GENERAL CONDITIONS OF SALE - 2022“KMD MOBILIER, UNIPESSOAL LDA.” (hereinafter “KMD”) Head office: Avenida da Industria 273, 4585-781 Vandoma Tax registration number: 515 044 792 is the owner of the site www.kulile.fr (hereinafter the “SITE”)
These General Terms and Conditions of Sale (hereinafter GTC) are applicable exclusively to the online sale of KMD products on the kulile.fr website.
These T&Cs exclusively govern online sales contracts for KMD products to buyers who are consumers (hereinafter the CUSTOMER) and constitute, with the order form, the contractual documents binding on the parties, excluding any other documents, prospectuses, catalogs or photographs of the products, which have only an indicative value.
The use of the SITE automatically assigns the condition of CUSTOMER to all natural or legal persons who have placed an order with the KMD company, through its kulile.fr site.
The purchase of products via the kulile.fr site implies knowledge and unreserved acceptance by the CUSTOMER of these GTC.
We recommend that you take the time to read the T&Cs because they govern the contractual relations related to your use of the SITE and the services offered there. By ticking the box provided for this purpose, you indicate that you have read and accepted our T&Cs.
- KMD sells furniture and decorative accessories.
- The images used on the kulile.fr site are exclusively intended to illustrate the article indicated and do not constitute a contractual document.
- Without prejudice to the previous paragraph, wooden items are subject to change in color and appearance depending on exposure conditions, such as temperature and light.
- KMD assumes no responsibility for differences between the images of the articles displayed on the SITE and the articles delivered, when this is due to the natural imperfections of the wood.
- Unless expressly stated otherwise, other products shown with the item displayed in the image are not included in the price.
- The purchase of KMD items on the SITE is prohibited for users under the age of 18 (eighteen).
- These T&Cs apply generally to all contractual relationships established between the CLIENT and KMD.
- When the CUSTOMER is a company, all the general conditions of sale practiced by the latter which are divergent, contradictory or complementary to these General Conditions of Sale do not form part of the contract between the Customer and KMD, unless KMD expressly consents thereto.
- REALIZATION OF THE ORDER
Orders are placed and received only via the SITE.
- To place an order, you must validate your basket by clicking on the "order" button and provide information relating to delivery and payment method. The order is final from the effective receipt of payment by KMD.
- The CUSTOMER may cancel the order, free of charge, by written communication sent to the e-mail firstname.lastname@example.org, provided that this is done before receipt of the order confirmation by KMD; after receipt of this confirmation, the order cannot be cancelled.
- The processing of the order is conditional on the full payment of the price by the CUSTOMER as well as the acceptance thereof by KMD. Within five (5) days of receipt of the order and payment, KMD will send the Customer an order processing confirmation email.
- Any modification (and in particular modification of the delivery address or telephone, spelling of a name or any other information) of the order after confirmation thereof by KMD is subject to acceptance by KMD.
- KMD reserves the right to refuse any order for legitimate reasons and, more particularly, if the quantities of items ordered are abnormally high or in the event of a payment problem. KMD reserves the right to request any additional document proving the CLIENT's identity.
- KMD reserves the right to refuse any order in the event that the price displayed and paid by the CLIENT is inaccurate due to a technical or computer malfunction.
- The prices indicated on the SITE are indicated in Euros, and include VAT at the legal rate in force.
- Costs related to transport and/or any other additional service are broken down in a section separate from that relating to the price of the item.
- The sale prices of the items do not include delivery and/or furniture assembly services.
- KMD reserves the right, at any time, to modify the sale prices and the amount of the costs mentioned in the previous paragraph, but without affecting orders prior to the price modifications.
- AVAILABILITY OF ITEMS
4.1. The availability of the articles indicated on the SITE, as well as the delivery times, are forecasts and are conditioned by third parties.4.2. KMD reserves the right to discontinue the sale of items published on the SITE without notice.
