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PRIVACY POLICY

TERMS AND CONDITIONS OF SALE

PREAMBLE 

 

The Seller is a publisher of Kimel Sport's products and services exclusively destinated for consumers, marketed through its websites (www.shopkimel.com). The list and description of goods and services offered by the company can be consulted on the above mentioned sites 

 

ARTICLE 1: OBJECTS AND GENERAL DISPOSITIONS 

Our Following General conditions of sale determine the rights and obligations of different part through online products sale process proposed by Seller. 

The present General Conditions of Sale determine the rights and obligations of the parties in the context of the online sale of Products offered by the Seller.

 

These General Terms and Conditions of Sale (GTCS) apply to all sales of Products, made through the Company's websites, which are an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify these Terms and Conditions at any time by publishing a new version on its website. The applicable GTC shall be those in effect on the date of payment (or the first payment in the case of multiple payments) of the order. These GTC are available on the Company's website at the following address: https://www.shopkimel.com. The Company also ensures that their acceptance is clear and without reserve by putting in place a checkbox and a validation click. The Client declares that he has read all of these General Terms and Conditions of Sale, and, if applicable, the Special Terms and Conditions of Sale related to a product or service, and accepts them without restriction or reservation. The Customer acknowledges that he/she has received the necessary advice and information in order to ensure that the offer meets his/her needs. The Customer declares that he/she is legally able to contract under French law or that he/she can validly represent the individual or legal entity for which he/she is contracting. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.

Translated with www.DeepL.com/Translator (free version)

 

ARTICLE 2: PRICE AND PAYMENT.

 

The price of the products sold through the websites are showed in Euros all taxes included and precisely determined on the describing product pages. They are also indicated in euros on the order page of products, and excluding specific shipping costs. For all products shipped outside European Union or/and French overseas departments and territories, the price is automatically calculated exclusive of taxes on the invoice. Custom duties or/and any other local taxe or import duties or/and state taxes might be payable in some cases. Those added rights and sums are not on the responsibility of the Seller, and shall be on the responsibility of the Buyer (declarations, payment to the competent authorities etc...). The Seller invites the Buyer to inquire about these aspects with the corresponding local authorities. The Company reserves the right to modify its prices at any time in the future. The telecommunication costs necessary for access to the Company's websites shall be borne by the Customer. Where applicable, delivery costs shall also be borne by the Client.

ARTICLE 3: CONCLUSION OF ONLINE CONTRACT.

The Customer must follow a series of steps specific to each Product offered by the Seller in order to place an order. However, the steps described below are systematic: Information on the essential characteristics of the Product; Choice of the Product, if necessary of its options and indication of the essential data of the Customer (identification, address...); Acceptance of the present General Conditions of Sale. Verification of the elements of the order and, if necessary, correction of errors. Follow-up of the payment instructions and payment of the products. Delivery of the products. The Customer will then receive confirmation by e-mail of the payment of the order, as well as an acknowledgement of receipt of the order confirming it. For delivered products, this delivery will be made to the address indicated by the Customer. For the purpose of the order, and in accordance with Article 1316-1 of the Civil Code, the Customer agrees to provide true identification. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.

ARTICLE 4: PRODUCTS AND SERVICES.

 

The main essential characteristics of goods, services and their price are made available to the buyer on the company's websites. The Customer certifies that he/she has received a detailed description of the delivery costs as well as the terms of payment, delivery and execution of the contract. The Seller undertakes to honour the Customer's order within the limits of available stocks of Products only. In the event of failure to do so, the Vendor shall inform the Customer. This contractual information is presented in detail and in French. In accordance with French law, it is summarized and confirmed during the validation of the order. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The duration of validity of the offer of the Products as well as their prices is specified on the Company's websites, as well as the minimum duration of the proposed contracts when they concern a continuous or periodic supply of products or services. Except under special conditions, the rights granted hereunder are granted only to the natural person who signs the order (or the person who holds the email address provided). In accordance with the legal provisions concerning conformity and hidden defects, the Seller exchanges defective products or products that do not correspond to the order, but does not refund them. The exchange can be requested in the following way:

 

  • Contact the Seller by filling the Contact Form available at www.shopkimel.com.

  • Ask for Return informations of the product (identification, address ...).

  • Send the product to the communicated address and name by Seller. The product must be returned in the condition in which the Customer received it. The product must never have been worn, used or damaged. The shipping costs of the return package are the responsibility of the Customer. Upon receipt of the package, the Seller will exchange the product (excluding shipping costs).

 

ARTICLE 5: PROPERTY.

