Terms & conditions of use

 

These General Terms and Conditions of Sale are concluded between: 

1. On the one hand, NOVATEX, whose registered office is situated at ZA du Gouttier, 73470 Novalaise, France and entered in the Trade and Companies Register of Chambery (currently being established) with number : 43454237900020 (here-in after 'Les Kinousses')


Telephone: +33 (0)4.79.28.99.33

Fax: +33 (0)4.79.28.99.28


E-mail: contact@novatex.fr
Publication director: Patrice Lafont

2. And on the other hand, any real person visiting or making a purchase via the website (here-in after 'Visitor')

 

       ARTICLE 1: Purpose

                                  

Article 1.1: The Contract
These Terms and Conditions set out the terms of sale between KINOUSSES and the Visitor, from ordering through to services, via payment and delivery. They govern all stages necessary in order to place an order and ensure that any such orders are followed up between the contracting parties on the www.kinousses.com website.
Any order placed shall constitute an implicit acceptance by the Visitor of these General Terms and Conditions of Sale, it being specified that the Parties agree that their relations shall be governed exclusively by these Terms and Conditions, which shall constitute the Contract.
KINOUSSES reserves the right to adapt or modify these General Terms and Conditions of Sale on reasonable grounds at any time. 
In the event of any modification, the General Terms and Conditions of Sale applied to each order shall be those in force at the moment of that order.
However, if any term or condition is missing, it shall be deemed to be governed by the accepted practices of the mail order industry as recognized by companies based in France.


Article 1.2: Visitor


The Visitor is defined as any real person visiting or making a purchase via the www.kinousses.com website.


Article 1.3: Capacity


The Visitor declares that they have the capacity to conclude this Contract, i.e. that they are of legal age and are not under legal guardianship.


Article 1.4: Intended use


The Visitor declares that they will refrain from purchasing KINOUSSES products and items with a view to reselling them.

 

       ARTICLE 2: Our offer 

 

www.kinousses.com is a site intended to offer for sale a range of baby night clothes. 
The products and items offered for sale are described and presented as accurately as possible. 
However, if any errors or omissions do occur in the presentation of these products and items, KINOUSSES shall not be held liable for this, since the photographs are not contractually binding. 
All offers for products and items and all delivery methods are valid throughout the world, while stocks last.

 

       ARTICLE 3: Availability

 

The offers of products and items are valid as they appear on the www.kinousses.com website and while stocks last.
Upon receiving an order from the Visitor, KINOUSSES shall check whether the product(s) and item(s) ordered are in stock.
Any claim by the Visitor pertaining to an order for an unavailable item shall be deemed unfounded.
In any event, KINOUSSES undertakes to inform by e-mail any Visitor who has placed an order for an unavailable item and to provide a refund for that item as soon as possible. 
In the event that one of the products or items in your order is permanently discontinued, this shall not affect the dispatch of the rest of your order.

 

       ARTICLE 4: Our prices

 

The prices of the products and items on the www.kinousses.com website are given in Euros including tax and include VAT at the applicable rate on the date of the order. They are guaranteed subject to any typographical or printing errors.
These prices exclude the fixed amount payable for shipping costs on the date of the order (cf. Article 8.2).
KINOUSSES reserves the right to modify its prices at any time, but undertakes to apply the prices in force and displayed to the Visitor whenever the latter places an order. 
The VAT included is French VAT at the applicable rate for the products and items concerned. If the rate of this VAT is modified, these changes may be passed on to the prices of the products and items without prior notice.
If one or more taxes are imposed or either increased or decreased, this change may be passed on to the sale prices of the products and items in the catalogues and sales documents.

We are not responsible for any other importation taxes, sales taxes or charges that may be levied at the delivery destination

 

       ARTICLE 5: Orders

 

Any order placed shall constitute express and irrevocable acceptance of the prices and descriptions of the products available for sale. 
The Visitor states that he has acknowledged and accepts irrevocably these General Terms and Conditions of Sale before placing his order. Confirmation of the order thus constitutes acceptance of these General Terms and Conditions of Sale. 
In order to enable the Visitor to review their order before confirming it, KINOUSSES has created screens for confirming and accepting each order. Orders will not be recorded until final acceptance has been given via the payment screen for the order (payment by PayPal, Credit Card or Bank Transfer). As of the moment that final acceptance is clicked, orders shall be deemed irrevocable. An e-mail will be sent to the Visitor as soon as each order is received. This e-mail will confirm that the customer's order has been received by KINOUSSES. It does not confirm that the product is available.

 

       ARTICLE 6: Payment

 

For a delivery in UK mainland and Nothern Ireland: The Visitor may only pay by Paypal and by bank transfer on the www.kinousses.com site. No other forms of payment are accepted.

 

KINOUSSES has implemented the technical setup necessary to secure orders and the payments associated therewith made on its site by the Visitor (cf. Article 7).

