. When the fourteen (14) day period expires on a Saturday, Sunday or a public holiday or non-working day, it is extended until the next working day.
To exercise your right of withdrawal, please send a letter to:
10, rue Penthièvre
or at the following e-mail address: ventes@kyufi. en
Upon receipt of your request, Customer Service will contact you using the contact details provided in the Form in order to organize the procedures for returning the Products subject to the withdrawal.
Packages should be returned to the following address:
6, Handicraft Street
49130 Ste Gemmes sur Loire
The Products cannot be returned to the store and the return costs remain the responsibility of the customer.
The refund (delivery costs included - in accordance with articles L. 221-24 et seq. of the Consumer Code) will take place within fourteen (14) days from the date on which ORIENTEA FRANCE is informed of your decision to withdraw and at the latest on the day of the effective recovery of the Products or the day on which you provide a proof of shipment of the Products, the date retained being that of the first of these events. It will be made via the payment method used during the purchase.
Reimbursement can only take place if the retraction and dispatch of the Products have been carried out within the period and under the conditions referred to above and that the Products are returned in perfect condition, in their original packaging, accompanied by all possible accessories, instructions for use and documentation.
Products unsealed and/or inseparably mixed with other Products, Products made to customer specifications or clearly personalized and Products liable to deteriorate or expire rapidly will not be reimbursed, in accordance with the article 221-28 of the Consumer Code.
Only the customer is able to exercise this right of withdrawal. In the event that the delivery has been made to a person other than the customer, this right cannot be exercised by the said recipient of the order concerned.
When an order has been placed with a promotional code offering a discount linked to the simultaneous purchase of a predetermined number of items, the return of one or more item(s) may have the effect of terminating to the discount when the number of articles necessary for the application of the discount is no longer reached. The refund made will then take into account the fact that the discount is no longer applicable.
- Compliance - warranty against hidden defects
The Products are subject to the conditions of the legal guarantees provided for in Articles L. 211-4 to L. 211-16 of the Consumer Code. Thus, in accordance with article L. 211-4 of the Consumer Code, ORIENTEA FRANCE is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. ORIENTEA FRANCE is also liable for lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to it by the contract or has been carried out under its responsibility.
In application of article L. 211-5 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 possess the qualities that he has 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 present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted.
However, the customer is solely responsible for the choice of Products and their conservation and use from the time of delivery. Under no circumstances can ORIENTEA FRANCE guarantee that the order meets the specific expectations of the customer.
Warranty against hidden defects
Pursuant to the provisions of articles 1641 and following of the Civil Code, ORIENTEA FRANCE is bound by the guarantee against hidden defects, i.e. "hidden defects of the thing which make it unsuitable for the use for which it is intended for, or which so diminish this use that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known of them”.
In the event of an action under the legal guarantee of conformity:
In the event of non-compliant delivery, you have up to twenty-four (24) months after the date of delivery of the Products to act. In addition, you are exempted from providing proof of the existence of the lack of conformity during the six (6) months following the delivery of the Products.
In the event of a lack of conformity, you can choose between the repair and the replacement of the good. However, the seller may not proceed according to the choice of the buyer if this choice entails a manifestly disproportionate cost with regard to the other method, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer.
In the event of implementation of the guarantee against latent defects:
In accordance with article 1644 of the Civil Code, you have the choice of returning the item and having the price refunded or keep the thing and have you return part of the price, as it will be arbitrated by experts.
The action resulting from redhibitory defects must be brought by the buyer within two (2) years from the discovery of the defect, in accordance with article 1648 of the Civil Code.
- Retention of title
In accordance with the law of May 12, 1980, the Products delivered to you are sold subject to retention of title. The transfer of ownership is subject to full payment of the price of the Products, on the due date agreed between the parties. The Products therefore remain the property of ORIENTEA FRANCE until full payment of the orders.
ORIENTEA FRANCE undertakes to provide all the care necessary for the implementation of the service offered to you.
The Site provides you with information (photos, texts) for information only, as is, with all their imperfections, errors, omissions, inaccuracies and other ambiguities that may exist and are in no way contractual. In addition, this information must be taken into consideration when it is put online and not when consulting the Site.
