Terms of service

Last update: 17/02/2020.

NB: these General Terms and Conditions of Use of the Site form a contractual whole with the Privacy Charter (RGPD). You can consult this charter by clicking here

This website, accessible at the URL https://www.kriss-laure.eu (the "Site"), is published by: the company KRISS-LAURE EUROPE, a Société en Nom Collectif with a capital of 100,000 euros, having its registered office in FRANCE at SAINT-NAZAIRE (44600) - 47 Boulevard de l'Université - Parc Océanis, registered with the Trade and Companies Register of SAINT-NAZAIRE, FRANCE under the number 82125970200024.

(Hereinafter referred to as "the Seller").

The site is hosted by Shopify Inc. whose head office is located at 150 Elgin Street, Suite 800, Ottawa, Ontario K2P 1L4, Canada.

Phone number: 1-613-241-2828.

The Director of Publication of the Site is Brice Lelaure.

The Seller's Customer Service can be contacted :

     By telephone: 0800 760 60 (free call) at the following times 09h00 - 17h00 from Monday to Friday, excluding public holidays in France.

    By the contact form: https://kriss-laure.eu/pages/contact

 

These general terms and conditions of sale (the "General Terms and Conditions") apply exclusively to the sale of products marketed by the Vendor on the Site (the "Products") to any consumer and non-professional wishing to benefit from them (the "Customer").

The General Terms and Conditions provide, in particular, for the conditions of purchase, payment and delivery of the Products ordered by the Customer. The Customer may refer to the description of each Product appearing on the Site in order to know the characteristics of the latter.

The placing of an order for Products on the Site implies, on the part of the Customer, the prior acceptance without restriction or reservation of the General Terms and Conditions, which the Customer declares to have read.

The General Terms and Conditions are made available to Customers on the Site where they can be directly consulted and can also be communicated to him on request by any means.

The price and essential characteristics of each Product are described in a technical data sheet appearing on the Site and published, as the case may be, by the Seller. This technical data sheet may include descriptions, photographs and graphics which are provided for illustrative purposes only and may be modified/updated on the Site by the Seller.

The Products offered comply with French legislation and European CE standards in force at the time the order is placed.

Product and price offers are valid as long as they are visible on the Site, within the limits of the stocks available at the Seller, except in the case of special operations whose validity period is specified on the Site.

The fact that the Seller presents Products on the Site does not constitute a marketing obligation, in particular in the event of stock shortage, unavailability of the Products or the impossibility of marketing the said Products, for whatever reason.

In the event that one or more Products are unavailable following the placing of an order, the Seller shall inform the Customer in writing of the waiting period for receipt of the temporarily unavailable Product(s). In this case :

   the Vendor may, with the Customer's agreement, offer a product of the same nature as that initially ordered at the same price;

    the Customer will have the choice to wait for the availability of the missing Product(s) in order to receive the totality of his order in a single shipment;

    the Customer may cancel the order completely; or

    the Customer may cancel the order of the unavailable Product(s) and thus receive the other Products included in the order.

Access to the Site is possible from a computer, a smartphone or a tablet by connecting to the Site. The use of the Site requires a high-speed internet connection and mobile internet connection where applicable.

The Clients are personally responsible for setting up the computer and telecommunications means allowing access to the Site. Each Customer guarantees the sincerity and accuracy of the information provided for the purposes of his order.

Any Customer wishing to purchase Products online on the Site must :

    Choose the product(s)

    Fill in your details in the payment form (Civility, Surname, First name, Address, Postal code, City, Country, Email.);

    Confirm its acceptance of the General Terms and Conditions ;

    Make payment for the Products.

Unless expressly stated on the Site, the Customer may not modify his order after having validated it, which will be firm and definitive.

Upon receipt of payment for the Products included in the order, the Seller shall send the Customer an e-mail confirming the order to the e-mail address provided by the Customer.

The order confirmation e-mail summarizes the essential characteristics of the Product(s) ordered, the total price, and any other relevant information.

By placing an order on the Site, the Customer expressly accepts that the Vendor will send him an invoice electronically. However, he may obtain a paper invoice by sending his request to Customer Service.

In order to combat fraud, the Seller or its payment service providers may be required to ask the Customer for additional proof of payment or to contact the Customer when the order is accepted and/or dispatched. In the event of unjustified refusal by the Customer to provide the information and/or proof requested, the Vendor reserves the right not to accept or to cancel the order without this being subject to any dispute whatsoever.

