ARTICLE 1 - CHAMP D'APPLICATION
These General Terms and Conditions of Sale (known as "GTCS") apply, without restriction or reservation to all sales concluded by the Seller ("Kama Radiance") with non-professional buyers ("You"), wishing to acquire the products offered for sale ("The Products") by Kama Radiance at https://store.kamaradiance.com.The products offered for sale on the site are the following:Clothing, footwear, bags, jewellery, fashion accessories, cosmetics, spices, art objects, decorative objects and others
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 https://store.kamaradiance.com, including the Customer ("You") is required to read before ordering.The choice and purchase of a product are the sole responsibility of the Customer. The offers of Products are understood within the limit of available stocks, as specified during the placing of the order. These Terms and Conditions are available at any time on https://store.kamaradiance.com and will prevail over any other document.
The Customer declares that he has read and accepted these Terms and Conditions by ticking the box provided for this purpose before the implementation of the online ordering procedure for https://store.kamaradiance.com.Unless proven otherwise, the data recorded in Kama Radiance’s computer system constitutes proof of all transactions concluded with the Customer.Identification:Kama Radiance, SASShare capital of 1000 EurosRegistration in the RCS of Paris, under the number 897700803
The Products Featured on https://store.kamaradiance.com are offered for sale in France.In case of order to a country other than metropolitan France, the Customer is the importer of the Products 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 shall be the sole responsibility of the Customer.
ARTICLE 2 - PRICES
The Products are provided at the applicable rates listed on https://store.kamaradiance.com when the order is registered by Kama Radiance.The prices are expressed in Euros, excluding VAT.
The rates reflect any discounts that would be granted by Kama Radiance at https://store.kamaradiance.com.The rates are firm and not reviewable during their validity period, but the seller reserves the right out of validity period to change the price at any time.The 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 the placing of the order.The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.An invoice is drawn up by Kama Radiance and made available to the Customer at the e-mail address given at the time of the order, as well as in his Customer Area.
ARTICLE 3 - ORDERS
It is the Customer’s responsibility to select the Products it wishes to order on the https://store.kamaradiance.com site, in accordance with the following terms:Fill in your virtual shopping cart by indicating the selected Products and the desired quantities, click on the "ORDER" button and provide the delivery and payment information. You can make any useful changes to your shopping cart by going back to the previous pages. In case of prolonged inactivity during the connection, it is possible that the selection of the Products chosen before this inactivity is no longer available. You are then invited to resume the selection of the Products from the beginning; confirmation of the order: confirmation of the order entails acceptance of the GTCS and forms the contract.You will need to choose a delivery address and delivery method. You alone are responsible for a delivery failure due to a lack of details or an error in the contact details of the delivery address. The amount in shipping costs will be indicated when the order is validated.After confirming the method of payment and making the payment for the Products, you are deemed to have accepted the price and description of the Products.
Your order is subject to acceptance by Kama Radiance. Kama Radiance reserves the right to refuse the order if it is abnormal, made in bad faith or for any other legitimate reason, and in particular, where there is a dispute concerning the payment of a previous order and/or where the quantities ordered are abnormally high.Kama Radiance will confirm the acceptance of your order by sending an email, which will formalize the conclusion of the contract of sale of the Products. Any modification of your order is subject to the acceptance of Kama Radiance, which cannot be refused without reasonable reason.
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 report any error immediately.Any order placed on the https://store.kamaradiance.com site constitutes the formation of a distance contract between the Customer and Kama Radiance.Kama Radiance 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 may follow the evolution of his order on the site.
ARTICLE 3 BIS - CUSTOMER SPACE - ACCOUNT
In order to place an order, the Customer is asked to create an account (personal space).To do this, he must register and fill out the form that will be offered to him at the time of his order and undertakes to provide sincere and accurate information about his marital status and his contact details, including his email address.The Customer is responsible for updating the information provided. He is informed that he can modify it by logging into his account.
