Terms and conditions
Effective as of 24-01-2022
ARTICLE 1 - GENERAL PROVISIONS
These General Conditions of Sale (hereinafter the "General Terms & Conditions of Sale") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("Customers or the Customer"), wishing acquire the products offered for sale (“The Products”) by the Seller on the www.kipiadi website. The Products offered for sale on the site are as follows:
- greek products
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the site www.kipiadi.com which the customer is required to read before ordering.
The choice and purchase of a Product are the sole responsibility of the Customer.
Product offers are valid within the limits of available stocks, as specified when placing the order.
These General Terms & Conditions of Sale are accessible at any time on the website www.kipiadi.com and will prevail over any other document.
The Customer declares to have read these GTCS and to have accepted them by ticking the box provided for this purpose before the implementation of the online ordering procedure of the www.kipiadi.com site.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
The Seller's contact details are as follows:
SARL Kipiadi
Share capital of 1,000 euros
Registered with the RCS of Rouen, under number 909 580 425
Domiciled at 16 rue des Cottages 76130 Mont St-Aignan FRANCE
Email: hello@kipiadi.com
Telephone: (free call without surcharge from France) / +33 970669649
Intra-community VAT number FR46909580425
The Products presented on the site www.kipiadi.com are offered for sale for the following territories:
- Metropolitan France (including Corsica and coastal islands).
In the event of an order to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned.
For all Products shipped outside the European Union and DOM-TOM, the price will be calculated excluding taxes automatically on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable. They will be charged to and are the sole responsibility of the Client.
ARTICLE 2 - PRICE
The Products are supplied at the current prices listed on the website www. kipiadi.com, when the order is registered by the Seller.
Prices are expressed in Euros, excluding and including tax.
The prices include any reductions that may be granted by the Seller on the website www. kipiadi.com.
These prices are firm and non-revisable during their period of validity but the Seller reserves the right, outside the period of validity, to modify the prices at any time.
Prices do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the site and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is established by the Seller and given to the Customer upon delivery of the Products ordered.
ARTICLE 3 – ORDERS
It is up to the Customer to select on the website www. kipiadi.com the Products it wishes to order, according to the following terms:
- The Customer chooses a Product that he puts in his basket, Product that he can delete or modify before validating his order and accepting these general conditions of sale.
- He will then enter his contact details or connect to his space and choose the delivery method.
- After validation of the information, the order will be considered final and will require payment from the Customer according to the terms provided.
Product offers are valid as long as they are visible on the site, within the limits of available stocks.
The sale will only be considered valid after full payment of the price. It is the Customer's responsibility to verify the accuracy of the order and to immediately report any errors.
Any order placed on the website www. kipiadi.com constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The Customer will be able to follow the progress of his order on the site.
ARTICLE 4 - PAYMENT CONDITIONS
The price is paid by secure payment, according to one of the following methods:
- payment by credit card
- payment by PayPal
- payment by bank transfer to the Seller's bank account (the details of which are communicated to the Customer when placing the order)
The price is payable in cash by the Customer, in full on the day the order is placed.
Payment data is exchanged in encrypted mode using the protocol defined by the authorized payment service provider involved in banking transactions carried out on the site www. kipiadi.com.
Payments made by the Customer will only be considered final after effective collection by the Seller of the sums due.
The Seller will not be required to deliver the Products ordered by the Customer if the latter does not pay the full price under the conditions indicated above.
ARTICLE 5 - DELIVERIES
The Products ordered by the Customer will be delivered in mainland France (including Corsica and coastal islands).
Deliveries are made within 2 to 20 working days after receipt of payment to the address indicated by the Customer when ordering on the site.
Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the deadlines specified above. However, these deadlines are given for information only.
If the Products ordered have not been delivered within 20 days after the indicative delivery date, for any reason other than force majeure or the Customer's act, the sale may be canceled at the Customer's written request within conditions provided for in Articles L. 216-2, L. 216-3 and L. 241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him no later than fourteen days following the date of termination of the contract, excluding any compensation or deduction.