ORIENTEA FRANCE declines all responsibility for:
- any interruption, malfunction or unavailability of access to the Site;
- any misuse or misconfiguration of your computer;
- any damage of any nature whatsoever, resulting from a fraudulent intrusion by a third party leading to a modification of the information made available on the Site;
- any breach due to a case of force majeure as defined by article 1218 of the Civil Code and in particular, without limitation, disasters, strikes, fires, floods, failures or breakdowns of equipment, means of transport, communication or due to the actions of the customer;
- any indirect damage such as in particular loss of profits, loss of earnings, loss of data and/or customers which may result, among other things, from the use of the Site, or on the contrary from the impossibility of its use.
In any event, whatever the reason for the questioning of ORIENTEA FRANCE, its liability is limited to the lower of the two sums: (i) the amount of the direct damage suffered by the customer or ( ii) the price of the order.
- Protection of personal data and Cookies
- Intellectual Property
All the elements (texts, logos, brands, images, sound elements, software, icons, layout, database, domain names) appearing on the Site are the exclusive property of ORIENTEA FRANCE or are subject to of an authorization of use. Any reproduction or representation, total or partial, on any medium, of any element appearing on the Site is strictly prohibited, with the exception of a copy for private, individual, personal, non-transferable and non-commercial use and subject to compliance with intellectual property rights and any other property rights mentioned. Any transfer or license of one of the components of the Site is subject to the prior written authorization of ORIENTEA FRANCE, any offender exposing himself to legal proceedings.
ORIENTEA FRANCE declines all responsibility in the event of misuse and/or unauthorized use of these elements.
The Products offered comply with the French legislation in force. ORIENTEA FRANCE cannot be held liable in the event of non-compliance with the legislation of the country where the Products are delivered. It is up to the customer to check with the local authorities the possibilities of importing or using the Products he plans to order.
Complaints or disputes will always be received with attentive benevolence, good faith being always presumed in those who take the trouble to explain these situations.
In the event of a complaint, you can first contact ORIENTEA FRANCE to obtain an amicable solution, by writing to ORIENTEA FRANCE, 10, rue Penthièvre 75008 Paris or by sending your e-mails to ventes@kyufi. en
- Dispute - applicable law
Only the General Conditions of Sale and Use in French are authentic. In the event that they are translated into one or more other languages, only the French text shall prevail in the event of a dispute.
The rights and obligations of the parties are governed by French law, and in particular by the rules of distance selling (articles L. 121-16 to L. 121-20 of the Consumer Code), the Law for confidence in the digital economy of June 21, 2004, the law relating to data processing, files and freedoms of January 6, 1978 and the rules relating to the mediation of disputes consumption (articles L151-1 and following of the consumer code).
National or cross-border disputes which may arise concerning the validity, interpretation, performance or non-performance, interruption or termination of any contract concluded under the conditions set out by the General Conditions of Sale and Use, may be subject to mediation at your request.
To this end, in the event of a dispute, in accordance with Article L 612-1 of the Consumer Code, you can use the MEDICYS mediation service free of charge, to which ORIENTEA FRANCE belongs, by electronic means:
The dispute cannot however be examined by the mediator if:
• you do not justify having tried, beforehand, to resolve the dispute directly with ORIENTEA FRANCE by written complaint;
• the request is manifestly unfounded or abusive;
• the dispute has previously been examined or is being examined by another mediator or by a court;
• you have submitted your request to the mediator within a period of more (1) year from the written complaint to ORIENTEA FRANCE;
• the dispute does not fall within its jurisdiction.
Failing this, only the French courts will have jurisdiction.
- "Games and Competitions" organized by ORIENTEA FRANCE and its partners
ORIENTEA FRANCE may organize games and competitions on the Site. Participation in these games or contests generates active participation on your part, in particular by means of a participation form to be completed or by entering a participation code.
Notwithstanding the rules of the game or competition relating to the participation in question, the Products involved are available exclusively within the limits of available stocks.
In addition, the Products won are neither transferable nor can they be sold or exchanged, nor be the subject of any compensation.