TERMS AND CONDITIONS OF SALE KIDSAROUND.COM
The sale of items using the site www.kidsaround.com published by CWF SAS implies unqualified acceptance of the following provisions:
Article 1 – Company
CWF SAS is a a French Simplified Limited Company (Société par Actions Simplifiée) whose registered office is Zone Industrielle du Bois-Joly - Avenue des Sables B.P. 509 - 85505 LES HERBIERS Cedex (France), and registered with the La Roche Sur Yon Trade and Companies Register under number 421 994 658, intracommunity VAT No: FR 29 421 994 658, (hereinafter referred to as "CWF")
Customer Services Department Contact:
Telephone number: 0 805 620 660 (Free phone number from both landlines and mobiles). Our advisors are available Monday to Friday from 9am to 19pm and on Saturday from 10am to 6pm.
Postal address: APPROCHE SUR MESURE, Service Relations Clients Kids around, 63, rue Edouard Vaillant; 92300 LEVALLOIS PERRET, FRANCE.
Article 2 – Generalities
These Terms and Conditions of Sale (hereinafter the "Terms and Conditions of Sale") define the rights and obligations of the parties for the sale of goods and services to Customers of the www.kidsaround.com website (hereinafter referred to as the "Site"). The Customer declares having read and accepted the rights and obligations hereunder.
The Customer declares having read and accepted the rights and obligations hereunder.
The Client's attention is also drawn to the specific conditions of sale and use of the electronic gift cards mentioned in Article 13 of these Terms and Conditions of Sale.
Article 3 – Terminology
Customer: natural person placing an Order for the purchase of a product or service on the Site,
Order: Customer's commitment to acquire the Products selected by him/her under the conditions described in these Terms and Conditions of Sale.
Article 4 – Ordering and price
4.1. The Customer can order Products and Services via the Site.
4.2. By clicking the "Order" button, and after checking the contents of the Order in his/her basket, the Customer declares that he/she fully accepts all of these Terms and Conditions of Sale without reservation.
The Site will confirm each Customer's Order and then its shipment by email. Notwithstanding the receipt of confirmation of an Order by the Customer, the Site reserves the right not to carry out (or to partially carry out) any Order for a legitimate reason.
The Site may particularly consider as a legitimate reason not to carry out (or to only partially carry out), any Order:
- that does not comply with these Terms and Conditions of Sale;
- for which the Site may reasonably consider that the Products ordered are not intended for the Customer's own use or the use of his/her family (e.g. for resale).
In case of total or partial refusal to carry out an order based on a legitimate reason, the Site will notify the person who has placed the Order as soon as possible, stating the reason or reasons for the refusal.
4.3. The price of each product, in Euros including VAT, is given on the corresponding product sheet. The Customer will be informed of any shipping fees for the Order before its final confirmation.
4.4. Failure by the Customer to comply with his/her obligations under these Terms and Conditions of Sale, in particular regarding any incident related to the payment of the price of an Order, may result in suspension of access to services offered by the Site, without prejudice to any damages that the Site might seek. Consequently, the Site reserves the right to refuse any Order from a Customer with whom such a dispute is ongoing.
Article 5 – Conformity - Defects
In case of non-conformity or defect of the Product delivered, the Customer may return it to the site. The Customer shall follow the procedure under the "Shipping and Returns" section that can be accessed on the Site. The Customer will be refunded the Product price and any delivery costs within 15 days of actual receipt of the returned Product.
All the methods for returns are described in Article 8 below.
Article 6 – Product Availability
In the event a Product is unavailable, the Customer will be informed by email of the delivery of a partial Order or cancellation of his/her Order.
Article 7 – Cancellation period
The Customer has the right to cancel the purchase and return the product(s) delivered.
This right to cancel holds for fourteen clear days from the date of receipt of the Products, and shall be exercised :
- by using the Freephone number: 0 805 620 660,
- or in the "My Account" section, where is a withdrawal form.
The Customer must then return the Products subject to cancellation within 14 days of informing the Site of his/her decision to cancel.
Reimbursement will be made to the Customer using the same means of payment used by the Customer within the period of fourteen days from receipt by the Site of the Customer's decision to cancel. This period may be extended until receipt by the Site of the Products subject to the cancellation.
Only the return of the entire Order will result in reimbursement of any delivery costs.
Article 8 – Methods for returns
The Customer must:
- Go to "My Account / My Returns" and click on "Make a return request" and,
- Select the Order concerned and then,
- Select the Products concerned and click "Submit Request."