Deliveries are made by an independent carrier, to the address given by the Customer when ordering and which the carrier can easily access. No dispute relating to the delivery itself will be possible if the package appears to have been delivered, the carrier's computer system being authentic.
In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the related costs will be the subject of additional specific invoicing, on an estimate previously accepted in writing by the customer.
The Customer is required to check the condition of the products delivered. Without prejudice to the deadlines available to the Customer under his right of withdrawal as specified in Article 7, it is the Customer's responsibility to:
- Open the package(s) in the presence of the deliverer,
- Enter any detailed handwritten reservations on the Delivery Note. The reservations made by the recipient on delivery constitute means of proof of the existence and the extent of the damage, the Customer must therefore take care to be precise in the drafting of these (the mention "subject to unpacking" cannot be taken into account because it is too imprecise and general),
- Inform the Seller by e-mail or registered letter within three (3) working days of delivery of the Order. After this period and failing to comply with these formalities, the Products will be deemed to be compliant and free from any apparent defect and no complaint can be validly accepted by the Seller.
The Seller will refund or replace as soon as possible and at its own expense the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L. 217-4 and following of the Consumer Code and those provided for in these GCTS.
The transfer of the risks of loss and deterioration relating thereto will only be carried out when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk and peril except when the Customer has chosen the carrier himself. As such, the risks are transferred at the time of delivery of the goods to the carrier.
In the event that the customer does not recover his parcel deposited at a relay point or postal point within the time limits (13 days from receipt of the parcel at the drop-off point), a voucher valid for 12 months for the amount of the order minus the return costs charged by the carrier and the amount of food products whose minimum durability date would be too short to be put back on sale will be sent to the customer within 30 days of receipt of the package by the sender.
ARTICLE 6 - TRANSFER OF OWNERSHIP
The transfer of ownership of the Products from the Seller to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of the said Products.
ARTICLE 7 - RIGHT OF WITHDRAWAL
According to the terms of Article L. 221-18 of the Consumer Code " The consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded at a distance, following a cold call or outside the establishment, without having to justify its decision or bear any costs other than those provided for in Articles L. 221-23 to L. 221-25.
The period mentioned in the first paragraph runs from the day:
1° The conclusion of the contract, for contracts for the provision of services and those mentioned in Article L. 221-4;
2° From the receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods. For contracts concluded off-premises, the consumer may exercise his right of withdrawal from the conclusion of the contract.
In the case of an order relating to several goods delivered separately or in the case of an order for a good made up of batches or multiple parts whose delivery is staggered over a defined period, the period runs from receipt of the last good or lot or of the last piece.
For contracts providing for the regular delivery of goods during a defined period, the period runs from the receipt of the first good. »
The right of withdrawal can be exercised online, using the withdrawal form attached and also available on the site or any other statement, unambiguous, expressing the desire to withdraw and in particular by postal mail addressed to the Seller at the postal or email address indicated in ARTICLE 1 of the GCS.
We inform the Customer that in accordance with Article L. 121-20-2 of the Consumer Code, this right of withdrawal cannot be exercised for consumer products whose expiry date.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be resold in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products are not taken back.
The return costs remain the responsibility of the Customer.
The exchange (subject to availability) or refund will be made within 30 days of receipt by the Seller of the Products returned by the Customer under the conditions provided for in this article.
ARTICLE 8 - SELLER'S LIABILITY - GUARANTEES
The Products supplied by the Seller benefit from:
- the legal guarantee of conformity, for Products that are defective, spoiled or damaged or that do not correspond to the order,
- the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use,
Provisions relating to legal warranties
Article L. 217-4 of the Consumer Code
“ The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. »
Article L. 217-5 of the Consumer Code
“ The property is in accordance with the contract:
1° If it is specific to the use usually expected of a similar item 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 given the public statements made by the seller, the producer or 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 seller's attention and which the latter has accepted. »
Article L. 217-12 of the Consumer Code
“ The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. »
Article 1641 of the Civil Code.
