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herbal energy jewelry
General conditions of sale
These general terms and conditions of sale apply to all purchases made by Internet users/individuals on the website www.kanet.re (hereinafter referred to as the “SITE”) from Kanet, a micro-company registered in the Trade and Companies Register, with its head office in Saint-Pierre (Reunion Island).
Tel: 06 93 52 38 78, email: contact.kanet@gmail.com
IMPORTANT
Any order placed on the SITE implies the CUSTOMER's unreserved acceptance of these terms and conditions of sale.
Definitions
The terms used below have the following meanings in these General Terms and Conditions:
“CUSTOMER”: refers to the SELLER's co-contractor, who warrants that he/she is a consumer as defined by French law and jurisprudence. As such, it is expressly stipulated that this CLIENT is acting outside of any usual or commercial activity.
“DELIVERY”: refers to the first presentation of the PRODUCTS ordered by the CLIENT at the delivery address indicated at the time of ordering.
“PRODUCTS”: refers to all products available on the SITE.
“TERRITORY”: refers to Metropolitan FRANCE (DOM/TOM included).
Subject
These Terms and Conditions govern the sale of PRODUCTS by the SELLER to its CUSTOMERS.
The CLIENT is clearly informed and acknowledges that the SITE is intended for consumers and that professionals must contact the SELLER's sales department in order to benefit from distinct contractual conditions.
Acceptance of terms and conditions
The CUSTOMER undertakes to carefully read and accept the present General Terms and Conditions before proceeding with the payment of an order for PRODUCTS placed on the SITE.
The present General Conditions are referenced at the bottom of each SITE page by means of a link and must be consulted before placing an order. The CUSTOMER is invited to carefully read, download and print the General Terms and Conditions, and to keep a copy.
The SELLER advises the CUSTOMER to read the General Conditions with each new order, as the latest version of said Conditions applies to all new orders of PRODUCTS.
By clicking on the first button to place the order and on the second to confirm the order, the CLIENT acknowledges having read, understood and accepted the General Conditions without limitation or condition.
Purchase of products on the site
In order to purchase a PRODUCT, the CLIENT must be at least 18 years of age and have legal capacity or, if a minor, be able to justify the agreement of his/her legal representatives.
The CLIENT will be asked to provide identifying information by completing the form available on the SITE. The sign (*) indicates the mandatory fields that must be completed for the SELLER to process the CLIENT's order. The CLIENT can check the status of his order on the SITE. If necessary, DELIVERY can be tracked using the online tracking tools of certain carriers. The CLIENT may also contact the SELLER's sales department at any time by e-mail at contact.kanet@gmail.com to obtain information on the status of his order.
The information that the CLIENT provides to the SELLER when placing an order must be complete, accurate and up-to-date. The SELLER reserves the right to ask the CLIENT to confirm, by any appropriate means, his/her identity, eligibility and the information communicated.
Orders
Article 5.1 Product characteristics
The SELLER endeavors to present as clearly as possible the main characteristics of the PRODUCTS (on the information sheets available on the SITE) and the mandatory information that the CUSTOMER must receive under applicable law (in these General Terms and Conditions).
The CLIENT undertakes to read this information carefully before placing an order on the SITE.
The SELLER reserves the right to modify the selection of PRODUCTS available on the SITE, in particular according to the constraints of its suppliers.
Unless expressly indicated otherwise on the SITE, all PRODUCTS sold by the SELLER are new and comply with current European legislation and standards applicable in France.
Article 5.2. Order procedure
PRODUCT orders are placed directly on the SITE. To place an order, the CLIENT must follow the steps described below (please note, however, that depending on the CLIENT's start page, the steps may differ slightly).
5.2.1. PRODUCT selection and purchase options
The CLIENT must select the PRODUCT(s) of his/her choice by clicking on the PRODUCT(s) concerned and choosing the desired characteristics and quantities. Once the PRODUCT has been selected, it is placed in the CLIENT's shopping cart. The CLIENT may then add as many PRODUCTS as he or she wishes to the shopping cart.