Any Product must be returned:
- properly protected in its original packaging, in perfect condition for resale (not damaged, unwashed, not soiled) along with any accessories and documentation and the label attached to the Product,
- with the sales invoice to allow the Customer to be identified (Order number, name, address)
- without the product clearly having been put to sustained use (beyond a few minutes), namely provided that the product does not bear the marks of prolonged usage exceeding the time necessary for it to be tested and that it is is in condition for resale.
- in a parcel on which Customer shall affix the prepaid return label provided by the Site and sent by e-mail, following Colissimo recommendations.
Article 9 – Fees
Payment for Products is made by means of a payment card.
The payment cards currently accepted are: CB, Visa, and MasterCard.
In accordance with current regulations and to ensure the security and confidentiality of card information, the site does not store Customer's credit card information.
It is therefore the Customer's responsibility to save and print the payment certificate if he/she wants to retain the transaction information.
Article 10 – Security
The Site has adopted the SSL (Secure Socket Layer) encoding process and reinforced all scrambling and encryption methods to protect all sensitive data related to payment as effectively as possible.
The Site never has access to confidential information relating to the method of payment.
Article 11 – Delivery
11.1. Place of delivery:
Products will be sent to the delivery address that the Customer provides during the Order process.
It is stated that, for technical and logistical reasons, the Customer may receive delivery only in mainland France (including Corsica) and Monaco.
For logistical reasons, the Site is not able to offer delivery in French overseas departments and territories (DOM-TOM).
All deliveries are notified by email.
When an Order is shipped, the Customer is informed that an original invoice including delivery charges and VAT is available online on the Site in the "My Account" section. Only products actually shipped will be invoiced and charged for.
A delivery note will be available in the parcel, listing the Products actually included in it.
In the event that nobody is there to receive the parcel on delivery at the address specified by the Customer, a delivery notice shall be deposited in the mailbox: the parcel can be collected at a Post Office within 10 days of the deposit of the delivery notice. If the parcel is delivered by carrier, a delivery notice shall also be left in the mailbox of the address given by the Customer when placing the Order. It will then be the Customer's responsibility to contact the carrier to arrange a new delivery date.
If the Customer does not collect the parcel or does not contact the carrier, the parcel will be returned to the Site and the Customer will be refunded. The Customer may not request a new delivery of the Products and must place a new order.
11.2. Delivery period
Delivery shall be made within 5 working days of the Order of the Product.
This period will be indicated in the Order summary and in the delivery tracking section on the Site.
11.3. Delivery completed
Each delivery is considered to have been completed as soon as the Product is made available to the Customer, as represented in the carrier's tracking system.
It is the Customer's responsibility to check the status of packages on arrival and to make any reservations and complaints which appear justified, or even refuse the package. The said reservations and complaints must be communicated to the carrier within three working days of delivery of the Products, with a copy sent to the Site.
11.4. Information on delivery terms
The Customer chooses the shipping method when placing an Order on the Site.
He/she can check the order status at any time in the "My Account" section.
Article 12 – Guarantees
12.1. Legal guarantee
All Product on the Site benefit from a guarantee of conformity and a guarantee against hidden defects according to the rules described hereafter, in case of delivery of a defective or non-compliant product.
12.2. Guarantee disclaimer
Any products that have been modified, repaired, integrated, or added by the Customer are excluded from the guarantee. The guarantee does not cover apparent defects. The guarantee does not cover Products damaged during transport due to non-compliance with maintenance instructions or misuse.
Article L217-4 of the Consumer Code
"The seller delivers goods in conformity with the contract and will respond to any conformity faults present at the time of delivery. The seller will also respond to any conformity faults resulting from the packaging, the assembly instructions or the installation when such conformity was covered by the contract or was performed under its responsibility”
Article L217-5 of the Consumer Code
"The item is in conformity with the contract:
1° If it is suitable for the customary use of a similar good and, where appropriate:
- it corresponds to the description given by the seller and possesses the qualities which he has presented to the buyer in the form of a sample or a model;
- it presents the qualities which a buyer can legitimately expect in view of the public declarations made by the seller, the producer or his representative, in particular in advertising or labeling;
2 ° Or if it has the characteristics defined by mutual agreement of the parties or is specific to any special use sought by the buyer, brought to the knowledge of the seller and which the latter has accepted."
Article L217-12 of the Consumer Code
"Any legal action prompted by lack of conformity is governed by a term of prescription of two years from delivery of the goods "
Article 1641 of the Civil Code
"A seller is bound to a warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them."
Article 1648 paragraph 1 of the Civil Code
"The action resulting from latent defects must be brought by the buyer within a period of two years following the discovery of the defect".
Article 13- Conditions of sale and specific use of electronic gift cards
This article concerns only the sale and use of gift cards offered on the Site. Unless otherwise specified in the Terms and Conditions of Sale, all the Terms and Conditions of Sale are applicable to the sale and use of gift cards.