 

Article 6.1: Payment by Bank transfer

When confirming his order, the visitor sees displaying in the screen KINOUSSES’s bank details that he has to give to his own bank in order to do bank transfer.

The Visitor's bank account will be debited by KINOUSSES when visitor’s bank confirms to KINOUSSES the transfer.

Article 6.2: Payment by Paypal.

When confirming his order, the visitor provides his login and password to access to his PayPal account.

The Visitor's bank account will be debited by PayPal when the Visitor confirms his order.

Article 6.3: Non-payment


KINOUSSES reserves the right to refuse to make a delivery or to meet an order placed by a Visitor who has not paid whether in full or in part for any previous order or against whom legal proceedings are pending.

 

Kinousses reserves the right  to request a photocopy of your  ID card and credit card for payment by credit card (recto : only the first 4 digits and verso : only the last 2 digits )

 

 

       ARTICLE 7: Payment security

 

Article 7.1: Secure payment


Visitor paying by credit card will be requested to enter their card number, the expiry date and the last three figures appearing on the back of the card. Contact will then be made with various organizations responsible for payment authorization to verify the data in order to prevent abuse and fraud. The server is in encrypted mode for this process and all information is transmitted in encoded form.
No data is transmitted unencrypted via the internet.
In any event, provision by the Visitor of his card number and final acceptance of his order by him shall constitute proof of the integrity of the order and of the fact that the sums due in the performance of that order are payable.
Such confirmation shall constitute a signature and the express acceptance of all operations carried out on the Site.

Kinousses reserves the right  to request a photocopy of your  ID card and credit card for payment by credit card (recto : only the first 4 digits and verso : only the last 2 digits )

 

Article 7.2: Security provisions


The website www.kinousses.com uses the secure payment service provided by PAYBOX  in order to guarantee secure payments. This service incorporates the SSL security standard.
Confidential data (16-digit credit card numbers and expiry dates) are transmitted directly in encrypted form to the PAYBOX  server without passing via the physical channels of the www.kinousses.com server. When an order is confirmed, the payment request is routed in real time to the PAYBOX secured remote payment management system. This system sends a request for authorization to the credit card network. The remote payment management system then issues an electronic certificate.

 

       ARTICLE 8: Delivery

 

The Visitor can choose between having their order delivered to their home address or to another address by post

By post : delivery to home address or another address (to be entered when placing the order): If the Visitor is not at home, a delivery note will be left in the letterbox.

By DHL : delivery to home address or another address the next working day before 6 p.m.

Article 8.1: Delivery periods


Regardless of the delivery method, orders are delivered to the Visitor with the greatest security possible by the “Colissimo international” from the Post Office, within 3-10 working days, subject to any fortuitous events or cases of force majeure that operate to delay delivery independently of the will of and efforts made by KINOUSSES.
This period may be extended by 8 days during Sale periods and any other promotional campaigns.
If delivery is delayed by an extended period, the Visitor must notify this to KINOUSSES as soon as possible by using the form provided in the 'Contacts Us' section of 
www.kinousses.com.


Article 8.2: UK Delivery costs

Our standard delivery service, shipped via Parcel Force in the UK, costs £ 4.73 (or € 5.90) per order.

The price of our DHL delivery is £36.10 per order.

 

       ARTICLE 9: Retention of title clause

 

Products shall remain the property of KINOUSSES until the order in question has been paid for in full. However, from the moment the order is dispatched to the Visitor, risk in the goods passes to the Visitor.

 

 

  ARTICLE 10: Returns and refunds

 

Article 10.1: Satisfaction guarantee
The items purchased via the www.kinousses.com website may be exchanged or refunded in the absence of any mention to the contrary.
A guarantee is extended to the Visitor enabling him to send back any defective items with which he is not fully satisfied.


Article 10.2: Procedure for returns 

Only by post to the following address (postal charges are payable by the Visitor):

NOVATEX

Les Kinousses

Service Retour

ZA du Gouttier

73470 Novalaise

FRANCE


Article 10.3: Returns, exchanges and refunds


The Visitor may return the products or items orders within the period stated below, subject to any other terms and conditions set out in this Article.
Returning goods by post entitles the Visitor to a refund or an exchange in accordance with the KINOUSSES General Terms and Conditions of Sale. 
Exchange : If the new product chosen is less expensive, the price difference will be refunded directly to the Visitor. 
Beyond the legal cooling-off period of 30 days, the Visitor cannot ask any more for an exchange or a refund of any products or items ordered via the www.kinousses.com website. 

In all events, products returned must be accompanied by a return slip filled in as appropriate. 
Furthermore, KINOUSSES may refuse any product or item returned in different or damaged packaging or in a condition other than its original condition where no express comments or reservations have been entered by the Visitor on the delivery slip and no claim has been lodged within 30 days.
If a product or item is returned by the Visitor, a confirmation e-mail will be sent to him to inform him that the return is being processed by KINOUSSES.