The Seller also reserves the right not to accept or to cancel the order of any Customer who has provided erroneous information, who does not pay for the Products, with whom there is a dispute over payment of a previous order or who has an abnormally high order level.

The Products are sold at the Seller's price list in force on the Site on the day of the order, expressed in euros, inclusive of tax and exclusive of charges. The prices are firm and non-revisable during their period of validity. Any special request from the Customer after the order and generating costs (packaging, transport, etc.) will be subject to additional invoicing to the Customer. Any price reductions, discounts and rebates may be applied to the Products under the conditions provided for on the Seller's Web Site or in any other document communicated to the Customer. In the event of a promotional rate, the Seller undertakes to apply this rate to any order placed during the promotional period.

Any change in the prices resulting from an increase in value added tax or the creation of any new tax based on the price of the Products will be immediately and automatically applied.

Billing

The Products are invoiced and the price is due in full and payable in cash on the day of the order.

Method of payment

The Customer expressly acknowledges that any order placed on the Site is an order with an obligation to pay, which requires payment of a price for the Products under the aforementioned conditions.

The Site uses the online payment solution QuickPay.

Orders can be paid for using one of the following payment methods:

   Payment by credit card. Payment is made directly on QuickPay's secure bank servers. The Customer's bank details do not transit on the Site. The bank details communicated during payment are protected by an SSL (Secure Socket Layer) encryption process. The credit cards are those accepted by the Vendor's payment solution. Payment via these bank cards is made in cash, without discount.

Transport

The delivery of the Products ordered by the Customer may not take place until the Customer has made the effective payment of the amount referred to in the above article.

The Customer's Order is delivered by a carrier.

The Products can be delivered in the following geographical areas: Belgium, Luxembourg.

The Customer shall be solely responsible for any non-delivery due to a lack of information at the time of the Order.

Delivery Time

The delivery times provided at the time of the orders are given only as an indication according to the availability of the Products ordered and the delivery times applied by the carriers.

In the absence of any indication, the Seller shall deliver the goods without undue delay and no later than thirty days after the conclusion of the contract. Delivery shall be made to the address indicated by the Customer when placing the order. Delivery means the transfer of physical possession or control of the Product to the Customer.

Conformity of delivery

The number and condition of the Products must be checked by the Customer at the time of delivery.

Any risk of loss or damage to the goods shall pass to the Customer at the time the Customer takes physical possession of the goods.

It is recommended to refuse delivery if the package has been damaged, opened or repackaged and if there are no precise and detailed reservations on the delivery note. The Seller invites the Customer to immediately check the contents of the package and to contact it immediately if a product is found to be damaged or missing in relation to the list on the delivery note. The Seller recommends that the Customer reiterate its protests and reservations to the carrier within three days of receipt, in order to allow for the retention of any recourse against the carrier.

If the Customer fails to comply with the above-mentioned procedure, the Customer shall be presumed to have waived any action against the Seller and/or the carrier and to have received the goods in conformity and in good condition. Consequently, the Seller shall not accept any claim, return or request for credit from the Customer.

Claims

The Customer must address any complaints to the Seller, whether by telephone, via the contact form or by post.

In any event, the Seller retains full and complete ownership of the Products until the Customer has fulfilled all of its obligations and in particular until full payment of the price of the Products.

Principle

The Customer has a withdrawal period of fourteen (14) clear days from the day of receipt of the Products. In the event that this period expires on a Saturday, Sunday or a public holiday or day off, it is extended until the first following working day.

The Customer may notify his decision to withdraw from his order of Products by means of a clear and unambiguous statement to the Seller's postal or e-mail address.

Return procedure

The Customer has a cooling-off period of 14 days from the delivery of the Product.

For orders relating to several goods delivered separately, the withdrawal period shall run from the day on which the Customer takes physical possession of the last Product. In order to exercise the right of withdrawal, the Customer must notify the Seller of his decision to withdraw by means of a declaration free of any ambiguity.

It is recommended that the Customer use the electronic form available on the CONTACT section of the Website or presented at the end of this document.

As from the notification of withdrawal, the Customer has a period of 14 days to return, at his own expense, the Products to the following address : SNC KRISS LAURE EUROPE - Service Retours - 47 Boulevard de l'Université - Parc Océanis - 44 600 SAINT NAZAIRE, FRANCE.

