Terms of sale

General Terms and Conditions of Sale for the site kbeautyshop.fr

Effective from 01.09.2024

ARTICLE 1: PARTIES

These general terms and conditions are applicable between Sammy Voigt, sole proprietor, registered with the Paris Trade and Companies Register in France on 22.08.2024 under number 932 196 546, with headquarters at 9, Rue des Deux Ponts 75004 Paris, France, phone: +33 (0)627567769, e-mail: info@kbeautyshop.fr, hereinafter referred to as "the Publisher," and any individual or legal entity, public or private, registered on the Site to purchase a Product, hereinafter referred to as "the Client."

ARTICLE 2: DEFINITIONS

  • "Client": any individual or legal entity, public or private, registered on the Site.
  • "Site Content": elements of any nature published on the Site, whether protected by intellectual property rights or not, such as texts, images, drawings, presentations, videos, diagrams, structures, databases, or software.
  • "The Publisher": Sammy Voigt, sole proprietor, in his capacity as publisher of the Site.
  • "Internet User": any individual or legal entity, public or private, connecting to the Site.
  • "Product": goods of any nature sold on the Site by the Publisher to Clients.
  • "Site": the website accessible at the URL kbeautyshop.fr, including linked sub-sites, mirror sites, portals, and URL variants.

ARTICLE 3: SCOPE

The Site is open and free to all Internet users. Browsing the Site implies acceptance by any Internet user of these general terms and conditions. Simply connecting to the Site, by any means, including through a robot or browser, will constitute full acceptance of these terms and conditions. Upon registering on the Site, this acceptance will be confirmed by checking the corresponding box.

The Internet user acknowledges having fully understood and accepted these terms without restriction. Checking the aforementioned box will be deemed equivalent to a handwritten signature by the Internet user. The Internet user acknowledges the evidentiary value of the Publisher’s automatic registration systems and, unless proven otherwise, waives the right to contest them in the event of a dispute.

These general terms and conditions apply to the relationships between the parties, to the exclusion of all other conditions, including those of the Internet user.

Acceptance of these general terms and conditions implies that Internet users have the legal capacity to do so or, failing that, have the authorization of a guardian or curator if they are minors or incapacitated, or are authorized to act on behalf of a legal entity.

ARTICLE 4: PURPOSE OF THE SITE

The Site is intended for the sale of Products to Clients.

ARTICLE 5: ORDER PROCESS

5.1. Ordering

To place an order, Internet users can select one or more Products and add them to their cart. Product availability is indicated on the Site, in the description of each item. Once their order is complete, they can access their cart by clicking the button provided for this purpose.

5.2. Order Confirmation by the Internet User

By reviewing their cart, the Internet User can check the number and type of Products they have selected and verify their unit price and total price. They can remove one or more Products from their cart. If satisfied with the order, the Internet User can confirm it. They will then be directed to a form where they can either log in with their credentials if they already have them or register on the Site by filling out the registration form with their personal information.

5.3. Payment by the Client

Once logged in or after completing the registration form, the Client will be invited to review or modify their delivery and billing information, and then proceed with payment by being redirected to the secure payment interface, featuring the mention "order with obligation to pay" or a similar phrase.

5.4. Order Confirmation by the Publisher

Once the payment is received by the Publisher, the latter agrees to send an acknowledgment of receipt to the Client via email within a maximum of 24 hours. Within the same timeframe, the Publisher agrees to send the Client an email summarizing the order and confirming its processing, containing all relevant information.

ARTICLE 6: PRICES – PAYMENT

6.1. Prices

The applicable prices are those displayed on the Site on the day of the order. These prices may be modified at any time by the Publisher. The prices displayed are only valid on the day of the order and have no effect for the future. The prices shown on the Site are in euros, inclusive of all taxes, excluding shipping costs.

6.2. Payment Methods

The Client can make their payment via Paypal. Payments by credit card are made using secure transactions provided by Shopify Payments. In the case of credit card payments, the Publisher has no access to any payment data related to the Client. Payment is made directly to the bank. In the case of payment by postal mandate, check, or bank transfer, delivery times only begin after the Publisher receives the payment.

6.3. Invoicing

The Publisher will send or make available an invoice to the Client electronically after each payment. The Client expressly agrees to receive invoices electronically.

ARTICLE 7: PUBLISHER'S RESPONSIBILITY

7.1. Nature of the Publisher's Obligations

The Publisher agrees to exercise the necessary care and diligence in providing quality Products that comply with the specifications of these General Terms and Conditions. The Publisher is only bound by an obligation of means concerning the services covered by these terms.

