General terms and conditions of sale

General terms and conditions
1. These terms and conditions of sale (‘Terms and Conditions’) govern your purchase of Ekaterina Fornell products (‘Products’) via the website www.shop.kikifornell.art (‘Site’), a domain name owned by Mrs and Mr Fornell (‘Ekaterina Fornell EIl’, ‘we’, ‘us’, ‘our’). In these General Conditions, the words ‘you’, ‘your’ or ‘yours’ refer to the consumer who purchases the Products via the Site.
2. The Products that you purchase via the Site will be sold to you by the company Mrs Ekaterina Fornell, an Individual Entrepreneur under French law, registered in Chamonix-Mont-Blanc, France under the SIREN number 890138860, and whose registered office is located at 10 Route des Nants, 74400 - Chamonix-Mont-Blanc, France. Your purchases of Products via the Site will be governed by these General Terms and Conditions (‘Contract’).
3. The sale of Products in accordance with the General Terms and Conditions is only open to consumers, i.e. people who are acting in the context of their personal consumption needs (i.e. for needs outside their trade, business, craft or profession and without profit motive), who have reached the age of majority and who have full legal capacity to sign a Contract in their country.
4. Please read the Terms and Conditions, the Terms of Use of the Site (‘GTCU’) and our Privacy Policy carefully, and in particular these Terms and Conditions, before making a purchase, and retain a copy for future reference. If you do not agree with the General Terms and Conditions, the Terms of Use and our Privacy Policy, you may not place an order for Products on the Site.
5. We reserve the right to modify or update all or part of the Terms and Conditions at any time without notice. We will always publish the most recent version of the Terms and Conditions on the Site and display the ‘last updated’ date so that you are aware of the date on which the changes were made, which will be the effective date. Any changes to the Terms and Conditions will only apply to orders placed on or after the effective date.
6. The General Terms and Conditions should be read in conjunction with our Privacy Policy - which tells you how we use your personal data - and our Cookie Policy.
Product information and availability
1. Information on the Products (and the corresponding Product codes) and prices are available on the Site.
2. Some Products may not be shipped to your country. We do our best to ensure that any Product you order is available.
3. Images of Products displayed on the Site may not correspond to their actual appearance. In particular, the colors, shadows, grain, texture of the Products displayed on your screen may differ from those of the actual Product. Therefore, you must rely exclusively on the description of the Products and their characteristics as mentioned on the Site.
4. We reserve the right, in our sole discretion, to limit the quantities and/or types of Products available on the Site per person, household or per order. These restrictions may include orders placed by or under the same account, the same debit/credit card, and/or orders that use the same billing and/or shipping address.
5. We may modify a Product or one of its features or interrupt the marketing of a Product or one of its features, as described on the Site, at any time and without notice (without this affecting the orders already placed at the time of the change). During the purchasing process, we will inform you if your order cannot be processed due to the unavailability of the Products ordered.
6. If your connection to the Site fails, your selection of Products may be lost. In this case, you will need to re-enter your selection. Please note that the Products in your basket are not reserved and may be purchased by other consumers. Under no circumstances we will be liable to you for the unavailability of a Product following a failure or loss of your connection to the Site.
Price
1. The prices of the Products are indicated on the Site in euros. VAT is not applicable in the EU for our type of business. Please note that VAT and customs duties may be charged to you upon import into your country. The prices do not include delivery costs which will be added to the price of the Products, if applicable, and will be communicated to you during the order process before validation of your order.
2. We make all reasonable efforts to ensure that all prices for Products displayed on the Site are correct. However, it may happen that an error occurs and the Products are not correctly valued (incorrect price or typographical error in the price indicated). In this case, we may, at our discretion, (i) cancel the order or terminate the Agreement (depending on when the error is detected) and notify you of such cancellation or termination, or (ii) contact you and ask if you wish to purchase the Product at its actual price.
3. We reserve the right to change the price of Products at any time without notice, but such changes will not apply to Products for which you have received Order Acceptance.
Formation of the Contract – Placement of order
1. The information relating to the Products and their prices which are available on the Site do not constitute an invitation to contract and do not correspond to an offer from us to a unilateral contract.
2. To purchase Products on the Site, you must follow the instructions available during the online purchasing process either: (i) include the selected Products (subject to the restrictions referred to in article 2.4) in your basket, (ii) complete the order form with your personal information (name, address, email, telephone, delivery/billing address), (iii) select your payment method, and (iv) confirm your order on the Site.