To access his personal space and order history, the Customer must identify himself using his username and password which will be communicated to him after his registration and which are strictly personal. As such, the Customer shall refrain from any disclosure. Otherwise, it shall remain solely responsible for the use that will be made of it.The Customer may also request to unsubscribe by sending an email to: contact@kamaradiance.com. It shall be effective within a reasonable period of time.
In the event of non-compliance with the general terms and conditions of sale and/or use, the https://store.kamaradiance.com site will have the possibility to suspend or close a Customer’s account after formal notice sent electronically and remained without effect.Any deletion of an account, regardless of the reason, causes the deletion, pure and simple, of all personal information of the Customer.Any event due to force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in case of maintenance, does not engage the responsibility of Kama Radiance.
The creation of the account leads to the acceptance of these general conditions of sale.
ARTICLE 4 - TERMS OF PAYMENT
The price is paid by secure payment in accordance with the following terms:
payment by credit card
PayPal
or payment by bank transfer to Kama Radiance’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 are exchanged in encrypted mode using the protocol defined by the authorised payment provider involved for banking transactions carried out on the https://store.kamaradiance.com site.
Payments made by the Customer will only be considered as final after effective collection by Kama Radiance of the sums due.Kama Radiance will not be obliged to proceed with the delivery of the Products ordered by the Customer if the latter does not pay the price in full to him under the conditions indicated above.
ARTICLE 5 - DELIVERIES
The Products ordered by the Customer are delivered in metropolitan France or in the following areas: Germany, Austria, Belgium, Spain, Italy, Luxembourg, Netherlands Portugal.
Deliveries take place within 3-5 days when the Products are in stock and 30 days when the products are out of stock, at the address indicated by the Customer when ordering on the site.
Delivery consists of the transfer to the Customer of the 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 delivery.Kama Radiance undertakes to make its best efforts to deliver the products ordered by the Customer within the aforementioned deadlines.
If The Products ordered have not been delivered within 30 days after the indicative date of delivery, for any reason other than force majeure or the Customer’s act, the sale may be resolved at the written request of the Customer under the conditions provided for in Articles L216-2, L216-3 and L241-4 of the consumption code. The sums paid by the Customer will then be returned to him later within 14 days following the date of the termination of the contract, upon the performance of any compensation or withholding.The deliveries are made by an independent carrier, at the address mentioned by the Customer at the time of the order and to which the carrier can easily access. Kama Radiance offers the Customer a list of carriers to choose when ordering.
Where the Customer has himself arranged to use a carrier which he chooses himself, delivery shall be deemed to have been effected as soon as the Products ordered by Kama Radiance have been delivered to the carrier who has accepted them without reservation. The Customer therefore acknowledges that it is the carrier’s responsibility to deliver the transported goods.In case of special request of the Customer concerning the conditions of packaging or transport of the Ordered Products, duly accepted in writing by Kama Radiance, the related costs will be subject to a specific additional billing, on a quotation previously accepted in writing by the Customer.
The Customer is required to check the status of the delivered products. it has a period of 14 days from delivery to make complaints by mail, mail, accompanied by all the supporting documents (photos in particular). After this period, and failing to comply with these formalities, the Products shall be deemed to be compliant and free from any apparent defects and no claim shall be validly accepted by Kama Radiance.Kama Radiance will refund or replace, as soon as possible and at its own expense, the Delivered Products whose defects of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in articles L217-4 and those provided for in these Terms and Conditions.
The transfer of the risk of loss and damage relating to it will only be carried out when the Customer takes physical possession of the Products. The Products therefore travel at the risk of Kama Radiance unless the Customer has chosen the carrier himself. As such, the risks are transferred when the goods are handed over to the carrier.
ARTICLE 6 - TRANSFER OF OWNERSHIP
The transfer of ownership of the Kama Radiance Products to the Customer will only be carried out after full payment of the price by the latter, regardless of the date of delivery of said Products.