5.2.2. Orders
Once the PRODUCTS have been selected and placed in the shopping basket, the CLIENT must click on the basket and check that the contents of the order are correct. If the CLIENT has not already done so, he/she will then be invited to identify him/herself or to register.
Once the CUSTOMER has validated the contents of the shopping cart and logged in/registered, an automatically completed online form will be displayed, summarizing the price, applicable taxes and, where applicable, delivery charges.
The CLIENT is invited to check the contents of his order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the means of payment and the price) before validating its contents.
The CLIENT may then proceed with payment for the PRODUCTS by following the instructions on the SITE and providing all the information required for invoicing and DELIVERY of the PRODUCTS. For PRODUCTS for which options are available, these specific references appear when the correct options have been selected. Orders placed must include all the information required to process the order.
The CLIENT must also select the chosen delivery method.
5.2.3. Acknowledgement of receipt
Once all the steps described above have been completed, a page appears on the SITE to acknowledge receipt of the CLIENT's order. A copy of the order acknowledgement is automatically sent to the CUSTOMER by e-mail, provided that the e-mail address communicated via the registration form is correct.
The SELLER does not send order confirmations by post or fax.
5.2.4. Billing
During the order procedure, the CLIENT must enter the information required for invoicing (the sign (*) indicates the mandatory fields that must be completed for the CLIENT's order to be processed by the SELLER).
In particular, the CLIENT must clearly indicate all information relating to DELIVERY, in particular the exact DELIVERY address, as well as any access code to the DELIVERY address.
The CLIENT must then specify the chosen method of payment.
Neither the order form drawn up by the CLIENT online, nor the acknowledgement of receipt of the order sent by the SELLER to the CLIENT by e-mail, constitutes an invoice. Whatever the method of order or payment used, the CLIENT will receive the original invoice upon DELIVERY of the PRODUCTS, inside the parcel.
5.3. Order date
The order date is the date on which the SELLER acknowledges online receipt of the order. The lead times indicated on the SITE only begin to run from this date.
5.4. Prices
For all PRODUCTS, the CLIENT will find prices displayed on the SITE in euros, inclusive of all taxes, as well as the applicable delivery charges (depending on the weight of the package, excluding packaging and gifts, the DELIVERY address and the carrier or mode of transport chosen).
In particular, prices include value-added tax (VAT) at the rate in force on the order date. Any change in the applicable rate may have an impact on the price of the PRODUCTS from the date on which the new rate comes into force.
The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold.
The prices of the SELLER's suppliers are subject to change. Consequently, the prices indicated on the SITE may change. They may also be modified in the event of special offers or sales.
The prices indicated are valid, except for gross errors. The applicable price is that indicated on the SITE on the date the order is placed by the CLIENT.
5.5. PRODUCT availability
Depending on the PRODUCT concerned, the SELLER applies “just-in-time” stock management. Consequently, depending on the case, the availability of PRODUCTS depends on the SELLER's stocks.
The SELLER undertakes to honour orders received provided that the PRODUCTS are available.
In principle, the unavailability of a PRODUCT is indicated on the PRODUCT page concerned. CLIENTS may also be informed by the SELLER when a PRODUCT is restocked.
In any event, if unavailability has not been indicated at the time of ordering, the SELLER undertakes to inform the CLIENT without delay if the PRODUCT is unavailable.
The SELLER may, at the CUSTOMER's request:
Either offer to ship all PRODUCTS at the same time as soon as out-of-stock PRODUCTS become available again,
or proceed with partial shipment of the available PRODUCTS initially, and then with shipment of the remainder of the order when the other PRODUCTS are available, subject to clear information concerning the additional transport costs that may be incurred,
Or offer an alternative PRODUCT of equivalent quality and price, accepted by the CLIENT.