3. If you create a user account, you will be responsible for maintaining the confidentiality of your password and restricting access to it, and you agree to be responsible for all activities and purchases made by or under your account. If you become aware of any misappropriation or unauthorised use of your password, you must notify us immediately, so that any appropriate measures can be implemented.
4. Your order constitutes a firm offer to purchase the selected Products, subject to these General Conditions, without prejudice to your right of withdrawal provided for in article 8 hereof. By placing an order, you agree to pay the price of the Products ordered.
5. All orders you place are subject to acceptance by us. Once the order has been placed, we will acknowledge receipt by email (“Order Confirmation”). This Order Confirmation does not mean, however, that your order has been accepted. We may choose not to accept your order, for a legitimate reason, in whole or in part, without liability on its part to you. Below you will find examples of cases of non-acceptance of an order:
  1. The Products are not available; Or
  2. You do not meet the eligibility conditions referred to in article 1.3; Or
  3. You have ordered too many Products (see article 2.4); Or
  4. SDSA is unable to obtain authorization for your payment; Or
  5. There is an error in the displayed price; Or
  6. In the event of activities reported or suspected of being fraudulent, illegal or unauthorised, including in the event of purchases suspected of being made for commercial purposes; Or
  7. The delivery address you provided is not valid; Or
  8. You have not respected your obligations under a previous contract signed with us.
6. The Contract concluded between us and you will only be formed after you receive an email from us confirming the dispatch of your order (“Order Acceptance”). Acceptance of order (or refusal of order) will be sent to the email address provided by you in the order. The history of accepted orders can be viewed on the Site under the “My Account – My order” tab.
7. If one or more Product(s) ordered is unavailable, we will contact you to inform you. You will only have to pay the price of the Products available.
8. The Order Confirmation/Acceptance will include in particular the order number, essential information on the Products purchased, the price and the delivery address.
9. Upon receipt of Order Acceptance, you will no longer be able to cancel or modify your order, except under the conditions provided for in the General Conditions. The Products delivered may in any case be returned under the conditions provided for in Article 8 below.
10. We may invite you to pre-order a selection of Products on the Site before they are available. The delivery time of thirty (30) days provided for in article 6.4 is not applicable to Pre-ordered Products. An estimated delivery date for the Pre-Ordered Products will be communicated to you when the order is confirmed.
Payment
1. You must pay the price of the Products (including applicable taxes), the cost of any additional services ordered (for example additional charges for ordering personalized Products) and any associated delivery costs, when ordering.
2. If your payment cannot be made for any reason whatsoever, we will cancel your order and the Contract will be terminated immediately, without us being held liable in this regard. We will notify you in writing.
3. You will be responsible for all charges that may be applied, if applicable, by your card issuer, bank or other payment institution following our processing of your credit/debit card payment.
4. For each order of Products, we will issue an electronic invoice, this method of invoicing being accepted by you. The electronic invoice will be established on the basis of the information you provided when placing the order. No modification of the electronic invoice is possible once it has been issued.
5. As a buyer, you represent and warrant that you lawfully obtained the funds used to make your purchase and that you are not engaged in any scheme to conceal the identity, source or destination of the funds with which you make your purchase. The Products are exclusively intended to be sold to end customers for their personal use. Therefore, you agree and warrant that you are not making your purchase or in connection with any operation or transaction with entities or persons subject directly or indirectly to sanctions of the United Nations, the United States, the United Kingdom, Switzerland or the European Union.
Shipping, delivery and collection
1. The Products ordered must be delivered by a delivery service selected by us (“Carrier”). The Products will be delivered to the address indicated on the order. We are not responsible in the event of difficulty linked to incomplete or incorrect information regarding your address. Please note that we do not deliver to post office boxes, transport intermediaries or hotels.
2. The Products ordered will only be shipped after we have received your full payment. If we do not receive payment in full, for any reason, we may delay or cancel shipment without liability.
3. We will take all reasonable measures to deliver the Products purchased within the estimated times which will be communicated to you when ordering before it is confirmed, except in the event of force majeure, an event beyond the reasonable of our control or in the event of any other unforeseeable circumstances. If delivery has not taken place within thirty (30) days following Acceptance of the order, you have the right to cancel the Contract; in this case, we will reimburse you, within a reasonable time, all sums paid under the Contract.
4. Upon delivery of the Products by the Carrier, you (or the person designated by you) are (is) invited to:
  1. check that the number of packages delivered corresponds to what is indicated on the delivery note;
