GENERAL TERMS OF SALE
General terms of sale
This translation is provided for information purposes and only the French version of our general terms of sale shall be deemed to be authentic.
The present general terms of sale govern all relations between our Company:
joint stock company with capital of 22,490€
registered in the Paris Register of Companies as number 752 937 235,
with registered Head office at 209, rue saint honoré 75001 PARIS, France
(hereafter designated as ” Kiwiibio “) ;
Any online customer (here after designated as ” CUSTOMER “) making a purchase on “kiwiibio.com” website which can be accessed at the following address:
www.kiwiibio.com (here after designated as the ” Website “).
Sales made and orders placed via the Website with Kiwiibio are governed exclusively by the present general terms of sale, any document or correspondence from the CUSTOMER being excluded.
An essential and determining condition of placing an order with Company Kiwiibio is the implied acceptance, in full and without reservation, by the CUSTOMER of the present general terms of sale.
Should Kiwiibio choose not to exercise the right to apply any of the present general terms of sale at a given time this shall not, under any circumstances, be interpreted as a renunciation by Kiwiibio to exercise the right to any of said conditions at a later date.
To place an order, the CUSTOMER should fill in the order form shown on the Website. Orders shall not be deemed to have been accepted definitively and the sales contract shall not be considered as established until confirmed by Kiwiibio.
All orders shall be invoiced in accordance with the tarifs valid on the date that the order is recorded Kiwiibio.
Kiwiibio cannot guarantee the availability of all articles offered in the Catalogue, despite every effort being made to supply said articles. In the event that an article ordered is out of stock, Kiwiibio shall substitute the missing product with a product of equal or higher quality (at no extra charge) to avoid delay in delivery, unless otherwise indicated expressly by the Customer when the order is placed.
Kiwiibio reserves the right to cancel any order placed by a CUSTOMER who has failed to pay for a previous order.
Information provided by the CUSTOMER when placing an order is binding: in the event of error, Kiwiibio shall not be held responsible where incorrect information renders delivering the product impossible.
Photographs, diagrams or drawings used to illustrate the products are provided strictly as an indication only and are not contractually binding.
Prices – Discounts
Our prices are quoted in euros and include costs of handling, packaging and preserving products.
In France and other EU countries, the prices include VAT at the rate applicable on the order date. For other countries, prices are quoted excluding VAT.
Our products are payable upon order, by bank card only (VISA, MASTERCARD).
Any unpaid sum due to insufficient funds in the CUSTOMER‘s account or due to wrongly communicated bank details on the part of the CUSTOMER is subject to a €20 fee per payment incident.
Delivery deadlines are provided as an indication only and are not guaranteed. Failure to deliver by the date specified shall not give rise to penalties for delay, damages or interest, withholding payment or cancellation by the CUSTOMER of the order, irrespective of the causes, length or consequences of the delay.
Furthermore, deadlines quoted shall be suspended ipso jure in the event of any occurrence independent of the will and/or control of Kiwiibio which results in delivery delay and notably in the event of shortage of raw materials essential to the manufacture, delayed delivery or non-delivery by any supplier to Kiwiibio, stockout of product(s) in question and any case of force majeure.
Delivery out of France Metropolitaine:
All deliveries abroad and to French departments and territories overseas are systematically delivered by ” INTERNATIONAL DELIVERY “, in accordance with the postal tarifs applicable on the order date. All postal expenses will be charged to the CUSTOMER.
Orders are dispatched by the end of the next business day. Orders are usually delivered to EU countries within a few days (4/6 days for UK, Germany, Italy, Spain, Belgium, Holland and Luxembourg – 1 week for other EU countries). For non EU countries, orders are usually delivered within 2 weeks (4 days for Switzerland and Norway).
Shipping costs are quoted automatically on the web order form, at time of checkout, based on the weight of your order and the country of delivery.
Delivery to mainland France Metropolitaine
Any order to a single address can be dispatched as follows:
by PRIORITY SHIPPPING guaranteed delivery time within 2 business days for 9 €
or, by STANDARD SHIPPING in a retailer point or at your home without signature within 4-5 business days for 5 €
All standard shipping are free for any order over 29€ (after discounts)
Signature and proof
For all online payments by bankcard, the acknowledgement supplied by the automatic payment system shall suffice as proof of the transaction amount and date, in accordance with the provisions of article 1316 and subsequent articles of the French Civil Code.
In any event, validating the order shall have the same legal force as signature and implies express acceptance of any operations carried out on the website.
Our products are dispatched at the risk of the CUSTOMER. It is the responsibility of the CUSTOMER to check the package, without fail, as soon as it is delivered by the transport company.
The CUSTOMER must send any claims with regard to damage or partial loss affecting the products delivered, by registered letter with acknowledgement of receipt to the transport company and Kiwiibio, within a period of three working days from the date on which products are received.
Moreover, any claim for visible product defects, for whatever reason, must be addressed to Kiwiibio, by registered letter with acknowledgement of receipt, within 8 (eight) days of receipt of products ordered, the CUSTOMER is deemed to have accepted the products without reservation on expiry of this period.
It is the responsibility of the CUSTOMER to supply Kiwiibio with any proof required for the claim.
In the event that the CUSTOMER‘s claim is accepted by Kiwiibio, the latter shall arrange for, at its discretion and in accordance with stocks available, the exchange or return of said products, credit notes being provided for returned products.
Right of rescinding
Right of rescinding
CUSTOMER shall dispose of a period of 14 clear days, counting from the receipt of products, to withdraw from the sale.
In the event of exchange or refund, the CUSTOMER shall inform Kiwiibio and return the product as-new, at its own cost with its original packaging intact, accompanied by any accessories, instructions and other documentation, to the following address:
209, rue saint honoré
In the event that the withdrawal right is exercised, Kiwiibio shall refund any order cancelled by the CUSTOMER, including delivery charges (excluding the cost of returning the product however), within fifteen days of receipt of the product.
In the event of partial cancellation of the order, Kiwiibio shall keep any profit from freight charges relating to the product(s) delivered(s).
In accordance with the French data protection law No. 78-17 of 6 January 1978 amended, the CUSTOMER is entitled to access, modify, rectify and remove personal data. Requests of this type should be addressed to Kiwiibio, by letter or by fax.
The automated processing of information, including management of Customer’s email has been declared to the “CNIL” under the number: 1920158 on the 01/11/2016.
Liability – Guarantee
Liability – Guarantee
Kiwiibio cannot be held responsible for damages of any kind, whether material damage, moral prejudice.
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