If the CLIENT decides to cancel his order for unavailable PRODUCTS, he will be reimbursed for all sums paid for the unavailable PRODUCTS within thirty (30) days of payment at the latest.
Right of withdrawal
The terms and conditions of the right of withdrawal are set out in the “withdrawal policy”, which is available in Appendix 1 of these terms and conditions and can be accessed at the bottom of each SITE page via a hypertext link.
Payment
7.1. Payment methods
The CLIENT may pay for PRODUCTS online on the SITE using the methods proposed by the SELLER.
The CLIENT warrants to the SELLER that it holds all the authorizations required to use the chosen means of payment.
The SELLER will take all necessary measures to guarantee the security and confidentiality of data transmitted online as part of online payment on the SITE.
It is hereby specified that all payment information provided on the SITE is transmitted to the SITE's bank and is not processed on the SITE.
7.2. Payment date
In the case of a single payment by credit card, the CLIENT's account will be debited as soon as the PRODUCTS are ordered on the SITE.
In the case of partial DELIVERY, the total amount will be debited from the CLIENT's account at the earliest when the first package is shipped. If the CLIENT decides to cancel the order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of article 5.5 of these General Terms and Conditions.
7.3. Late or refused payment
If the bank refuses to debit a card or other means of payment, the CLIENT must contact the SELLER's Customer Service Department in order to pay for the order by any other valid means of payment.
In the event that, for any reason whatsoever, opposition, refusal or other, the transmission of the flow of money due by the CLIENT proves impossible, the order will be cancelled and the sale automatically terminated.
Proof and archiving
Any contract concluded with the CLIENT corresponding to an order of more than 120 euros including VAT will be archived by the SELLER for a period of ten (10) years in accordance with article L. 134-2 of the French Consumer Code.
The SELLER agrees to archive this information in order to monitor transactions and produce a copy of the contract at the CLIENT's request.
In the event of a dispute, the SELLER will be able to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
Transfer of ownership
The SELLER remains the owner of the PRODUCTS delivered until full payment has been received from the CLIENT.
The above provisions do not prevent the transfer to the CLIENT, at the time of receipt by the CLIENT, or by a third party designated by the CLIENT other than the carrier, of the risks of loss or damage to the PRODUCTS subject to retention of title, as well as the risks of damage they may cause.
Delivery
The terms and conditions for DELIVERY of PRODUCTS are set out in the “Delivery Policy” referred to in Appendix 2 hereto and accessible at the bottom of each SITE page via a hypertext link.
Packaging
The PRODUCTS will be packaged in accordance with current transport standards, in order to guarantee maximum protection for the PRODUCTS during DELIVERY. CUSTOMERS undertake to comply with the same standards when returning PRODUCTS under the conditions set out in Appendix 1 ' Cancellation Policy.
Warranties
12.1. Warranty of conformity
The SELLER is bound to deliver a PRODUCT that conforms, i.e. that is fit for the use expected of a similar good and corresponds to the description given on the SITE.
This conformity also implies that the PRODUCT has the qualities that a purchaser may legitimately expect, having regard to the public statements made by the SELLER, including in advertising and on labelling.
In this context, the SELLER is liable for defects of conformity existing at the time of delivery, and for defects of conformity resulting from packaging, assembly instructions or installation when the latter has been made his responsibility or has been carried out under his responsibility.
Any action resulting from a lack of conformity shall be barred after two (2) years from delivery of the PRODUCT.
In the event of lack of conformity, the CLIENT may request replacement or repair of the PRODUCT, at his or her option. However, if the cost of the CLIENT's choice is manifestly disproportionate to the other possible option, taking into account the value of the PRODUCT or the importance of the defect, the SELLER may proceed with a refund, without following the option chosen by the CLIENT.
In the event that replacement or repair is impossible, the SELLER undertakes to refund the price of the PRODUCT within 30 days of receipt of the returned PRODUCT, in exchange for the return of the PRODUCT by the CLIENT to the registered address.
