Conditions Générales de Ventes
Article 1: Preamble
These general conditions of sale apply exclusively between the company Kavian Paris SAS whose head office is located at Le Verger, 7 Chemin Gilles Borel 13100 Aix-en Provence FRANCE (hereinafter the "Kavian Paris") and any natural or legal person visiting or making a purchase via the site www.kavianparis.fr (hereinafter the "customer")
Any Internet user can read the General Terms and Conditions of Sale on the website www.kavianparis.fr (hereinafter the “Site”). These General Conditions of Sale may be subject to modifications, the applicable conditions are those in force on the Site on the date of placing your order.
Article 2: Conditions for placing an order The customer declares to be at least 18 years old and to have the legal capacity or to hold parental authorization allowing him to place an order on the Site.
Any order made on the Site must be lawful and correspond to the normal needs of a household.
Article 3: Order
After placing his order, Kavian Paris sends an e-mail to the customer confirming it. Kavian Paris informs it of the dispatch of your articles.
The customer nevertheless has the possibility of modifying his order until the date of dispatch of his articles.
Article 4: Electronic signature
The “validation click” constitutes an electronic signature.
This electronic signature has between the parties the same value as a handwritten signature.
Article 5: Price, availability and delivery
The prices displayed on the Site are indicated in euros, all French taxes included (French VAT and other applicable taxes), excluding postage, order processing costs and gift wrapping costs.
Kavian Paris can accept orders within the limits of available stocks. Kavian Paris provides information on the availability of items sold on the Site on the information page for each item.
If, despite the vigilance of Kavian Paris, the items are unavailable, Kavian Paris informs the customer by e-mail as soon as possible.
(i) In the event of unavailability within the times indicated, Kavian Paris reserves the right to offer the customer a replacement item of equivalent quality and price.
In this case, the return costs resulting from the possible exercise of the right of withdrawal will be borne by Kavian Paris. If Kavian Paris is unable to provide the customer with an item of equivalent quality and price or if the customer does not want this item of equivalent quality and price, he may cancel his order.
(ii) In the event of permanent unavailability, and if Kavian Paris could not provide the customer with an item of equivalent quality and price, the latter's order will be canceled automatically.
Article 6: Customs duties
Any order placed on the Site and delivered outside of France may be subject to any taxes and customs duties which are imposed when the package reaches its destination. These customs duties and these possible taxes related to the delivery of an article are the responsibility of the customer and are his responsibility. Kavian Paris is not required to verify and inform the customer of applicable customs duties and taxes. To know them, Kavian Paris advises the customer to inquire with the competent authorities of his country.
Article 7: Payment
Payment of the full price is due upon ordering.
The customer undertakes to pay the price stipulated for the product ordered on the Site (price of the products and transport) as well as to pay or have paid, if necessary, and this directly to the forwarding agent or carrier, the rights of customs, VAT or other taxes due on the occasion of the importation of the products into the country of the place of delivery.
The customer pays for his order:
- by credit card as offered on the Site. Cards issued by banks domiciled outside France must be international bank cards.
The customer guarantees Kavian Paris that he has the necessary authorizations to use the card payment method when taking the order.
- Either by check payable to Kavian Paris. Payment by bank check is only possible for checks in euros drawn on a bank domiciled in France or Monaco. In case of payment by check, the cashing of the check is made upon receipt of the check.
The check should be made payable to Kavian Paris SAS, and sent to the address below:
Kavian Paris SAS15 RUE DE L`ENCLOS
If the check is not received within 10 days of confirmation of the order by Kavian Paris or if the check is rejected by the bank, Kavian Paris reserves the right to cancel the order.
The transfer of risks to the customer occurs as soon as the products are delivered by Kavian Paris to the carrier. The products travel at the risk and peril of the customer. It is the same in case of sending or return of products carried out free of port.
During the withdrawal period, the customer is responsible for the thing as guardian. In case of deterioration or destruction of the product during the custody of the customer, the latter will suffer all the consequences.
Article 8: Returns
The customer has the right of withdrawal of seven (7) days provided for by law to return the items to Kavian Paris without having to justify a reason.
On delivery, the customer must check the content, conformity and condition of the product(s).
In the event of delays, damage, total or partial loss, or any other problem, it is up to the customer to exercise any recourse with the carrier without Kavian Paris being held liable.
Therefore, upon delivery, Kavian Paris recommends that the customer check the condition of the products delivered before signing the acknowledgment of receipt of the package.
If he finds anomalies, he must refuse delivery of the products or issue handwritten, precise and dated reservations. These reservations must be confirmed with the carrier by registered letter with acknowledgment of receipt within three (3) working days of delivery of the products. A copy will be sent to Kavian Paris.
In the event of delivery of an item that does not comply with the order, please consult Kavian Paris customer service.
Complaints for non-conformity of the product(s) delivered with the order must be made in writing directly to Kavian Paris immediately upon receipt. The customer must keep the packaging and the delivery note.
In the event of an error in the product, the customer undertakes to return the said product or the products concerned within 7 days of their receipt at Kavian Paris on the condition that they are returned without opening their packaging, in their original condition and packaging with the accompanying documents.