 

The products shall remain at the Company's property until complete payment of the price.

ARTICLE 6: DELIVERY CLAUSE.

 

The products are shipped to the delivery adresse that was indicated when ordering. The delay of the delivery doesn't take in count the delay of preparing the order (this delay may be extended on periods of pre-order and sales promotion). When the client orders  several products at the same time, they may have different delivery times. In case of late delivery, the Customer has the possibility to cancel the contract under the terms and conditions defined in Article L 138-2 of the Consumer Code. The Seller shall then proceed to reimburse the product and the "outbound" costs in accordance with Article L 138-3 of the Consumer Code. The Seller reminds that when the Customer takes physical possession of the products, the risks of loss or damage of the products are transferred to him. It is the Customer's responsibility to notify the carrier of any reservations about the delivered product.

 

ARTICLE 7: AVAILIBILITY AND PRESENTATION.

The order will be treated in the average limit of the available stocks or reserves available at our providers. In case of some products unavailibility for a period that exceeds 30 Business days, you will be immediately notified of the predictible delays of shipping, and the order could be canceled on customer's demand. The Client can after ask for a invoice credit or a refund.

ARTICLE 8: PAYMENT.

 

The payment is chargeable immediately at ordering, including order on pre-command. The client could pay by credit card or paypal. The cards coming from banks located out of France should necessarily be international ( Mastercard or Visa ). 

The secure online payment 

The secure online payment by credit card is made by our payment provider. The information transmitted is encrypted according to the rules of the art and cannot be read during transport. Once the payment is initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with Article L. 132-2 of the French Monetary and Financial Code, the commitment to pay by card is irrevocable. By communicating his banking information at the time of the sale, the Customer authorizes the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or the impossibility of debiting the card, the Sale shall be immediately cancelled by operation of law and the order cancelled.

 

ARTICLE 9: CANCELLING AND RETURNS.

The Seller does not do refunds on bought products.


The client needs to contact the SAV of the Seller to share his decision ( order cancelling or exchange returns), precising what products will be sent back in exchange and, if applicable, those requested in exchange, if necessary with payment of an additional price), before sending the products back.


An immediate written confirmation (by e-mail, fax or post) will be requested to avoid cancellations by persons other than the customer. The seller will then specify the procedure to be followed for the reshipment (in particular, a return number will be transmitted). The seller reserves the right to refuse the return of products that do not comply with the instructions provided. Losses and damages during transport will be fully charged to the customer. No compensation or refund will be required if the instructions provided by the seller have not been followed.


The customer will be responsible for the entire cost of returning the products.
In case of obvious abuse, abnormal repetition of cancellations and/or exchanges by a customer, etc., the seller will be able to invoice the customer for its management costs, cancellation and/or exchange and/or to refuse to honor all or part of the customer's subsequent orders, for a given period or definitively.

 

Returns - Exchanges - Additional price:

 

If the products requested in exchange are of a higher amount, the customer will have to make the payment of the difference before shipping the new products. Conversely, if the amount is less than the initial amount, the customer account will be credited with the difference.
The shipment of the new products can only be made after the return of the exchanged products and under the condition that the exchange is actually possible, considering the condition of the returned products.

In the event of pure and simple cancellation of an order, the customer will receive a transfer or a check of refunding (under 14 days at most). The fixed costs of processing and shipping of the order and/or the transfer costs can be deducted from this refund. The right of withdrawal follows the same rules but on all the Products composing the order.

 

In any case, the products cannot be returned and/or exchanged if they have been damaged by the customer and/or during transport. The right to exchange or refund will only apply if the products are returned in perfect condition, packed in their original packaging, complete and showing no trace of shocks, scratches, wear, rubbing, malfunction and no obvious trace of use. The seller reserves the right to refuse the exchange or refund of products received in return that do not strictly respect these conditions.

 

ARTICLE 10: WARANTY.

 

In accordance with the law, the seller assumes two guarantees: of conformity and relative to the hidden defects of the products. The Seller exchanges the products apparently defective or not corresponding to the order made.

The Seller reminds that the consumer :

 

  • Has a period of 2 years from the delivery of the goods to act with the seller/

  • That he can choose between the replacement or the repair of the good subject to the conditions

  • That he can choose between the replacement or the repair of the good subject to the conditions provided by the art. apparently defective or not corresponding.

  • That he is exempted from proving the existence of the lack of conformity of the good during the six months following the delivery of the good.

That, except for used goods, this period will be extended to 24 months from March 18, 2016.

