 |
|||||||||
|---|---|---|---|---|---|---|---|---|---|
| french | links | ||||||||
|
General terms and conditions 1. Purpose The purpose of these General Terms of Sale is to define the rights and obligations of the parties in the selling of products proposed Kyo-design. No other general or special term and conditions communicated by the customer shall neither be included in, nor depart from these General Terms. Should one or several clauses of these General Terms be considered as being non valid or is declared to be so in accordance with an act, a rule or pursuant to definitive ruling of a competent Court, the remaining clauses will remain valid. 2. Changes to the Terms Kyo-design.com reserves the right, in its sole discretion, to change, modify, add or remove any portion of the Terms in whole or in part, at any time. Changes in the Terms will be effective when notice of such change is posted on Kyo-design's homepage. Your continued use of the Site after any changes to these Terms are posted will be considered acceptance of those changes. You should periodically check the policy link on hilow's homepage to view the then current Terms. 3. Product and Service Details We reserve the right to change any services, product prices, product specifications and availability at any time. All prices and descriptions supercede all previous publications. All sizes are approximate. We cannot guarantee that colours and details in images are accurate representations of the product. 4. Ordering You can order online, by calling our orderline on +33 320 308 253 or by visiting some partner shops -please email us to know their locations. For countries outside Europe , in order to get better freight costs, please email or call us. By signing the Order Form the client agrees to abide by the Terms and Conditions. Any order form signed by the customer by an "approval click" shall constitute an irrevocable commitment which can only be challenged in the cases restrictively listed in this Agreement in Section "Right of withdrawal" and "Damaged Goods". The contract shall only be effective upon Kyo Design's confirmation of the order. The customer will receive an acknowledgement of receipt by fax, mail or e-mail to confirm the order including all elements (such as list of ordered products, price, date of delivery, shipping costs, etc.). Kyo-design reserves the right to cancel items ordered or an entire order for any reason whatsoever and will refund the full price paid for each cancelled item. In such circumstances we will endeavour to contact you without delay to explain why a cancellation was necessary. For orders where products are specially requested by the customer (items not featured in our product catalogue) no cancellation facility is available. Trade or large volume orders may also be excluded from cancellation but the purchaser will be made aware of this prior to the order being accepted. 5. Customs and taxes A - VAT The regulations are fixed by the European Union. In case of a d elivery to a country member of the European Union, the i nvoicing will include French VAT. For d eliveries outside the European Union, i nvoicing is free of French VAT. 6. Evidence Computer-based registers, recorded in the computer system of Kyo-design in reasonable conditions of security shall be deemed to be the evidence of the communications, orders and payments that have occurred between the parties. Order forms and invoices are stored on a reliable and permanent medium to constitute a mean of evidence. 7. Prices and payments Prices are subject to change without notice. Kyo-design reserves the right to make price adjustments if it is discovered that the price is incorrect or to protect us from prices rises for reasons such as a supplier price increase, new taxes and currency fluctuations. The price quoted on our website is inclusive of France value added tax, but does not include delivery. Please save your receipt and identify if it is eligible for a VAT refund in your country. For legal reasons we will not be able to accept credit card payments over 800,00 €uros. If need be, please then pay by check or by bank transfer. 8. Transfer of ownership and risks Title of the goods does not pass to the Customer until payment is received in full. Under those circumstances, and upon Kyo-design's request, the customer shall return any product for which the payment has not occurred. The customer shall pay for any costs in connection therewith. The responsibility and risk in the Goods shall pass to the buyer at the point of delivery and Kyo-design shall have no responsibility in respect of the safety of the goods thereafter. Failing receipt of the payment ten (10) days from the confirmation of the order by Kyo-design or in case of rejection by the bank, Kyo-design is entitled to cancel the order. 9. Right of withdrawal The customer shall have a period of seven (7) working days as from the delivery to return any product which do not suit him, at his expenses, for exchange or refund, pursuant to Section L. 121-16 of the French Consumption Code. If this period expires on Saturday, on Sunday, or on holiday, it will be extended to the next working day. The product must be returned in its original condition and packaging. It shall neither have been used, nor have suffered any damage, and shall be in a perfectly clean condition. This right of withdrawal can be exercised without any penalty, except for the return costs. The customer will be refunded for the sums paid within a maximum of thirty (30) days as from the receipt of the product. For this purpose, the customer will inform Kyo-design of his bank account number. 10. Delivery 10.1 Delivery is currently paying for every order. 10.2 The delivery period commences with the reception of the payment. We aim to dispatch your order within ten (10) working days, subject to availability. 10.3 For multi-item orders where we are out of stock of an item we will make every effort to contact you. Failing that, as a principle, we will send the items we have in stock and the outstanding items will follow-on at no extra charge, unless instructed otherwise. We will e-mail you when your order is dispatched to confirm delivery details. 10.4 In the unlikely event that the entire order cannot be fulfilled after thirty (30) days date of foreseen delivery- any outstanding products will be refunded in full. We will not be responsible for any other losses due to not supplying the goods and no damages will be given by Kyo-design. 