Lastly, the CLIENT is exempted from having to prove the existence of a defect in the conformity of the PRODUCT during the six (6) months following delivery of the good.
It is specified that the present legal warranty of conformity applies independently of the commercial warranty granted, if any, on the PRODUCTS.
12.2 Warranty for hidden defects
The SELLER is bound by the warranty for latent defects in the PRODUCT sold which render it unfit for its intended use, or which so diminish such use that the CLIENT would not have purchased it, or would have paid a lower price for it, had he been aware of them.
This warranty allows the CLIENT, who can prove the existence of a latent defect, to choose between reimbursement of the price of the PRODUCT if it is returned, and reimbursement of part of its price if the PRODUCT is not returned.
In the event that replacement or repair is impossible, the SELLER undertakes to refund the price of the PRODUCT within 30 days of receipt of the returned PRODUCT in exchange for the return of the PRODUCT by the CLIENT to the registered address.
Any action arising from latent defects must be brought by the CLIENT within two (2) years of the discovery of the defect.
Liability
The SELLER may not be held liable in the event of non-performance or improper performance of contractual obligations attributable to the CUSTOMER, in particular during order entry.
The SELLER may not be held responsible, or considered as having failed to comply with the present terms, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the case law of the French courts and tribunals.
It is further specified that the SELLER does not control the websites that are directly or indirectly linked to the SITE. Consequently, the SELLER accepts no liability for the information published on these sites. Links to third-party websites are provided for information purposes only, and no guarantee is given as to their content.
Personal data
On the SITE, the SELLER collects personal data concerning its Customers, including by means of cookies. CUSTOMERS may deactivate cookies by following the instructions provided by their browser.
The data collected by the SELLER is used to process orders placed on the SITE, manage the CUSTOMER's account, analyze orders and, if the CUSTOMER has chosen this option, send him or her commercial prospecting mail, newsletters, promotional offers and/or information on special sales, unless the CUSTOMER no longer wishes to receive such communications from the SELLER.
It is also collected in order to compile visit statistics.
CLIENT data is kept confidential by the SELLER in accordance with its declaration to the CNIL, for the purposes of the contract and its execution, and in compliance with the law.
CLIENTS may unsubscribe at any time by accessing their account or by clicking on the hypertext link provided for this purpose at the bottom of each offer received by e-mail.
Data may be communicated, in whole or in part, to the SELLER's service providers involved in the order process. For commercial purposes, the SELLER may transfer the names and contact details of its CUSTOMERS to its commercial partners, provided that the latter have given their prior consent when registering on the SITE.
The SELLER will specifically ask CLIENTS whether they wish their personal data to be disclosed. CLIENTS may change their minds at any time on the SITE or by contacting the SELLER.
The SELLER may also ask its CLIENTS if they wish to receive commercial solicitations from its partners.
In accordance with the French Data Protection Act no. 78-17 of January 6, 1978, CUSTOMERS have the right to access, rectify, oppose (for legitimate reasons) and delete their personal data. They may exercise this right by sending an e-mail to contact.kanet@gmail.com.
It is specified that the CUSTOMER must be able to prove his identity, either by scanning an identity document, or by sending the SELLER a photocopy of his identity document.
Complaints
Any written complaint from the CLIENT should be sent to the following address: contact.kanet@gmail.com
Intellectual property rights
All visual and audio elements of the SITE, including the underlying technology used, are protected by copyright, trademark and/or patent law.
These elements are the exclusive property of the SELLER. Any person who publishes a website and wishes to create a direct hypertext link to the SITE must request authorization from the SELLER in writing.
Under no circumstances will the SELLER's authorization be granted on a permanent basis.
The link must be removed at the SELLER's request. Hypertext links to the SITE using techniques such as framing or in-line linking are strictly prohibited.