- TRANSFER OF RISK
6.1. KMD undertakes to do its best to respect all deadlines agreed with the CLIENT.
6.2. For products that are not in stock, the manufacture of the item ordered by the CUSTOMER requires a period of 3-4 weeks, for products requiring finishing work, and 5-6 weeks for products to be manufactured. These deadlines are from the date on which KMD sends the CLIENT the confirmation of his order.
6.3. Without prejudice to the provisions of the preceding paragraph, if the article requires a particular and unusual manufacturing process, the manufacturing time may be extended by four (4) weeks and the CUSTOMER must be informed of this when the order is confirmed by KMD.
6.4. However, if KMD is unable to meet the manufacturing deadline agreed with the CUSTOMER, the CUSTOMER undertakes to grant an extension of the deadline of 8 (eight) weeks from the day on which the CUSTOMER announces in writing that KMD is late in manufacture or, in the case of production times organized according to the schedule, at the end of the period in question.
6.5. In the event that KMD does not manufacture the items at the end of the extension period subsequently agreed between the parties, the CLIENT may terminate the contract.
6.6. To the period of manufacture of the article mentioned in the previous numbers, is added the delivery time, which can vary according to the carrier and the address indicated by the Customer.
7.1. For deliveries in continental Europe, KMD uses specialized transport companies (carriers).
7.2. The delivery time from the dispatch of the order is 7-10 working days (excluding Saturday and Sunday) with DPD or DHL.
7.3. For reasons of better organization of deliveries and taking into account the unforeseen events that may occur daily, it is not possible for KMD to set an appointment with a specific time for deliveries. For this reason, the CLIENT will be contacted directly by the carrier.
7.4. Deliveries will be made to the address indicated by the CLIENT on the SITE.
7.5. Deliveries are made on working days.
7.6. The CUSTOMER must unpack the item in the presence of the carrier and sign a delivery note to certify the conditions of the item, in particular with regard to any damage due to transport or manufacturing defects.
7.7. If the dimensions and characteristics of the item ordered by the CUSTOMER make it impossible to transport it to the CUSTOMER's home, KMD undertakes to inform the CUSTOMER of these difficulties and, if despite everything, the CUSTOMER maintains the delivery of the items in question, the risks are his responsibility.
7.8. Upon receipt of your order, you must imperatively check the condition of your packages and your furniture in the presence of the deliverers. Any anomaly noted must be immediately specified on the delivery note in the presence of the delivery person. If the packaging is damaged, do not accept the package and write “refusal, damaged package”. If the anomaly is detected after delivery, write to us by email at email@example.com within 24 hours.
7.9. We will only be able to file a claim with the carrier if you provide us with: photos of the damaged package and furniture and if you keep all the packaging for the return.
- IMPOSSIBILITY TO DELIVER BECAUSE OF THE CUSTOMER
- RIGHT OF FREE WITHDRAWAL.
9.1. The CUSTOMER has a right of withdrawal for fourteen days (Sundays and public holidays included) from the date of receipt of the products. To exercise his right of withdrawal, the Customer must contact KMD.
9.2. Conditions for returning an item: To be returned in the event of a withdrawal by the customer, the product must be in its original packaging, not have been used and not have suffered even minimal deterioration. We will not be able to process your return if the packaging or the product is damaged.
9.3. In the event of exercise of the right of withdrawal by the Customer, KMD will refund the corresponding sums paid (excluding return costs) no later than 14 (fourteen) days from receipt of the Product by KMD.
9.4. For products personalized according to the CLIENT's instructions, the right of free withdrawal provided for by law does not apply. Indeed, personalized products could not be resold and therefore cannot be refunded. The right of withdrawal cannot be exercised for contracts for the supply of goods made to the consumer's specifications or clearly personalized.
10.1. KMD will bear the cost of returning the product in the event of:
- a) reference error attributable to it,
- b) the implementation of a legal guarantee of conformity;
- c) a defective product, non-compliant or already damaged upon unpacking
- d) or for any other reason for which the law requires the Seller to bear the costs of return.
10.2. Return costs are the responsibility of the Customer in all other cases (identical to delivery costs, i.e. between €10 and €49 depending on the type of item).