The Customer must attach to the returned Products any indication allowing his identification (Surname/First name, address, order number).

The costs related to the shipment of the Products, within the framework of this request for retraction, are entirely at the expense of the Customer.

The Customer may be held liable in the event of depreciation of the Products resulting from manipulations other than those necessary to establish the nature of the Products. Any Product whose packaging is incomplete, unsealed, open or torn or any anomaly making it unsuitable for resale may not be reimbursed even if it has been returned to the Seller by the Customer.

The Customer shall return the Products in their original condition and packaging, accompanied by the invoice, and any accessories, instructions and documentation provided at the time of purchase, to the Seller's postal address.

When the returned Products were accompanied, at the time of delivery, by items offered as part of a promotional offer, these items must also be returned by the Customer in order to exercise the right of withdrawal.

Only products returned complete, in perfect condition, in their original packaging and with the invoice will be accepted.

Otherwise, the return will be considered as a non-compliant return and no refund will be made by the Seller, the return of the Products to the Seller being borne by the Customer.

The return is made at the risks and under the entire responsibility of the Customer, who is free to choose the method of sending the Products and to take out or not an insurance policy in case of loss, theft or destruction of his package. The return of Products with postage due is not accepted.

The Seller shall not be held liable for the non-receipt of the package from the Customer, the risks and expenses related to the return of the Product being borne by the Customer.

Reimbursement

Reimbursement of the Products shall be made within fourteen (14) days from the day on which the Seller was informed of the Customer's decision to withdraw from the order. However, the Seller may defer reimbursement until the date of receipt of the returned Product or until the consumer has provided proof of shipment of the Products, whichever is earlier. Refunds will only be made after the Seller has verified that the Products are

In case of payment by credit card or electronic wallet, the refund will be made directly to the Customer's account.

The Vendor endeavours to ensure that the Site is accessible and functions properly twenty-four hours a day, seven days a week.

However, the Seller cannot exclude the possibility that access to and operation of the Site may be interrupted, in particular in the event of force majeure, malfunctions in the Customer's equipment or Internet network, failure of telecommunications operators, interruption of electricity supply, abnormal, illegal or fraudulent use of the Site by a Customer or a third party, a decision by the competent authorities, or for any other reason.

The Seller also reserves the right to make any changes and improvements to the Site and Services of its choice related to technical developments or proper operation.

General and temporary interruptions to the Site will, as far as possible, be notified via the Site before they occur, except when these interruptions are of an emergency nature.

The Seller shall not be liable in the event that the failure to perform its obligations is attributable to the Customer, to the unforeseeable and insurmountable act of a third party to the contract or to a case of force majeure, including, but not limited to, unforeseeable events such as strikes, work stoppages, social unrest, plant closures, floods, fires, production or transport failures not attributable to his personal fault, supply disruptions, wars, riots, insurrections and more generally any circumstance or event preventing the Seller from properly performing his obligations.

The Seller shall not be liable for any indirect or consequential damages or losses such as financial loss, loss of opportunity, loss of profit, loss of contract, loss of order, loss of customers, operating loss, commercial prejudice or disturbance, or damage to image, which may result from the delivery of non-compliant or defective Products or the non-delivery of Products.

In any event and in all cases of return, if the Seller's liability should be retained, it may in no case go beyond the purchase price of the goods paid by the Customer.

Any legal action by a Customer against the Seller shall become time-barred after the expiry of one (1) year following the date on which the Customer concerned became aware or is presumed to have become aware of the harmful event.

The computerized registers, kept in the computer systems of the Seller and its partners under reasonable conditions of security, will be considered as proof of the communications and actions of the Customers and the Seller. The archiving of these elements is carried out on a reliable and durable medium in such a way as to correspond to a faithful and durable copy within the meaning of the applicable regulations.

Each Customer acknowledges the evidential value of the Site's automated registration systems and declares that he waives the right to contest them in the event of a dispute.

For more information concerning the use of personal data by the Vendor, please read carefully the Privacy Policy (the "Policy"). You may consult this Charter at any time on the Site by clicking here.

The hypertext links available on the Site may refer to third party or partner sites. They are provided solely for the Customer's convenience, in order to facilitate the use of the resources available on the Internet. If the Client uses these links, he will leave the Site and then agrees to use the third party sites at his own risk or, where applicable, in accordance with the conditions that govern them.