Validity of the General Conditions
Any change in current legislation or regulations, or any decision by a competent court invalidating one or more clauses of these General Terms and Conditions shall not affect the validity of these General Terms and Conditions. Any such modification or decision shall in no way authorize CLIENTS to disregard these General Terms and Conditions.
Any terms and conditions not expressly dealt with herein shall be governed in accordance with usage in the retail sector, for companies whose registered office is located in France.
Modification of the General Terms and Conditions
The present General Terms and Conditions apply to all purchases made online on the SITE, for as long as the SITE is available online.
The General Conditions are dated precisely and may be modified and updated by the SELLER at any time. The General Conditions applicable are those in force at the time of the order.
Changes to the General Terms and Conditions will not apply to PRODUCTS already purchased.
Jurisdiction and applicable law
These General Terms and Conditions and the relationship between the CLIENT and the SELLER are governed by French law.
In the event of a dispute, the French courts shall have exclusive jurisdiction.
However, prior to any recourse to an arbitral or state judge, negotiation in a spirit of loyalty and good faith will be preferred with a view to reaching an amicable agreement in the event of any dispute relating to the present contract, including those concerning its validity.
The party wishing to initiate the negotiation process must inform the other party by registered letter with acknowledgement of receipt, indicating the elements of the dispute. If the parties fail to reach agreement within fifteen (15) days, the dispute will be submitted to the competent court designated below.
Throughout the negotiation process and until its conclusion, the parties undertake to refrain from taking any legal action against each other in respect of the dispute under negotiation. By way of exception, the parties are authorized to bring an action before a court of summary jurisdiction or to apply for an order on petition. Any action brought before a court of summary jurisdiction or the implementation of a petition procedure does not imply any waiver of the amicable settlement clause on the part of the parties, unless they expressly wish otherwise.
APPENDIX 1
CANCELLATION POLICY
Principle of withdrawal
As a matter of principle, the CLIENT has the right to return or restitute the PRODUCT to the SELLER or to a person designated by the latter, without undue delay, and at the latest within fourteen (14) days following communication of his decision to withdraw, unless the SELLER offers to collect the PRODUCT himself.
Withdrawal period
The withdrawal period expires fourteen (14) calendar days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, takes physical possession of the PRODUCT.
If the CLIENT has ordered several PRODUCTS in a single order giving rise to several DELIVERIES (or in the case of an order for a single PRODUCT delivered in several batches), the withdrawal period will expire fourteen (14) calendar days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, takes physical possession of the last PRODUCT delivered.
RETRACTION FORM
For the attention of [*] (*VENDER's contact details)
SELLER'S* telephone number:
SELLER'S* fax number:
SELLER'S* e-mail address:
I hereby notify you of my withdrawal from the contract for the sale of the PRODUCT below:
PRODUCT reference
Invoice no.:
Purchase order no.:
- Ordered on [____________]/received on [________________]
- Payment method used:
- Name of CUSTOMER and, if applicable, order beneficiary:
- CUSTOMER's address:
- Delivery address:
- CUSTOMER's signature (unless sent by e-mail)
- Date
In order for the withdrawal period to be respected, the CLIENT must transmit its communication concerning the exercise of the right of withdrawal before the expiration of the withdrawal period.
Effects of withdrawal
In the event of withdrawal by the CLIENT, the SELLER undertakes to reimburse all sums paid, including delivery costs, without undue delay and, in any event, no later than fourteen (14) days from the date on which the SELLER is informed of the CLIENT's wish to withdraw.
The SELLER will make the reimbursement using the same means of payment as the one used by the CLIENT for the initial transaction, unless the CLIENT expressly agrees to a different means. In any event, this reimbursement will not incur any costs for the CLIENT.
The SELLER may defer reimbursement until receipt of the goods or until the CUSTOMER has provided proof of shipment of the goods, whichever comes first.
Return procedure
The CLIENT must, without undue delay and, in any event, no later than fourteen (14) days after communicating his/her decision to withdraw from the present contract, return the goods to the address of the head office.