10.3. To be returned, the product must imperatively be in its original packaging, not have been used and not have suffered even minimal deterioration. We will not be able to process your return if the packaging or the product is damaged.
- ANOMALIES OF KMD'S RESPONSIBILITY
11.1. KMD guarantees that all items marketed are in perfect condition for use and comply with the technical characteristics published on the SITE.
11.2. The CUSTOMER must check, upon delivery of the items, whether they comply with his request and whether there are any manufacturing or transport defects.
11.3. Without prejudice to the preceding paragraph, the CUSTOMER may send a written notice to KMD within 24 (twenty-four) hours of delivery to the address firstname.lastname@example.org, noting any anomalies in the item resulting from the manufacture or transportation.
11.4. Any anomaly of the article detected by the customer must be communicated to KMD by any means, the CUSTOMER being able to refuse to accept the damaged articles.
11.5. In the event of a manufacturing defect or anomaly resulting from transport in the article, the customer may request:
- a) repair or replacement of the item, at no additional cost, within a maximum period of thirty (30) days after communication to KMD;
- (b) the appropriate price reduction, the compensation payable by KMD being limited to the difference between the sale price and the value of the defective articles;
- c) the return of the article and the full refund of the sale price, the costs of return being borne by KMD;
11.6. Without prejudice to the preceding paragraph KMD reserves the right to refuse the CLIENT's request if this is only possible at an unreasonable cost and if another alternative makes it possible to obtain the effect desired by the CLIENT.
11.7. The CUSTOMER is responsible for proving the existence of a manufacturing defect or anomalies caused by the transport of the item.
11.8. The use of the article by the CUSTOMER for purposes other than those for which it is intended, as described on the SITE, may result in the total or partial cancellation of the guarantee.
11.9. KMD may request that the item be inspected by a technician. The customer must make himself available for this evaluation within a reasonably short time and always within the warranty period.
12.1. To make the payment, the CUSTOMER may use the following means: Credit or debit card; PayPal
12.2. The total value of the order, which includes the value of the item and additional services, such as transport or assembly of the furniture, will be payable by the CLIENT to confirm the order with KMD.
The warranty includes any manufacturing defect which constitutes a non-conformity between the product as presented/sold and the product delivered. Non-compliance is understood as preventing the correct use of the product.The items sold by KMD are guaranteed "manufacturing" for a period of two (2) years from the date of delivery to the CLIENT or to a third party indicated by the CLIENT.
- LIMITATIONS OF RESPONSIBILITIES
14.1. KMD cannot be held liable in the event of non-performance or poor performance of the contract due either to the act of the buyer, or to the insurmountable and unforeseeable fact of a third party to the contract, or to force majeure.
14.2. KMD's liability to the CLIENT can never exceed the amount paid for the items.
- ECOLOGICAL RESPONSIBILITY
15.1. KMD is registered under number FR276276_01LMFX with Citeo, a French player in EPR, Extended Producer Responsibility, for household paper and packaging: listed in the environment code, it means that the producer or distributor is responsible for, and finance, disposal of waste from their products.
15.2. KMD is registered in the National Registry of Furniture Marketers under number FR027097_10THDK. This number guarantees that KMD, by joining Éco-mobilier, is in compliance with the regulatory obligations incumbent upon it pursuant to article L541-10-6 of the Environmental Code.
15.3. KMD acknowledges that it is solely responsible for the legal obligations incumbent on it in its capacity as distributor of the Products, in particular with regard to environmental law and undertakes, as such, to respect, in all the countries where it sells its Products, the regulations applicable to it.
15.4. KMD is solely responsible for passing on to the Customer the unit cost incurred for the management of waste collected separately from electrical, electronic and furniture equipment under Articles L. 541-10-20 and L. 541-10-21 of the Environmental Code. As such, it undertakes to inform the CLIENT, by any appropriate means, of this impact and to clearly show this unit cost on the invoice.
- CUSTOMER SERVICE
You can contact us by phone or email:
- Telephone: 06 87 16 32 26
- Email: email@example.com
- APPLICABLE RIGHT