10.5 All our orders are sent by Colissimo, a mail service from the French Post Office. Every order will have its own delivery control, so that you can see the status of your shipment. Every order will be delivered for signature. Products are delivered to the address indicated by the customer in the order form. 10.6 Orders may be sent with parcel companies who will attempt delivery on a weekday without notice. In the event of the customer's absence at the time of the delivery, the carrier will leave a delivery notice at the delivery address given by the customer. The products shall be collected at the address indicated by the carrier and according to the carrier's instructions. For France , after 2 attempts for delivery (each time a delivery notification will be left in your mailbox), you will then have to go to your Post Office to recover your order, within 15 days. For foreign countries, if a third delivery becomes necessary the cost will be charged to the customer as required by the parcel handler. If after the period indicated by the carrier or La Poste, the customer has not collected the products, the products will be returned to Kyo-design which reserves its right to refund to the customer the price of the products, the reshipment will then be payable by the customer. 10.7 Where the Customer does not comply with our attempts to deliver the goods we may, at our discretion, cancel the entire or part of the order and charge the Customer for storage, shipping and insurance of the goods and make a charge for any shortfall in subsequent sale price. Any delivery surcharges applied are also applied again in the event of a return due to non delivery or a cancellation after the goods have been dispatched. 11. Reception of your order Please open and check your order before signing the delivery note. If need be, please do not hesitate and make (a) reservation(s). Once you have signed the delivery note, you are assumed to have made the inspection/verification. If the box/packaging is open or damaged, please check if the product is damaged. If need be, you have to refuse the delivery and let us informed as soon as possible. 12. Returning items For all the products sold on www.kyo-design.com , the customer has 8 days to contest the delivered product(s) by email contact@kyo-design.com or by fax +33 320 300 212. Important : All items must be returned unused, in perfect condition and in their full original clean packaging which must not be marked or written on. Please also include your order and customer details with the package as we cannot process a refund without these. Items must be returned within 21 days date of delivery. We cannot accept returns of any items after this period. If you do not receive your order, or if a part of the order is missing, please email or call us within 1 year. No claim/complaint will be acceptable after that date. 13. Force majeure It is expressly understood that are considered as cases of force majeure, in addition to those which are usually retained by the case law in France - total or partial strikes, interruption of transport facilities or of procurement for any reason whatsoever, legal or governmental restrictions, computer breakdown, interruption of telecommunications including communication networks and especially internet. Should a case of force majeure occurs, the fulfillment of the order will in a first step be suspended. If after a three (3) months period, the parties ascertain the continuance of said case of force majeure, the order will be automatically cancelled, unless otherwise agreed by both parties. 14. Warranty In order to avoid any trouble, products are verified by Kyo-design before their shipment. However, the customer shall be entitled, for all defective products, to a one (1) year contractual warranty as from the date delivery subject to compliance with the recommendations set forth in the user documentation and the directions for use enclosed with the products. In any case the statutory warranty against hidden defects provided for under the French Civil Code (Section 1641 et seq.) shall be enforceable. Kyo-design undertakes to repair or return an identical product at its expenses, except in case of stock out or a withdrawal of the concerned product from the range proposed by Kyo-design. In this latter case, Kyo-design will refund the customer. To be protected by this warranty please inform us by email contact@kyo-design.com or by fax +33 320 300 212. 15. Changes to the Site Kyo-design.com may, in its sole discretion, terminate, change, suspend or discontinue any aspect of the Kyo-design.com Site, temporarily or permanently, including the availability of any features of the Site or access to any parts of the Site, at any time without notice to you, and you agree that Kyo-design.com shall not be liable therefore. 16. Trademarks and Copyright All content included on the website, such as pictures, text, graphics, logos, images, is the property of Kyo-design and is protected by France and international copyright and database right laws. You may not systematically extract and/or re-utilise parts of the contents of the website without Kyo-design's express written consent. Hilow is a registered trademark of Kyo-design in the European Union and/or other jurisdictions. Kyo-design's trademarks may not be used in connection with any product or service that is not Kyo-design's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Kyo-design 17. Privacy policy We respect your privacy and only hold information required to process your orders. We do not pass your telephone number, email address or details to any other organisations other than to process your order or as required by law. We do not make sales phone calls and will only call you if we have an issue with an order you have placed. All information we hold on you is kept securely and confidentially as required by the Data Protection Act 1998. The information we ask of you through the checkout process is the minimum required to process your order. From time to time we would like to inform you by email of sale events, new product launches or special offers from Dwell Retail Limited. If you do not wish to receive emails from us, please send an email to contact@kyo-design.com saying that you do not wish to receive further emails of this sort. We will still send you order confirmation, despatch confirmation emails and the like related to orders you have placed. We may use technology to track the patterns of behaviour of visitors to our site. This can include using a "cookie" which would be stored on your browser. You can usually modify your browser to prevent this happening although this will prevent certain features from working. The information collected in this way can be used to identify you. If you have any questions/comments about privacy, please email us. 18. Litigation This Agreement is governed by the French Law, for both the substantive and procedural rules. THE PARTIES AGREE THAT, IN THE EVENT OF A DISPUTE ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT FOLLOWING OR IN APPLICATION OF THIS AGREEMENT, AND IF NO AMICABLE SETTLEMENTS WERE REACHED, THE COMPETENT JURISDICTION WILL BE THE COURTS OF THE REGISTERED OFFICE OF KYO-DESIGN, NOTWITHSTANDING THE CASE OF PLURALITY OF DEFENDANTS, OR EMERGENCY PROCEDURE. 19. Address and phone number Kyo-design / Hilow : Head Office : 36 rue de l'arbrisseau, 59000 Lille Téléphone : +33 320 308253 - Fax : +33 320 30 02 12 - Email : contact@kyo-design.com Kyo design, Sarl capital 11400 € SIRET: 441 394 814 00020 Rcs LILLE N° CEE : FR-12 441 394 814 |
|---|