  2. check that the packages and their packaging are intact, not damaged, not wet or altered in any way;
  3. verify that the Products delivered conform to the style, model, color, size and other characteristics of the Products as described in the Order Confirmation/Acceptance, that they are free from any apparent defect (including, although this list does not is not exhaustive, cracks, scratches, etc.) and that they are not incomplete;
  4. sign the delivery note; And
  5. If requested by the Carrier, present your identity card.
5. Any damage to the packages and/or Products, or any error in the number of packages or the documentation provided, any lack of conformity or apparent defect in the Products must be immediately mentioned in writing on the delivery note provided by the Carrier. Subject to the mandatory provisions of applicable law, once the delivery note is signed by you, you can no longer make a claim regarding the delivered packages, unless you have the right to make a claim for manufacturing defect such as defined in Article 9 below.
6. You can track the status of your submitted order by clicking on the link included in the Order Acceptance.
Transfer of risks and ownership
1. The risk of loss, damage and destruction of the Products passes to you when you (or a person designated by you who is not the Carrier) takes physical possession of the Products at the delivery address provided by you.
2. Ownership of the Products will pass to you on the date the Products are delivered to the delivery address.
Right of withdrawal/cancellation/returns
1. You have the right to terminate/cancel the Contract if you change your mind and without giving any reason within fourteen (14) days from the date on which you (or the person you have designated) take physical possession of the Products or, in the case of multiple packages delivered for the same order, from the day on which you take physical possession of the last package delivered.
2. The right of withdrawal does not apply to orders for (i) Products personalized with a monogram, (ii) any other product expressly mentioned as non-returnable at the time of submission of your order (“Non-returnable Products”).
3. To exercise your right of withdrawal, you will follow the return procedure described in the Returns Policy. Alternatively, you also have the possibility to exercise your right of withdrawal/cancellation of the Contract by sending to us, within the period referred to in Article 8.1 above:
  1. the model withdrawal/cancellation form reproduced at the end of these General Conditions, duly completed and signed by you, or
  2. a letter containing the following information: (i) indication of the Product for which you wish to exercise your right of withdrawal/cancellation; and (ii) the order number,
  3. to the following email info@kikifornell.art or via the ‘Contact Us’ form available on the Site.
4. You must return the Products purchased within fourteen (14) days from the date on which you informed us of your decision to exercise your right of withdrawal/cancellation, in accordance with Article 8.3 above, and in accordance with the instructions set out in our Return Policy.
5. The Products must be returned in their original condition, unaltered, unused, undamaged, in their original packaging, with their original tags attached and all accessories, gifts (if any) and related documents (e.g. instruction booklet, product certificates, etc.), if any, and in their undamaged box.
6. If a returned Product does not meet the return conditions, as set out in Article 8.5 above, we will return this Product to you at the address you provided in the return form, or if this address is not valid, to the address provided when you placed the order. This return will take place within thirty (30) days from the date on which we informed you of the rejection of the returned Products, except in the event of force majeure, an event beyond the reasonable control of us or any unforeseeable circumstance.
7. We will refund you all amounts paid by you, including delivery charges (it being specified that, with regard to delivery charges, the maximum refund will correspond to the delivery charges of the least expensive delivery method offered by us) within fourteen (14) days from the date on which we received the Products returned by you. We will refund you using the same payment method as that used when you placed your order. No cash refund will be made and the refund will only be made by bank transfer. Please note that we may reduce your refund to take into account the reduction in value of the Products resulting from the handling of the Products by you which exceeds what is necessary to establish the nature and characteristics of the Products.
8. Without prejudice to your rights under Article 9, we do not offer the exchange of Products. If you wish to exchange a Product, you must return the Product and place a new order.
9. The provisions of Articles 8.1 to 8.8 will apply subject to any contrary provisions in the Return Policy.
Defects of conformity – Manufacturing defects
1. If you find that a Product sold via the Site has manufacturing defects or does not conform to its description (excluding any non-conformity with the Order Confirmation/Acceptance or any apparent defects which should have been identified and indicated at the time of delivery in accordance with article 6.5), we invite you to immediately contact our Customer Service using the ‘Contact Us’ form available on the Site to arrange the repair or exchange of the Product.
2. Any lack of conformity of the Products sold on the Site to the Contract is guaranteed under the conditions provided for in Articles L.217-4 et seq. of the Consumer Code and the guarantee against hidden defects applies under the conditions provided for in Articles 1641 et seq. of the Civil Code.