If Kavian Paris accepts the replacement, upon receipt of the product in good and due form, Kavian Paris will return the product initially ordered within 30 days.
In the event of non-compliance by the customer with the obligation to return the non-compliant product within the said 10-day period, Kavian Paris reserves the right to debit the bank card that the customer used for his order for an equivalent amount. the price (to which VAT is added) of the non-compliant product that the customer has not returned to Kavian Paris. In this case, a second sale subject to a suspensive condition will be considered as having been carried out by Kavian Paris. This condition precedent will be satisfied if, at the end of the 10-day period following the date on which Kavian Paris sent the customer a replacement product, the non-compliant product is not returned to him.
Article 9: Retention of title
The goods delivered will remain the property of Kavian Paris until they are dispatched and when they are handed over to the carrier, once the customer has paid the price.
Article 10: Guarantees and liability
The customer benefits from the provisions of the legal guarantee against hidden defects.
Kavian Paris declines all responsibility in the event that the item delivered does not comply with the legislation of the country of delivery other than France.
Kavian Paris undertakes to provide all the care in use in the profession for the implementation of the service offered to the customer.
However, Kavian Paris cannot be held liable in the event of a breach of its contractual obligations due to a fortuitous event or a case of force majeure as defined by the case law rendered by the French courts.
Expressly are considered as cases of force majeure, in addition to those usually retained by the jurisprudence of French courts and tribunals,
- total or partial strikes, internal or external to the company, blocking of means of transport or supply for any reason whatsoever, governmental or legal restrictions, computer breakdowns, blocking of telecommunications including networks and in particular Internet.
The occurrence of a case of force majeure will initially suspend, automatically, the execution of the order.
If beyond a period of three (3) months, the parties note the persistence of the case of force majeure, the order will be automatically cancelled, unless otherwise agreed by both parties.
Kavian Paris shall not be held liable in the event of non-substantial differences between the presentation photos of the items on the Site, texts and illustrations and the items ordered, Kavian Paris shall not be held liable.
Kavian Paris implements all the means at its disposal to provide the services covered by these General Conditions of Sale. Kavian Paris is liable for any direct and foreseeable damage at the time of use of the Site or the conclusion of the sales contract between Kavian Paris and the customer. Under no circumstances does Kavian Paris incur any liability with regard to professionals for loss of profits, commercial losses, loss of data or loss of earnings or any other indirect damage or damage which was not foreseeable at the time of use of the Site or the conclusion of the sales contract between Kavian Paris and the customer.
The limitation of liability referred to above is inapplicable in the event of fraud or gross negligence on the part of Kavian Paris, in the event of bodily injury or liability for defective products, in the event of eviction and in the event of non-compliance (including due to hidden defects).
Article 11: Site access license
Kavian Paris grants the customer a limited license to access and use the Site for their personal use. Under no circumstances is the customer authorized to download or modify all or part of this Site without the express written authorization of Kavian Paris. This license does not in any way allow the customer to use, for sale or for any other commercial use, this Site or its content (listed products, descriptions, prices, downloading or copying of information on behalf of another merchant, use data, software, sound clips, graphics, images, texts, photographs, tools).
This Site or any part of this Site must in no case be reproduced, copied, sold or exploited for commercial purposes without our express written authorization.
The customer must not use techniques allowing the copying of a brand, logo or any other information (in particular images, text, models) owned by Kavian Paris without its express written consent. The customer must not use meta tags or any other "hidden" text containing the name of Kavian Paris, its brand or that of the companies in its group without its express written consent. Any unauthorized use will terminate the license that Kavian Paris has granted to the customer.
Kavian Paris authorizes the customer, on a non-exclusive and revocable basis, to create a hypertext link pointing to the home page of the Site on the condition that this link cannot create a misleading character for Kavian Paris or its products or services, false, pejorative or potentially harmful. Under no circumstances will the creation of this hypertext link engage the responsibility of Kavian Paris, for any reason whatsoever, on the content of the client's site. Any use in the link of the Kavian Paris logo, its brand or its graphics requires its express written authorization.
Article 12: Protection of personal data
Kavian Paris is committed to protecting the customer's personal data. All personal data concerning him that is collected by Kavian Paris is treated with the strictest confidentiality, in accordance with the provisions of our personal data protection policy.
Article 13: Proof
The computerized registers, kept in Kavian Paris' computer systems under reasonable security conditions, will be considered as proof of communication, orders and payments between the parties.
Archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
Article 14: Intellectual property
Kavian Paris holds the intellectual property rights on the site and the right to distribute the items appearing in the catalog of the electronic store and in particular the photographs for which it has obtained the necessary authorizations from the persons concerned.
Consequently, the partial or total reproduction, on any medium whatsoever, of the elements making up the site and the catalog, their use and their provision to third parties are strictly prohibited.
Article 15: Applicable law and competent jurisdiction
These general conditions of sale are subject to French law and the Vienna Convention on contracts for the international sale of goods. All disputes relating to the commercial relationship between the customer and Kavian Paris are subject to the non-exclusive jurisdiction of the French courts.
Article 16: Identification
Kavianparis.fr is a trademark used to define Kavian Paris