That the consumer can also assert the guarantee against hidden defects of
the thing sold within the meaning of Article 1641 of the Civil Code and, in this case, he can choose between the resolution of the sale or a reduction of the sale price (provisions of Articles 1644 of the Civil Code).

ARTICLE 11: COMPLAINTS.

 

If applicable, the Buyer can present any claim or complain by contacting the company on following informations : fill the contact form available on  www.shopkimel.com and send it via website.

ARTICLE 12: INTELECTUAL PROPERTY RIGHTS .

 

The brands name, products, software, pictures, videos, text's name or in general any information that regards intelectual property rights are and shall remain on the exclusive property of the Seller. No intelectual property right cession is applied through above this  present GSC. All reproduction total or partial, modification or use of this goods for any reason is strictly forbidden.

 

ARTICLE 13: FORCE MAJEURE.

 

The execution of the Seller obligations in terms of this present ones is suspended in case of a " force majeur " that will not allow its execution. In case this is applicable, the Seller shall notify the client of this sort of issue as soon as possible 

 

ARTICLE 14: NULLITY AND CONTRACT MODIFICATION.

If any of these stipulations of this present contract is cancelled. This nullity will not lead to the nullity of other stipulations that shall remain between parts. 

ARTICLE 15: PROTECTION OF PERSONNAL DATA

Conformément à la Loi Informatique et Libertés du 6 janvier 1978, vous disposez des droits d’interrogation, d’accès, de modification, d’opposition et de rectification sur les données personnelles vous concernant. En adhérant à ces conditions générales de vente, vous consentez à ce que nous collections et utilisions ces données pour la réalisation du présent contrat. En saisissant votre adresse email sur l’un des sites de notre réseau, vous recevrez des emails contenant des informations et des offres promotionnelles concernant des produits édités par la société et de ses partenaires. Vous pouvez vous désinscrire à tout instant. Il vous suffit pour cela de cliquer sur le lien présent à la fin de nos emails ou de contacter le responsable du traitement (la Société) par lettre RAR.

 

ARTICLE 16: THE LIMITATION OF LIABILITY CLAUSE 

Il est stipulé une clause limitative de responsabilité du Vendeur pour la réalisation de la prestation à 1 euro.

All clauses contained in these general terms and conditions of sale, as well as all purchase and sale transactions referred to herein, shall be governed by French law.

 

ARTICLE 17: APPLYABLE RIGHTS.

All the clauses appearing in the present general conditions of sale, as well as all the operations of purchase and sale which are aimed there, will be subjected to the French law.

Privacy Policy

 

 

KIMEL respects the privacy of all users of its site and ensures that personal data submitted is treated confidentially. We use your contact information to process orders as quickly and easily as possible. For all other purposes, we will only use your contact information with your explicit consent. KIMEL will not sell your personal data to third parties and will only make it available to third parties involved in processing your order.

 

KIMEL uses the data collected to provide its customers with the following services:

 

1. If you place an order, we need your name, e-mail address, shipping address and payment details to process your order and to inform you of the status of your order.

 

2. In order to make your shopping at KIMEL as pleasant as possible, with your consent we store your personal data and all data concerning your order and the use of our services. This allows us to personalize our website and to recommend items that may be of interest to you.

 

3. With your consent, we use your personal data to inform you about website developments and special offers and promotions. If you do not wish to be notified, you can unsubscribe from each mailing or send an email to info@shopkimel.com.

 

4. If you create an account with KIMEL, your details will be stored on a secure server. Your KIMEL account is used to store data such as your name, phone number, email and shipping address, so you will not have to resubmit them with a new order.

 

5. Data regarding the use of our site and feedback from our visitors helps us to develop and improve our site.

 

6. If you respond to a promotion or contest, we will ask for your name, address and e-mail address. We use this information to process the promotion, publish the winner(s) and measure the response to our marketing campaigns.

Your personal data is safe at KIMEL. We appreciate your trust and will therefore treat your personal data with the utmost care. Your details will be protected and treated confidentially at all times. When you place an order or access your kimel account, we use one of the most secure and modern techniques. Your personal data is always protected and kept confidential.

 

 

Cookies are tiny pieces of information that your browser stores on your computer. KIMEL uses cookies to recognize you on your next visit. Cookies allow us to collect information about the use of our services and to improve and modify them to meet the wishes of our visitors. Our cookies provide information regarding personal identification. You can change your browser settings to not receive cookies when you shop at KIMEL.

 

If you have any questions about KIMEL's privacy policy, please send an email to info@shopkimel.com. This route is used to further assist you if you need information about your personal data or wish to change it. You have the express right to change your personal data. If a change in our privacy policy is necessary, you can always find the latest information on this page.

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