" The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or I would have paid a lesser price for them, if he had known them. »
Article 1648 paragraph 1 of the Civil Code
“ The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. »
Article L. 217-16 of the Consumer Code.
" When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, for a restoration 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 the provision for repair of the property in question, if this provision is subsequent to the request for intervention. »
In order to assert his rights, the Customer must inform the Seller, in writing (email or post), of the non-conformity of the Products or of the existence of hidden defects from their discovery.
The Seller will reimburse, replace or have repaired the Products or parts under warranty deemed non-compliant or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate and return costs will be reimbursed on presentation of receipts.
Refunds, replacements or repairs of Products deemed non-compliant or defective will be made as soon as possible and at the latest within 30 days of the Seller's finding of the lack of conformity or the hidden defect. This refund can be made by bank transfer or check.
The responsibility of the Seller cannot be engaged in the following cases:
- non-compliance with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to verify,
- in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.
- The photographs and graphics presented on the site are not contractual and cannot engage the responsibility of the Seller.
The Seller's warranty is, in any event, limited to the replacement or reimbursement of non-compliant Products or Products affected by a defect.
ARTICLE 9 - IT AND FREEDOMS
In application of law 78-17 of January 6, 1978, it is recalled that the personal data which are requested from the Customer are necessary for the processing of his order and the establishment of invoices, in particular.
This data may be communicated to any partners of the Seller responsible for the execution, processing, management and payment of orders.
The Customer has, in accordance with the national and European regulations in force, a right of permanent access, modification, rectification and opposition with regard to information concerning him.
This right can be exercised according to the procedures described in the “legal notices” section of the site www.kipiadi.com.
ARTICLE 10 - INTELLECTUAL PROPERTY
The content of the www.kipiadi.com site is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting.
The Kipiadi brand is registered with the INPI
ARTICLE 11 - APPLICABLE LAW - LANGUAGE
These T&Cs and the resulting operations are governed by and subject to French law.
These T&Cs are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
ARTICLE 12 - DISPUTES
For any complaint, please contact customer service at the Seller's postal or email address indicated in ARTICLE 1 of these GCTS.
In the event of failure of the complaint request to Customer Service or in the absence of a response from this service within two months, the Customer may submit the dispute opposing him to the Seller to mediation with the CCI. Rouen Metropolis. Both the Customer and the Seller remain free to accept or refuse recourse to mediation as well as, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
Contact details of the mediator: CCI Rouen Métropole 20 Passage de la Luciline
Building l'Opensèn, 76000 ROUEN tel: 02 32 100 500 email: juridique@rouen.cci.fr
The Customer is also informed that in the event of a cross-border dispute, he may use the Online Dispute Resolution (RLL) platform set up by the European Commission: https://webgate.ec.europa.eu/odr/main /index.cfm?event=main.home.show
All disputes to which the purchase and sale transactions concluded in application of these GCS and which have not been the subject of an amicable settlement between the seller or by mediation, will be submitted to the competent courts under the conditions of law. common.
ARTICLE 13 – SALE OF ALCOHOL
In accordance with article L. 3342-1 of the Public Health Code, the sale of alcoholic beverages to minors under the age of eighteen (18) is prohibited. The Customer declares and undertakes to be eighteen (18) years old on the date of the order.
The acceptance of the order implies for the Customer the recognition of the respect of the French regulations:
“ Alcohol abuse is dangerous for your health, consume in moderation ”;
“ Alcohol should not be consumed by pregnant women ”;
“ The sale of alcohol is prohibited to minors ”;
" You certify that you are of the required legal age and legal capacity to be able to buy on this website ".
APPENDIX I
Withdrawal form
Date ______________________
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on www.kipiadi.com except exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.
To the attention of SARL KIPIADI, 16 rue des Cottages 76130 Mont St-Aignan FRANCE
I hereby notify the withdrawal of the contract relating to the property below:
- Order of (indicate the date)
- Order number: ............................................ ...............
- Client name : ............................................. ..............................
- Customer's address: ............................................ ..........................
Signature of the Client (only in the event of notification of this form on paper)