Whichever method of return is used, only the price of the product will be refunded, shipping costs are your responsibility. Refunds will be issued by bank transfer and shall take place within 30 days of KINOUSSES having received the products returned. An e-mail will be sent to the Visitor to inform them of the refund.
KINOUSSES can also propose a credit note which will be deducted from the amount of the next visitor’s order.

 

       ARTICLE 11: Signature and proof

 

For all payments by credit card on the www.kinousses.com website, the electronic certificate issued by the remote payment management system shall constitute proof of the amount and the date of the transaction, in accordance with the provisions of Articles 1316 et seq. of the Civil Code. 
The digital registers stored in the computer systems of KINOUSSES shall be deemed to constitute proof of the communications, orders and payments made between the parties.
In this regard, the dates and times of the server shall be conclusive between the parties.

  

 

       ARTICLE 12: Liability

 

KINOUSSES shall not be held liable for any failure to meet orders placed where that failure is attributable to the occurrence of a case of force majeure, including in the event of a partial or total strike of the postal or transport service and in the event of catastrophes caused by floods or fires.
KINOUSSES shall not be held liable for any loss or damage suffered as a result of using the internet and falling wholly outside the efforts and precautions taken by KINOUSSES.
In particular, KINOUSSES may not be held liable for any interruption to the connection or any external intrusion or computer virus.
If any order is not delivered, whether wholly or in part, the Visitor shall have a maximum of 30 days (from the date of the anticipated delivery date for the order) in which to submit a claim. Beyond this period, no claims will be accepted.
Similarly, any event constituting a case of force majeure as defined by the Court of Cassation shall discharge KINOUSSES entirely from all liability.

 

       ARTICLE 13: Nominative data

 

Nominative data must be gathered for the purpose of processing orders from visitors to the website.
Visitors that enter their e-mail address will receive an order confirmation via e-mail and will also receive information about promotional offers from KINOUSSES and events via the internet.
In accordance with the Law on Information Technology and Freedoms of 6 January 1978, visitors have the right to access and object to any information concerning them. They may exercise this right:
- by writing to the following address: NOVATEX –LES KINOUSSES- Service Web – ZA du Gouttier – 73470 Novalaise - FRANCE by logging into their customer account on www.kinousses.com 
- by e-mail: contact @novatex.fr 
KINOUSSES reserves the right to gather data on visitors to its site through the use of internet cookies.
Visitors are hereby informed that this automated information processing, including the management of e-mail addresses, has been declared to the CNIL.

 

        ARTICLE 14: Intellectual property

 

KINOUSSES holds the rights to the text, general structure, images (whether animated or not), graphics and sounds of the website www.kinousses.com. The KINOUSSES brands and the logos present on the www.kinousses.com website are registered trademarks. 
They are the exclusive property of KINOUSSES. Any users with their own websites who wish to place a simple direct link on their site to the KINOUSSES homepage, for personal use, must request authorization from KINOUSSES in advance. Any such authorization granted shall not be construed as an implied agreement of affiliation.
In any event, any link, even if it has been tacitly authorized, must be removed if so requested by KINOUSSES.

 

       ARTICLE 15: Entirety of the contract

 

These General Terms and Conditions of Sale concluded between KINOUSSES and the Visitor constitute the entirety of the rights and obligations of the parties.
If any one of the clauses of this contract becomes null and void following a change in legislation or regulations or as the result of a legal decision, this shall not under any circumstances affect the validity and the observance of these general terms and conditions of sale.

 

       ARTICLE 16: Duration

 

These general conditions shall apply for the entire period during which the services proposed by KINOUSSES remain online.

 

        ARTICLE 17: Disputes

 

Any legal action must be brought before the competent courts of the domicile of the defendant, the place of delivery or the jurisdiction of the registered office of KINOUSSES.
These General Terms and Conditions of Sale are governed by French law.

 

Return procedures

  1. I return my item(s)in its original condition including tags and packaging with this return slip fill correctly within 15 days from date of receipt.

  2. I indicate on the return slip : references, colour, size and price of the item(s) returned

  3. I can indicate the reason of this return by deferring the number corresponding in the « reason » column.

  4. I tick the box corresponding to your choice (Between : Exchange, credit note or refund)

  5. I fill the box named « Amound due » by specifying the amount in pounds that Les Kinousses has to refund me or the amount that I have to pay by cheque and according to item(s) chosen

  6. I send back my backage with postage paid (whihout acknowledgment of receipt) to the address specified at the bottom of this page. If Les Kinousse feels responsible for this return, the amount of postage paid will be refunded. You have to join the postage receipt with your return package if you want to be refunded

Les Kinousses at your service:

It is expressly agreed that the sums paid in advance does not guarantee the availability of the item(s) chosen. If they were no longer in stock on the day of receipt of your package, we will refund you the corresponding amount as quickly as possible.

Find all our terms of sale at the bottom of the Home page of our website www.kinousses.com, by clicking on “Terms and conditions”.