ARTICLE 7 - RIGHT OF WITHDRAWAL
Under the terms of Article L221-18 of the Consumer Code " For contracts providing for the regular delivery of goods during a defined period, the period shall run from the date of receipt of the first item of property.The right of withdrawal can be exercised online, using the attached withdrawal form and also available on the website or any other statement, unambiguous, expressing the wish to retract and in particular by post or e-mail addressed to Kama Radiance with the postal or e-mail details indicated in ARTICLE 1 of the GTCS.Returns are to be made in their original state and complete (packaging, accessories, labels, instructions...) allowing their marketing in new state, accompanied by the purchase invoice.Damaged, soiled or incomplete products are not included, as well as underwear and food products.The costs of return remaining at the expense of the Customer.
The exchange (subject to availability) or refund will be made within 14 days from the receipt, by Kama Radiance, of the Products returned by the Customer under the conditions provided for in this article.
ARTICLE 8 - LIABILITY OF THE SELLER - GUARANTEES
Kama Radiance is subject to the conditions of legal guarantees provided by the provisions of Articles 1641 and following of the Civil Code and Article L211-1 of the Consumer Code.Kama Radiance is obliged to deliver goods in accordance with the contract and is liable for defects of conformity existing at the time of delivery of the goods.Kama Radiance also responds to defects in conformity resulting from the packaging.
To comply with the GTCS, the Product must be fit for the usual intended use of a similar good and:match the description given by Kama Radiance
present the qualities you can legitimately expect with regard to the public statements made by the seller, such as in advertising or labelling.The action resulting, if any, from the lack of conformity shall be prescribed after two years from the issue of the good.Kama Radiance is bound by the guarantee because of the hidden defects of the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the customer would not have acquired it, or would have given only a lower price, if he had known them.
The action resulting from the disadvantages must be brought by the purchaser within two years of the discovery of the defect.You will find references to article L 211- 4, 5 and 12 of the Consumer Code as well as articles 1641 and 1648 of the Civil Code:Article L.211-4 of the French Consumer Code: The seller is obliged to deliver a good in accordance with the contract and is liable for defects of conformity existing at the time of delivery. It shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation when the latter has been charged to it by the contract or has been carried out under its responsibility. Article L.211-5 of the French Consumer Code: To comply with the contract, the property must:
1) Be fit for the customarily expected use of a similar good and, if applicable: - correspond to the description given by the seller and possess the qualities which he has presented to the buyer in the form of a sample or model;
- to present the qualities which a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling; 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 knowledge of the seller and accepted by the latter. Article L.211-12 of the French Consumer Code: The action resulting from the lack of conformity is prescribed after two years from the issue of the good. Article 1641 of the Civil Code: if he had known them. Article 1648 of the Civil Code: The action resulting from the repulsive defects must be brought by the purchaser within two years from the discovery of the defect.
ARTICLE 9 -PERSONAL DATA
The Customer is informed that the collection of his personal data is necessary for the belly of the Products by Kama Radiance as well as for their transmission to third parties for the delivery of the Products. these personal data are collected solely for the purpose of carrying out the sales contact.The Customer is also informed that the collection of his personal data is also necessary in view of the following purposes:Provide and improve the Services and our products
For invoicing and payments
Identification and authentication
Targeted Marketing
General research
The aggregate reports
To contact the Customer
To inform the Customer of Kama Radiance news
9.1 Collection of personal dataThe personal data collected on the store.kamaradiance.com website are as follows:Opening an accountWhen creating the Customer account:title, last name, first name, e-mail, date of birthOrderDelivery address, billing address, measurements for custom items.