7.2. Force Majeure – Client's Fault

The Publisher cannot be held responsible in cases of force majeure or fault on the part of the Client, as defined in this article:

7.2.1. Force Majeure

For the purposes of these general terms, any impediment, limitation, or disruption of the Service due to fire, epidemic, explosion, earthquake, bandwidth fluctuations, failure attributable to the access provider, transmission network failures, facility collapses, unlawful or fraudulent use of passwords, codes, or references provided to the Client, hacking, security breaches attributable to the Site host or developers, flooding, power outages, war, embargo, law, injunction, government requests or demands, requisition, strike, boycott, or other circumstances beyond the Publisher's reasonable control will be considered force majeure against the Client. In such circumstances, the Publisher will be released from performing its obligations to the extent of such impediment, limitation, or disruption.

7.2.2. Client's Fault

For the purposes of these General Terms, the Client's fault will be considered any misuse of the Service, fault, negligence, omission, or breach on their part or that of their agents, non-compliance with the advice given by the Publisher on the Site, any disclosure or unlawful use of the Client's password, codes, and references, as well as the provision of incorrect information or failure to update this information in their personal space. The use of any technical process, such as robots or automated queries, that would violate the letter or spirit of these general terms will also be considered the Client's fault.

7.3. Technical Issues – Hyperlinks

In the event of impossibility to access the Site due to technical issues of any kind, the Client cannot claim damages and will not be entitled to any compensation. The unavailability, even prolonged and without time limit, of one or more online services will not constitute a prejudice for the Clients and cannot give rise to any damages from the Publisher.

Hyperlinks on the Site may lead to other websites. The Publisher's responsibility cannot be engaged if the content of these sites violates current legislation. Similarly, the Publisher cannot be held responsible if visiting one of these sites causes damage to the Internet user.

In the current state of technology, the rendering of the representations of the Products offered for sale on this Site, especially in terms of colors or shapes, may vary significantly from one computer to another or differ from reality depending on the quality of graphical accessories and the screen or display resolution. These variations and differences cannot be attributed to the Publisher, who cannot be held responsible for this fact.

7.4. Damages Attributable to the Publisher

In the absence of contrary legal or regulatory provisions, the Publisher's liability is limited to direct, personal, and certain damage suffered by the Client and linked to the failure in question. The Publisher cannot be held responsible for indirect damages such as data loss, commercial harm, order loss, brand image damage, commercial disruption, and loss of profits or customers. Similarly, and within the same limits, the amount of damages payable by the Publisher cannot exceed the price of the ordered Product.

7.5. Hyperlinks and Site Content

The Site's content is published for informational purposes only, without any guarantee of accuracy. The Publisher cannot be held responsible for any omission, inaccuracy, or error in the information that would cause direct or indirect damage to the Internet user.

ARTICLE 8: FINAL PROVISIONS

8.1. Applicable Law

These general terms are subject to the application of French law.

8.2. Amendments to These General Terms

These general terms may be amended at any time by the Publisher. The general terms applicable to the Client are those in effect on the day of the order or connection to the Site. Any new connection to the personal space implies acceptance, if applicable, of the new general terms.

8.3. Disputes

In accordance with Ordinance No. 2015-1033 of August 20, 2015, any dispute with a consumer Client arising in the context of the execution of these general terms and that could not be resolved amicably must be submitted to Medicys: www.medicys.fr.

Additionally, the consumer Client is informed of the existence of the online dispute resolution platform, accessible at the following URL: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

Any dispute relating to or in connection with this contract will be settled by arbitration in accordance with the rules of the Digital Arbitration and Mediation Institute: www.fast-arbitre.com.

8.4. Entirety

The invalidity of any clause in this contract will not result in the invalidity of the other clauses or the contract as a whole, which will retain their full effect and scope. In such cases, the parties must replace the invalid provision with a valid provision that corresponds to the spirit and purpose of these terms.

8.5. No Waiver

The Publisher's failure to exercise the rights granted by these terms cannot be interpreted as a waiver of those rights.

8.6. Telemarketing

The Client is informed that they have the option to register on the telemarketing opt-out list at http://www.bloctel.gouv.fr/.

8.7. Language of These General Terms

These general terms are available in French.

8.8. Unfair Clauses

The provisions of these general terms are subject to compliance with the mandatory provisions of the Consumer Code regarding unfair clauses in contracts between professionals and consumers.