The online store site www.kapa-dokya.com was set up by HERITAGE Company, which is the operator of this site. Any order of a product appearing in the online store www.kapa-dokya.com website requires prior consultation of these terms.
Consequently, the consumer is fully informed that his agreement concerning the content of these conditions does not require the signature of this document, as far as the customer wishes to order online the products presented in the framework of the shop website. The consumer has the option to save or print these general conditions, given that both the backup editing this document are under his sole responsibility. The consumer, prior to his order, declares that the acquisition of these products is not directly related to his professional activity, their acquisition being reserved for his personal use. As a consumer, the customer has specific rights, which would be called into question in the event that the products or services acquired through the website would actually be related to his professional activity. The online shop set up by HERITAGE Company in the website lists the following information:
1. Disclaimer enabling precise identification of the company HERITAGE
2. Presentation of the essential characteristics of the goods offered
3. Indication, in euros of the price of goods and, where appropriate, delivery charges
4. Indication of the terms of payment, delivery or performance
5. Existence of a right of withdrawal
6. Period of validity of the offer or the price
7. All this information is also presented in French language. In case of contradiction between the provisions contained in documents of different language, the provisions of the document in French language will prevail. The consumer states having full legal capacity to engage under these terms and conditions.
These terms represent all obligations of the parties. In this sense, the consumer is deemed to accept without reservation all the provisions of these terms and conditions. No general or specific condition in documents sent or given by the consumer may be incorporated herein, since these documents are inconsistent with these conditions.
These general conditions are intended to define the rights and obligations of parties under the online sale of goods and services offered by the company HERITAGE to consumers.
Article 3: Contractual documents
This contract contains the following contractual documents, presented in descending order: these terms and conditions; purchase order. In case of contradiction between the provisions contained in documents of different ranks, the provisions of the higher rank document shall prevail.
Article 4: Entry into force - duration
These conditions come into force on the date of signing the purchase order. These general conditions are concluded for the duration necessary for the provision of goods and services, until the expiry of the guarantees owed by the company HERITAGE.
Article 5: Electronic Signature
The "double click" consumer under the purchase order constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.
Article 6: Order Confirmation
The contractual information will be confirmed towards e-mail no later than the time of delivery or failing that, to the address specified by the consumer in the order form.
Article 7: Proof of the transaction
The records stored in computer systems of company HERITAGE within reasonable security conditions, will be considered proof of communications, orders and payments between the parties. The filing of purchase orders and invoices is made on a reliable and durable medium which can be produced as evidence.
Article 8: Product Information
8-a: HERITAGE The company presents on its website products to sell with the features necessary to allow compliance with Article L 111-1 of the Consumer Code, which provides the possibility for the potential consumer to know before taking final order the essential characteristics of products they wish to buy.
8-b: The offers presented by the company HERITAGE are valid only within the limits of available stocks.
Article 9: Price
Prices are quoted in euros and are valid at the date of mailing of the order by the consumer. They do not include delivery charges, charged extra, and indicated before the validation of the order. The prices include the value added tax applicable on the date of the order and any change in the value added tax rate will be reflected in the price of products from the online store. Payment of the full price must be made when ordering. At no time, payments can be considered as a deposit or installments.
Article 10: Payment
To set the order, the consumer has, at its option, all payment methods listed in the order form. The consumer guarantees company HERITAGE it has the required permission to use the payment method chosen by him, while validating the order. HERITAGE The Company reserves the right to suspend any order management and delivery in case of refusal to authorize payment by credit card from the officially accredited bodies or in case of nonpayment. The company HERITAGE reserves particularly the right to refuse delivery or to deliver an order from a consumer who would not have fully paid a previous order or with whom a payment dispute is currently being under administration. HERITAGE The Company has implemented an order check-out procedure to insure no one is using the bank details of another person without his knowledge. As part of this audit, it will ask the customer to send by fax to the company HERITAGE a copy of a photo ID and proof of address. The order will be confirmed after receipt and verification by us of parts delivered.
Article 11: Availability of products
The order will be executed no later than within 3 days from the next day after the consumer has placed his order. In case of unavailability of the ordered product, especially because of our suppliers, the consumer will be informed at the earliest and will have the opportunity to cancel the order. The consumer will then have the option of requesting either a refund of amounts paid within 30 days at the latest of their payment, or exchange of the product.
Article 12: Product Warranty
According to Article 4 of Decree No. 78-464 of 24 March 1978, the provisions hereof may not deprive the consumer of the legal guarantee which requires the seller to guarantee against all consequences of latent defects of the thing sold. The consumer is expressly informed that the company HERITAGE is not the producer of the products featured in the website within the meaning of Law No 98-389 of 19 May 1998 concerning liability for defective products. Therefore, in case of damage to a person or property by a defective product, only the responsibility of the producer thereof may be sought by the consumer on the basis of the information on the packaging of the product.
Article 13: Right of withdrawal
The consumer has a period of 10 working days to return, at its expense, the products which do not suit him. This period starts from the date of delivery of the order of the consumer. If this deadline falls on a Saturday, Sunday or a holiday, it is extended to the next business day. All returns must be reported prior to the Customer Service HERITAGE company: - primarily by phone +33 (0) 4 78 28 02 68 Tuesday to Saturday from 10:30 to 19:30 - by logging on our website under the heading "follow your order "where, after entering your customer number, you can get your order number. The product should be returned by Colissimo Recommended to KAPADOKYA, 9 rue d'Algérie 69001 LYON. Products returned will be accepted only if in their original packaging complete and intact and in perfect condition for resale. Any product that has been damaged or whose original packaging has been damaged, will not be refunded or exchanged. This right of withdrawal is without penalty, except for return shipping costs. Assuming the exercise of the right of withdrawal, the consumer has the option of requesting either a refund of amounts paid, or an exchange of the product. In the case of an exchange, the re-shipment will be at the consumer's expense. Upon exercise of the right of withdrawal, the HERITAGE Company will make every effort to refund the consumer within 15 days. The consumer will then be refunded by crediting his bank account (secure transaction) if paid by credit card or Paypal.
Article 14: Force majeure
Neither party will have failed in its contractual obligations, insofar as their execution is delayed, hindered or prevented by a fortuitous event or force majeure. Be considered fortuitous event or force majeure any compelling facts or circumstances, outside parties, unpredictable, inevitable, independent of the will of the parties and which cannot be prevented by them, despite all efforts reasonably possible. The party affected by such circumstances shall notify the other within ten working days of the date on which it becomes aware. Both parties will then, within a month, except impossibility due to force majeure, examine the impact of the event and agree upon the conditions under which the contract will be continued. If the force majeure lasts more than three months, these terms may be terminated by the injured party. Explicitly, are considered as force majeure or unforeseeable circumstances beyond those usually retained by the jurisprudence of French courts and tribunals: blocking means of transportation or supplies, earthquakes, fires, storms, floods, lightning; stop telecommunication networks or difficulties specific to telecommunication networks to the customers.
Article 15: No partial validation
If one or more provisions of these terms are held to be invalid or declared as such under any law, regulation or following a final decision of a competent court, other provisions shall remain in full force and scope.
Article 16: No waiver
The failure of either party not to claim a breach by the other party to any obligations contained in these Terms will not be construed in the future as a waiver of the obligation in question.
Article 17: Title
In case of difficulty in interpretation between any of the titles at the head of clauses, and any of the clauses, the titles will be declared nonexistent
Article 18: Applicable law
These general conditions are subject to French law. This applies to the fund rules as to the rules of form. In case of dispute or claim, the consumer will apply primarily to the company HERITAGE for an amicable solution.
Article 19: Data Protection