PaymentAs part of the payment of the Products offered on the store.kamaradiance.com site, the latter records financial data relating to the Customer’s bank account or credit card.9.2 Recipients of personal data The personal data are used by Kama Radiance and its co-contractors for the performance of the contract and to ensure the efficiency of the sale and delivery of the Products.The categories of co-contractors are:Transport providers
The providers payment institution
The designers and shoemakers partners
9.3 Responsibility for processingThe data controller is Kama Radiance, within the meaning of the Data Protection and Freedoms Act and as of 25 May 2018 of Regulation 20106/679 on the protection of personal data.9.4 Limitation of processingUnless the Customer expressly consents, his personal data shall not be used for advertising or marketing purposes.9.5 Duration of data retentionKama Radiance shall retain the data thus collected for a period of 5 years, covering the time of prescription of the applicable contractual liability.
9.6 Security and ConfidentialityKama Radiance implements organizational, technical, software and physical measures related to digital security to protect personal data against unauthorized alterations, destruction and access. However, it should be noted that the Internet is not a completely secure environment and Kama Radiance cannot guarantee the security of the transmission or storage of information on the Internet.9.7 Implementation of Customer and User Rights
Pursuant to the regulations applicable to personal data, Customers and users of the store.kamaradiance.com website have the following rights:They can update or delete their data by sending an email to contact@kamaradiance.com or directly in their personal space.
They can delete their account by contacting contact@kamaradiance.com
They can exercise their right of access to know their personal data by writing to contact@kamaradiance.com
If the personal data held by Kama Radiance is inaccurate, they may request that the information be updated by contacting contact@kamaradiance.com
They may request the deletion of their personal data in accordance with applicable data protection laws by contacting contact@kamaradiance.com
They may also request the portability of data held by Kama Radiance to another partner
Finally, they may object to the processing of their data by Kama Radiance.These rights, as long as they do not conflict with the purpose of the processing, may be exercised by sending a request by mail or e-mail to the Data Controller who is not other than Kama Radiance.Kama Radiance must respond within a maximum of one month.In case of refusal to grant the Customer’s request, the latter must be justified.
The Customer is informed that in case of refusal, he may lodge a complaint with the CNIL (3 place de la Fontenoy, 75007 PARIS) or refer it to a judicial authority.The Customer may be asked to tick a box under which he agrees to receive informative and advertising emails from Kama Radiance. He will always be able to withdraw his agreement at any time by contacting Kama Radiance or by following the unsubscribe link.
ARTICLE 10 - INTELLECTUAL PROPERTY
The content of store.kamaradiance.com is the property of Kama Radiance and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an infringement offence.
ARTICLE 11 - APPLICABLE LAW - LANGUAGE
These Terms and Conditions and the operations resulting therefrom are governed by and subject to French law.These GTCS are written in French. In the event that they are translated into one or more foreign languages, only the text in French shall prevail in the event of a dispute.
ARTICLE 12 - DISPUTES
For any complaints, please contact Customer Service at the postal and e-mail address of Kama Radiance indicated in ARTICLE 1 of these Terms and Conditions.
The Client is informed that it can in any case resort to a conventional mediation, to the existing sectoral mediation isntances or to any alternative method of settlement of deferens (conciliation, for example) in case of dispute.In the present case, the mediator-designate isThe Office of the E-Commerce Ombudsman of FEVAD60 rue la Boétie75008 PARISE-mail: mediateurduecommerce@fevad.comThe Client is also informed that it may also use the Online Dispute Resolution (OLR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All disputes in which the purchase and sale transactions concluded pursuant to these Terms and Conditions and which have not been the subject of an amicable settlement between Kama Radiance and the Customer or by mediation, shall be submitted to the competent courts under the conditions of ordinary law.
ANNEXE I
Withdrawal formDate ___________________________________This form must be completed and returned only if the Customer wishes to withdraw from the order placed on the store.kamaradiance.com site unless excluded or limited to the exercise of the right of withdrawal according to the applicable Terms and Conditions.Attn: SAS, Kama Radiance
128 RUE LA BOÉTIE 75008 PARISI hereby notify the retraction of the contract relating to the following goods:Order from (insert date)
Order number: ......................................................................
Client Name: ..............................................................................
Customer Address: .................................................................................
Signature of the Customer (only in case of notification of this paper form)