13.1 Specific conditions of sale of gift cards
In the same Order, the Customer may purchase one or more gift cards, of the same or different face value.
When placing an Order for a gift card, the Customer must provide the contact details of the recipient of the gift card (who may be the Customer) by completing, under his/her sole responsibility, all the fields indicated and adding, if desired, an accompanying personalised message for the recipient. If an Order is placed for several gift cards in the same Order, the online Customer may specify different recipients and different accompanying personalised messages.
The Customer is solely responsible for the information and data (including any personalised messages and email address) that he/she provides to the Site, and undertakes to hold the Site harmless against any claim for money or other request for any reason, whether from a recipient or a third party.
If the Site deems it necessary and to the extent it is possible, the Site reserves the right, at its the sole discretion, to delete or modify a personalised message that violates the law or public decency.
It is not possible to use a coupon for payment of gift cards.
Notwithstanding anything to the contrary on the Site, gift cards are not eligible for any price reduction, promotion, or price reduction operation (such as sales).
At the end of the Order process and after confirmation of the receipt of the corresponding payment, the Site shall send an email (to the exclusion of any other means of dispatch) to the recipient of each gift card, including the accompanying personalised message written by the Customer as well as a gift card code that will allow the recipient (after registration on the Site) to Order and pay for Products.
A gift card (in the form of a unique code) is valid for one (1) year from the date of the email to the recipient.
The Site draws the particular attention of the Customer to the importance of the accuracy and validity of the email address of each recipient, given the method of delivery of gift cards, which takes place by email. Therefore, the Site shall not incur any liability for an incorrect or invalid email address, which the Customer expressly accepts. The Customer and/or the recipient may not claim any replacement, refund, or compensation for the gift card in this respect.
13.2 Conditions of use for gift cards
Gift cards can be used only on the Site, to the exclusion of any other website or point of sale.
The use of a gift card by its beneficiary implies unreserved acceptance of the Terms and Conditions of Sale.
Gift cards may be used once or several times, until the amount of the card is used up, within the limits of its validity.
The Site may not be held responsible for the loss, theft, destruction, or third party use of a gift card.
Gift cards cannot be exchanged or refunded, even if lost or stolen.
Article 14 – Modification of the Terms and Conditions of Sale
The Site reserves the right to change the current Terms and Conditions of Sale at any time. The version of the Terms and Conditions of Sale in force and applicable on the date of each Order appears in the "Terms and Conditions of Sale" section of the Site.
Article 15 – Personal Data
15.1 The Site is committed to maintaining the confidentiality of personal data provided by the Customer on the Site and to treat it in compliance with the Data Protection regulation.
15.2 The Site informs the Customer that the data will be used by its internal departments and/or those of its affiliates and/or by the shops operated under the Kids around, BilliesMarket, or Carrément Beau brands and/or the Site's technical service providers:
- to inform the Customer about news and upcoming events by sending information e-mails, postal mail, or text messages,
- to process the Customer's Order,
- to develop and customise communication including sending newsletters, special offers (including contests, games, and such like) and special e-mails as part of Site customisation based on the Customer's stated preferences.
Moreover, the Site reminds the Customer that if the Customer changes his/her mind and no longer wishes to receive certain types of information emails, he/she can at any time set his/her preferences regarding these emails in the "My Account" section of the Site.
15.3 The Site informs the Customer that it may also communicate his/her personal data to ensure delivery of Orders by the Site's service providers, for some aspects of customer service, and to carry out customer satisfaction surveys. In addition, the Site may also transfer this information to respond to an order from the judicial or administrative authorities.
15.4 When creating or consulting his/her account, the Customer may elect to receive offers, in particular commercial offers sent by the Site and/or its affiliates, and offers for its commercial partners.
15.5 In addition, in accordance with the Data Protection Act of 6 January 1978, the Customer may at any time exercise his/her right of access to the file, right of objection and right to correct or delete information on him/her by sending a request (indicating his/her e-mail address, name, and postal address):
- in the "Contact" section of the Site,
- or by post to the following address: Weeby, Service Relations Clients Kids around - 42 Passage Choiseul -75002 Paris
Article 16 – Miscellaneous
In the event that any of the terms of the Terms and Conditions of Sale are considered illegal or unenforceable by a court the other provisions shall remain in force.
Article 17 – Applicable law – Disputes
The French language Terms and Conditions of Sale shall be executed and interpreted according to French law.
In case of dispute, the customer should first contact the Site to obtain an amicable solution.
Failing this, the French courts will have jurisdiction.
We remind you that the Customer Services number is 0 805 620 660 (Freephone number).