This deadline is deemed to have been met if the CLIENT returns the goods before the fourteen-day period has expired.
Return costs
The CLIENT shall bear the direct cost of returning the goods.
Condition of the returned good
The PRODUCT must be returned in accordance with the SELLER's instructions and include all accessories delivered.
The CLIENT shall only be liable for any depreciation of the good resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the PRODUCT. In other words, the CLIENT may test the PRODUCT, but may be held liable for any manipulations other than those necessary.
Packaging
The PRODUCTS are packaged in accordance with current transport standards, in order to guarantee maximum protection for the PRODUCTS during DELIVERY. CLIENTS must comply with the same standards when returning PRODUCTS. In this respect, the CLIENT is invited to return the PRODUCT that does not suit him/her in its original packaging and in good condition, suitable for re-marketing.
Exclusions from the right of withdrawal
The right of withdrawal is excluded in the following cases:
Supply of goods or services whose price depends on fluctuations in the financial market
Supply of goods made to the CLIENT's specifications or clearly personalized.
Supply of goods likely to deteriorate or expire rapidly
Supply of sealed audio or video recordings or software which have been unsealed after delivery
Newspapers, periodicals, magazines (except subscription contracts)
Provision of accommodation services other than for residential purposes, transport of goods, car rental, catering or services related to leisure activities if the offer provides for a specific date or period of performance
Supply of goods which by their nature are inseparably mixed with other items.
the supply of sealed goods that cannot be returned for health or hygiene reasons, and which have been unsealed by the CLIENT after DELIVERY
the supply of alcoholic beverages, the price of which has been agreed at the time of the conclusion of the sales contract, the delivery of which can only be made after 30 days, and the actual value of which depends on market fluctuations beyond the SELLER's control.
Supply of digital content not supplied in dematerialized form if performance has begun with the express prior consent of the consumer, who has also acknowledged that he will thereby lose his right of withdrawal
contracts concluded at a public auction
APPENDIX 2
DELIVERY POLICY
Delivery zone
The PRODUCTS offered can only be delivered within the TERRITORY.
It is impossible to place an order for any delivery address outside this TERRITORY.
PRODUCTS are shipped to the delivery address(es) indicated by the CLIENT during the order process.
Shipping times
The time required to prepare and invoice an order, prior to shipment of PRODUCTS in stock, is indicated on the SITE. These times do not include weekends or public holidays.
An e-mail message will automatically be sent to the CLIENT when the PRODUCTS are dispatched, provided that the e-mail address given in the registration form is correct.
Delivery times & costs
During the ordering process, the SELLER indicates to the CLIENT the possible delivery times and shipping methods for the PRODUCTS purchased.
Shipping costs are calculated according to the delivery method and location. The amount of these costs will be due by the CLIENT in addition to the price of the PRODUCTS purchased.
Delivery times and costs are detailed on the SITE.
Terms of DELIVERY
The parcel will be delivered to the CLIENT upon signature and presentation of proof of identity.
In the event of absence, a delivery notice will be left for the CLIENT to pick up the parcel at the post office.
Delivery problems
The CLIENT is informed of the delivery date when choosing the carrier, at the end of the online ordering procedure, before confirming the order.
Deliveries will be made within a maximum of thirty (30) days. Failing this, the CUSTOMER must give formal notice to the SELLER to deliver within a reasonable period, and in the event of non-delivery within this period, the CUSTOMER may cancel the contract.
The SELLER will reimburse the CLIENT, without undue delay from receipt of the letter of termination, the total amount paid for the PRODUCTS, including taxes and delivery charges, by the same method of payment used by the CLIENT to purchase the PRODUCTS.
The SELLER is responsible until the PRODUCT is delivered to the CLIENT. It is reminded that the CLIENT has a period of three (3) days to notify the carrier of any damage or partial loss noted at the time of delivery.