  1. Under the legal guarantee of conformity, in the event of non-conformity, you have a period of two (2) years from the date of delivery of the Product to take action. You have the choice between repair or replacement of the Product, provided that the repair or replacement costs are proportionate under the conditions set out in Article L.217-9 of the Consumer Code. You are exempt from proving the existence of the lack of conformity of the Product for a period of twenty-four (24) months following delivery of the Product. However, if we demonstrate that the Product complies with the Contract, your claim will not be accepted. This guarantee is provided in addition to the guarantee against hidden defects as defined in Article 1641 of the Civil Code, according to which you can file a claim within two (2) years from the discovery of the hidden defect. In this case, you can choose between termination of the Contract or a reduction in the price of the Product, in accordance with Article 1641 of the Civil Code.
3. Any damage, alteration or modification to the Products caused by you excludes the qualification of a manufacturing defect or lack of conformity. Notably, manufacturing or conformity defects do not include, without this list being exhaustive, any damage caused by use or intensive use; improper use (such as contact with direct exposure to heat, contact with harmful external agents); normal tearing and wear; failure to comply with the applicable maintenance instructions. Similarly, variations in the colour of the stones, the presence of inclusions, or variations in the appearance of the finished product are inherent to the Product and not manufacturing defects.
Responsibility
1. In the event of a breach giving rise to claims and actions arising out of or in connection with these General Conditions, our liability shall be limited to direct damages only and our liability shall not exceed the price of the Product(s) you purchased on the Site pursuant to the Contract. We are not liable for damages and losses that could not reasonably have been anticipated on the day you accepted these General Conditions. We are not liable to you for indirect damages.
2. We are not liable for any delay or failure to comply with any of the obligations under the Terms and Conditions if the delay or failure is caused by an event of force majeure or results from any cause beyond our reasonable control or within the our reasonable control, including, without limitation, any of the following: force majeure, governmental act, war, civil war, fire, flood, earthquake, hurricane and other natural disasters, epidemic, revolution, insurrection, invasion, military or usurped power, confiscations, terrorist activities, national strikes, lockouts, embargoes, interruption or failure of information, technology, electricity or telecommunications services, breach of third parties (such as our suppliers and subcontractors) to fulfil their obligations towards us.
3. If you fail to comply with the eligibility conditions referred to in Article 1, we shall not be liable to you for any damage or loss caused to you.
Guarantee of authenticity and intellectual property
1. We guarantee the authenticity of all Products sold on the Site.
2. The trademarks, whether figurative or not, service marks, brand names, logos used on the Products, accompanying accessories and/or packaging, whether registered or not, as well as all photographs, illustrations, images relating to the Products, trade names, domain names and URLs are and remain our exclusive property or that of our licensors and are protected by applicable copyright, trademark or other intellectual property laws worldwide. We reserve all our rights in this regard.
Full agreement
1. These Terms and Conditions and any document expressly referred to in them represent the entire agreement and understanding between us in relation to the sale of Products and supersede any prior agreement, understanding or arrangement, whether oral or written.
Applicable law and competent jurisdiction
1. These General Conditions and, consequently, the Contracts concluded with you, will be governed and interpreted in accordance with French laws (without regard to the provisions relating to conflicts of laws).
2. Any dispute relating to the General Conditions and the Contracts will be subject to the jurisdiction of the competent courts of your place of residence.
3. You can access the European Online Dispute Resolution platform provided by the European Commission and available at http://ec.europa.eu/odr, for alternative out-of-court resolution of disputes that cannot be resolved between you and us.
4. In the event of an unresolved dispute with us, you may, free of charge, contact the Centre de Médiation et d’Arbitrage de Paris – CMAP (the Mediator) in order to attempt to resolve the dispute amicably. You may contact the Mediator by:
5. sending an email to: consommation@cmap.fr; or by
6. completing the form available at the following address: http://www.cmap.fr/le-cmap/nous-saisir/nous-saisir-en-mediation-de-la-consommation-2/
Notification
1. Any notification under the Terms and Conditions and Contracts will be in writing. We will send you information by email, or it will be posted on the Site.
2. Withdrawal / Cancellation Form Template

(to be completed and returned if you wish to exercise your right of withdrawal)

To [Company] [Address] [Email for returns]

I/We (1) hereby notify you (1) of my/our (1) wish to withdraw from the contract for the sale of the goods (1) for the provision of services (1) below:

Ordered on (1)/ received on (1):

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is notified on paper)

Date

General terms and conditions of sale

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