In any event, the existence of a hypertext link to the Site from a third party site or on the Site to a third party or partner site shall not engage the Vendor's liability in any capacity whatsoever and in particular as regards the availability, content and products and/or services available on or from this third party or partner site.

The Customer is not authorised to create on a third party site one or more hypertext links connecting to the home page of the Site or to its profile page, except with the prior written authorisation of the Vendor.

Despite our best efforts to verify and control the content of our product pages, it may be possible that you will find errors. If you notice a difference between a statement physically present on our products or brochures and the content of a page on our website, we would be grateful if you would inform us so that we can correct it.

You can reach us here:

    On 0800 760 60 at the following times 09h00 - 17h00 from Monday to Friday

    Via the contact form by clicking here.

The Seller is the sole owner of all content present on the Site, including, without limitation, all texts, files, images, whether animated or not, photographs, videos, logos, drawings, models, software, trademarks, visual identity, database, structure of the Site and all other intellectual property elements and other data or information that are protected by French and international laws and regulations relating in particular to intellectual property.

Consequently, none of the Contents of the Site may be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way, whether free of charge or in return for payment, by a Customer or by a third party, regardless of the means and/or media used, whether known or unknown to date, without the prior written authorisation of the Seller, and the Customer shall be solely responsible for any unauthorised use and/or exploitation.

In addition, any extraction, integration, compilation, or use for commercial purposes of information contained in the databases accessible on the Site, as well as any use of software, robots, data mining systems and other data collection tools is strictly prohibited to Customers.

However, the Seller grants Customers, subject to their compliance with these General Terms and Conditions, a non-exclusive and non-transferable right to access, download and print the content present on the Site of which it has full ownership, for personal and non-commercial use.

Images and videos used proprietary or licensed from Shutterstock.com or Adobe Stock.  

If any of the stipulations of these General Terms and Conditions were to be declared null or inapplicable for any reason whatsoever in application of a law, a regulation or following a court decision that has become final, it would be deemed unwritten and the other stipulations would remain in force.

The fact that the Seller does not avail himself temporarily or permanently of one or more of the stipulations of the General Terms and Conditions shall in no way entail a waiver.

The Seller reserves the right to modify at any time and without notice the content or location of the Site and these Terms and Conditions.

Any use of the Site or order resulting from a modification to the General Terms and Conditions shall imply acceptance by each Customer of said modifications. The most recent and current version of the General Conditions will always be available at the following address: https: //kriss-laure.eu/policies/legal-notice.

When the modifications made to the General Terms and Conditions are considered substantial, they may be brought to the attention of the Customers by e-mail and may be accepted by them the next time they connect to the Site.

The Customer is informed that he is free to have recourse free of charge to a consumer mediator with a view to the amicable resolution of a dispute between him and the Seller. The Customer is informed of the existence of the platform put online by the European Commission, the purpose of which is to collect any complaints arising from online purchases by European consumers and then to transmit the cases received to the competent national mediators: http://ec.europa.eu/consumers/odr/.

 

Cross-border complaints and disputes

The European Consumer Centre has a service providing advice and assistance to consumers in the event of a dispute with a company established in another Member State of the European Union, Norway or Iceland.

European Consumer Centre

Rue de Hollande, 13

1060 Brussels

Tel: +32 2 542 33 89

Fax: +32 2 542 32 43

E-mail: info@cecbelgique.be

Website: http://www.cecbelgique.be

All disputes to which the General Terms and Conditions may give rise, concerning their validity, interpretation, execution, termination, consequences and consequences, will be submitted to the court of the Customer's place of residence if the Customer is acting as a private individual. If it turns out that the Customer placed the Order in the context of a professional activity, only the Commercial Court of SAINT-NAZAIRE (FRANCE) is deemed competent.

These General Terms and Conditions and the operations arising therefrom are governed by and subject to European law. They are written in French. In the event of translation into one or more foreign languages, only the French text shall be authentic in the event of a dispute.

Model withdrawal form

(The Customer completes and sends this form to the Seller only if he wishes to withdraw from the contract of sale).

For the attention of KRISS-LAURE EUROPE 47 Boulevard de l'Université - Parc Océanis, 44 600 SAINT-NAZAIRE, France :

I hereby notify you of my withdrawal from the contract concerning the sale of the Products below:

Customer No:

Order No. :

Ordered on:

Last name/First name :

Address :

Signature :

Date: