General Conditions of Sale

Article 1 - GENERAL PROVISIONS - SCOPE

1.1 These General Terms and Conditions of Sale (“the GTC”) determine the rights and obligations of the parties in the context of the online sale of Products offered by the company KawaiiAddict. 

1.2 Any Order placed on the KawaiiAddict website presupposes the prior and unrestricted acceptance of these General Terms and Conditions of Sale, which are subject to French law. These GTCs are therefore an integral part of the Contract between the Customer and the Company. They are fully enforceable against the Customer who declares to have read and accepted them, without restriction or reservation, before placing the Order. 

1.3 These GCS apply to any Order placed by a natural person who is a major and acting as a consumer. The Customer therefore certifies that he is a natural person over 18 years of age, acting for purposes that do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity. He acknowledges having full capacity to commit himself when placing an Order and undertakes to provide truthful elements as to his identity. 

1.4 EXCLUSION: Persons acting in a professional capacity, that is to say, natural or legal persons, public or private, who act for purposes falling within the scope of their commercial, industrial, craft, liberal or agricultural activity, including if they act in the name or on behalf of another professional, are expressly excluded from the scope of these GCS. Professionals who wish to place an Order with the Company are invited to contact us directly. 

1.5 The GTC applicable to each Order are those in force on the date of payment or the first payment in case of multiple payments) of the order.. The Company reserves the right to modify them at any time, by publishing a new version on its website. These GTCs are available on the Company's website at the following address: www.kawaiiaddict.com and are downloadable in pdf format. 

Article 2 - CONCLUSION OF THE ONLINE CONTRACT 

2.1. Order Placement Process

To purchase one or more Products on the site, the Customer selects each Product and adds it to his basket. Once his selection is complete, he must confirm his basket to proceed to the Order (1st click) 

At this point, the Customer is redirected to a page containing: A summary of the selected Products, the corresponding prices, terms and delivery costs. It is then up to him to check and possibly correct the contents of his basket. These GCS. It is his/her responsibility to read them carefully before validating the entire Order. 

This validation of the Order after verification of the basket and reading of the GCS (2nd click) constitutes the conclusion of the Contract and the Customer acknowledges that the 2nd click entails an obligation of payment on his part. 

The Customer is then redirected to the payment page. He can choose between the different payment methods offered and proceeds to the payment of his Order. 

After validating his Order and making his payment, the Customer receives, on the email address he has communicated to create his account, a confirmation message from the Company. This message contains, in pdf format:
Summary of his order (Selected product, price, terms and delivery costs);
Accurate identification of Kawaii Addict and its activity;
Order number;
The terms, conditions and form of withdrawal;
These GCS in pdf format.

In case of non-receipt of the confirmation of the Order, it is recommended that the Customer contact the Company via the contact form present on the site. 

The Customer then receives a purchase invoice in electronic form, which the Customer expressly accepts. 

The Customer is strongly advised to retain this confirmation message and the purchase invoice which is also sent to the Customer in electronic format as these documents may be produced as proof of the Agreement. 

2.2 Case of refusal of validation of the Order by the Company

Article 3 - SPECIFICATIONS AND AVAILABILITY OF PRODUCTS 

3.1 Product Specifications

The essential characteristics of the goods and their respective prices are made available to the Customer on the Company's websites, as well as, where appropriate, information on the use of the product.

Although the Company reasonably ensures that the Specifications are accurate, such Specifications, subject to certain exceptions, such as pricing information, are provided by the Company's suppliers. Consequently, the Company disclaims any responsibility for any errors that may be contained in the Specifications.

The Specifications are presented in detail and in English. The Parties agree that illustrations, videos or photos of the Products offered for sale have no contractual value. The duration of the offer of the Products and their prices are specified on the Company's websites.

3.2 Availability of Products

Product offers are valid within the limits of the stocks available at our suppliers. This availability of the Products is normally indicated on the specific Product page. 

However, since the Company does not reserve stock (except in special cases of Products indicated in the product sheet as pre-orders), the placing in the basket of a Product does not make it possible to absolutely guarantee the availability of the Product as well as its price. 

In the event that a Product becomes unavailable after the validation of the Customer’s Order, the Company will immediately inform him by email. The Order will be automatically canceled and the Company will refund the price of the Product initially ordered, as well as any amount paid for the Order. 

However, if the Order contains other Products than the one that has become unavailable, these will be delivered to the Customer and the delivery costs will not be reimbursed. 

Article 4 - PRICES OF PRODUCTS 

4.1 Reference prices indicated on the sites

The reference price of the Products offered on the site is the price recommended by the brand, the manufacturer or its official representative. Otherwise, it is a price determined according to the prices at which the Product is commonly sold in a panel of shops distributing it. This price is updated as soon as the brand, manufacturer or its official representative communicates a new recommended price for the Product or as soon as the price within the panel of signs is modified. 

4.2 Changes in prices indicated on the sites

The prices of the Products are indicated on the pages of descriptions of the Products. They are indicated excluding tax, customs duties and shipping costs. The Company reserves the right to change the prices of the Products at any time, in accordance with applicable law.

The Products ordered will be invoiced on the basis of the price in force on the site at the time of validation of the Order. 

4.3 Product prices

Since many Products are imported from abroad (outside the European Union) at the request of the Customers, the prices of the Products sold through the websites are indicated in Euros excluding taxes (excluding VAT and customs duties) unless otherwise indicated. They are precisely determined on the pages of descriptions of the Products. They are also indicated in Euros excluding tax (excluding VAT and customs duties), unless otherwise indicated, on the page of Order of products, and excluding specific shipping costs. 

The prices of the Products do not include import VAT, import taxes or customs duties, which will have to be paid in addition and will be fully borne by the Customer, who is liable for these taxes as the recipient of the Product. 

The prices of the Product(s) do not include the costs of packing, packaging, shipping, transport, insurance and delivery of the Product(s) to the delivery address. 

4.4 Payment of fees 

The Customer is solely responsible for the process of declaring and paying the VAT on importation at the time of customs clearance of the Product. He may be required to pay VAT on importation. To the extent that that tax is not within the Company’s jurisdiction, it cannot be required to repay that tax.

For all products shipped outside the European Union and/or DOM-TOM, the price is calculated automatically before tax on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. The Company has no control over these rights and sums. 

They will be the responsibility of the Customer and are his responsibility (declarations, payment to the competent authorities, etc.). The Company invites the Customer to inquire about these aspects with the corresponding local authorities. 

Article 5 - PAYMENT OF THE PRICE OF PRODUCTS

5.1 Time of payment Payment of the entire price of the Order must be made immediately after the validation of the Order. 

The Company may, exceptionally, grant a payment in several installments, in particular with regard to the amount to be paid and the knowledge that it has of the Client concerned. However, the Company has no obligation to grant such payment terms. In the event of a particular situation, the Customer may request this by contacting the Company’s Customer Service at the following address: kawaiiaddictshop@gmail.com. 

5.2 Methods of payment

To pay for the Order, the Customer can choose between different payment methods: 

Payment by credit card: Only credit cards with ties to a bank located in France or international credit cards (Visa, MasterCard, American Express and Maestro) are accepted. The Customer guarantees the Company that he has the necessary authorizations to pay with the credit card used. He expressly acknowledges that the commitment to pay given by card is irrevocable and that the communication of his credit card number constitutes authorization to debit his account up to the total amount corresponding to the Products ordered. The amount will be debited at the time of validation of the Order. Bank card payments are made via a secure payment platform and the information on the bank cards communicated benefits from the SSL encryption process. 

Payment via Paypal Payment by Paypal is accepted up to a limit of 1.000 €. It is emphasized that in the event of recourse to this method of payment, the General Conditions of Use of Paypal, which are available on their site, are added to these GCS. 

Payment by vouchers and/or coupon codes Purchase orders and/or promotional codes issued by the Company may be used to pay for all or part of the Order. These vouchers and/or promotional codes are valid only once. In the event of an attempt to fraudulently use the vouchers and/or promotional codes, the Company may cancel the Order outright. 

In general, in the event of refusal of payment authorization by officially accredited bodies or in the event of non-payment of the Order, the Company reserves the right to suspend and/or cancel the Order. 

The Company reserves the right to suspend any of the payment methods at any time, in particular in the event that a payment service provider no longer offers the service used or in the event of a dispute with a Customer concerning a previous Order. 

The Company reserves the right to set up an order verification procedure to ensure that no person uses another person’s bank details without their knowledge. As part of this verification, the Customer may be asked to send by email or by post to the Company a copy of an identity document, a proof of domicile and a copy of the bank card used for the payment. Precise information on the exact content of the information requested (to preserve the confidentiality of its data) will be communicated to the Customer in case of verification. The order will only be validated after receipt and verification of the submitted parts.

Article 6 - DELIVERY - CUSTOMS CLEARANCE - RECEIPT 

6.1 Delivery

 Before the validation of the Order, the Company communicates to the Customer information concerning the different delivery methods and their respective prices. Following the choice of the delivery method by the Customer, the Company communicates to him an estimate of the delivery time.

The Company will make every effort to ensure that the Product(s) are delivered at the latest on the scheduled delivery date. In the event of any difficulty, the Company undertakes to contact the Customer promptly to inform him of this and to seek with him an appropriate solution. 

Air transport, shipping and/or delivery of the Product(s) will be fully covered by the Customer ("Delivery Charges"). These delivery costs are included in the final price charged to the Customer at the time of the Order. However, any customs charges are not included in the price charged to the Customer by the Company. 

Depending on the terms chosen by the Customer, the delivery will be made either to the address mentioned by the Customer or, where appropriate, to a relay point chosen by the Customer from the list of available points. It is therefore the Customer's responsibility to check the information provided for the delivery because he remains solely responsible in the event of a delivery failure due to incomplete or erroneous information. 

6.2 Clearance 

Upon purchase, the Customer purchases the product duty-free and becomes an importer of the product purchased in its capacity as the recipient of the Product. 

He is therefore in particular responsible for the import and customs clearance processes of the product at the local customs offices. Depending on the price of his order, he may be asked to pay customs duties (for Products with a customs value of more than €150). 

The Customer is solely responsible for the customs duty declaration process at the time of release of the Product. These customs duties, which are not charged to the Customer by the Company, are not within the Company's jurisdiction. The latter may not therefore be required to repay those duties. 

6.3. Type-approval

Upon receipt of the Product, the Customer agrees to verify that the Product is complete and that it is not damaged.

In the event of a finding of an anomaly, the Customer must contact the Customer Service of the Company within three days (excluding public holidays) following the date of receipt of the Product. Any complaint filed outside the time limit will not be able to be processed. 

Article 7 - WITHDRAWAL

7.1 Principle and deadline The Customer has the right to withdraw, without giving any reason, within fourteen (14) calendar days from the date of receipt of his Order. In the case of an Order for several Products, the period runs from the receipt of the last Product.

If the right of withdrawal is exercised within the aforementioned period, the price of the Product(s) purchased and the shipping costs will be refunded, the return costs remaining at the expense of the Customer. 

7.2 Exclusions

In accordance with the provisions of Articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal cannot be exercised for the following contracts: 

7.3 Procedures for exercising the right of withdrawal

In order to exercise the right of withdrawal, the Customer must inform the Company of his intention to withdraw either by filling in the standard form, a specimen of which is given below, or by sending an unambiguous declaration and expressing his intention to withdraw within the 14-day period mentioned above. 

 

This form must be sent to the Company at one of the following addresses: For a paper mailing, at KawaiiAddict, Customer Service, 20 rue perrine perrotin, 49170 Saint Germain des Prés. For electronic mail, visit: kawaiiaddictshop@gmail.com 

The Customer has a period of 14 days from the sending of the notification of its withdrawal to return the Product to the Company in its original packaging, the costs of return being the exclusive responsibility of the Customer. 

The Products must be returned in their original condition and complete (packaging, accessories, package leaflet, etc.) in order to be resold by the Company. In the event of receipt of Products that are open, used, incomplete, damaged or dirty, the Company will not make any refund and may even, if it deems it necessary and appropriate, incur the responsibility of the Customer for the impairment of the Product.

In case of return of the Product under the conditions provided by law and these GCS, the Company will refund all the sums paid by the Customer, including delivery costs, within 14 days of the notification of withdrawal, unless the Product is returned after. In this case, the Company will only proceed with the refund after receipt and verification of the condition of the returned Product. 

This refund will be made using the same means of payment as that used by the Customer to pay for the Order, unless the Customer expressly agrees for another means of payment. In case of payment by gift voucher/promotional code, the Customer will be reimbursed either by sending new gift vouchers/promotional codes for an amount identical to that paid in this form. 

Article 8 - GUARANTEES 

8.1 Legal guarantees

The Company remains liable for defects in conformity of the goods in accordance with the provisions of articles L.217-4 et seq. of the Consumer Code as well as hidden defects of the thing sold in accordance with articles 1641 et seq. of the Civil Code. 

When acting within the framework of the legal guarantee of conformity (as provided for in Articles L.217-4 et seq. of the Consumer Code), the Consumer Customer: Has a period of 2 years from the date of issue to act Can choose between repairing or replacing the Product, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code Proof of lack of conformity is not required for 24 months after delivery of the good if the Product is new, and for 6 months after delivery if the Product is sold second-hand.

The Customer may also decide to act within the framework of the legal guarantee against hidden defects within the meaning of Article 1641 of the Civil Code, the Customer may choose between the resolution of the sale or a reduction of the price, in accordance with Article 1644 of the Civil Code. 

These legal warranties apply independently of any contractual warranty. 

Reproduction of applicable texts 

L.217-4 Consumer Code

'The seller delivers a good in conformity with the contract and responds to the defects of conformity existing at the time of delivery. It shall also be liable for any lack of conformity arising from the packaging, fitting instructions or installation where it has been charged to it by the contract or carried out under its responsibility.’ 

L.217-5 Consumer Code

‘The goods are in conformity with the contract: (1) If it is suitable for the usual intended use of similar property and, where applicable: - it corresponds to the description given by the seller and possesses the qualities which the seller has presented to the buyer in the form of a sample or model; - it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or in labeling; (2) Or if it has the characteristics defined by mutual agreement of the parties or is suitable for any special purpose sought by the buyer, brought to the seller's notice and accepted by the latter.’ 

L.217-9 Consumer Code

‘In the event of non-conformity, the buyer shall choose between repairing and replacing the goods. However, the seller may not proceed according to the buyer’s choice if that choice entails a cost which is manifestly disproportionate in the light of the other modality, taking into account the value of the goods or the extent of the defect. It shall then, unless this is not possible, proceed in a manner not chosen by the purchaser.’ 

L.217-12 Consumer Code

‘The action resulting from the lack of conformity shall be prescribed by two years from the date of issue of the goods.’

1641 Civil Code

‘The seller shall be liable for the warranty in respect of any hidden defects in the thing sold which render it unfit for the purpose for which it is intended, or which so diminish that use that the buyer would not have acquired it, or would have given it a lesser price, if he had known it.’ 

1648 Civil Code

‘The action resulting from the redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. [...]’

8.2 Warranty Manufacturer Some Products for sale on the Site are subject to a contractual warranty by the supplier or manufacturer of the Product, to which the Company is not directly party. 

The existence of such warranties is mentioned, where applicable, on the Product specific page. 

If the Customer wishes to use this warranty, he should inform the Company by contacting Customer Service and consult himself the terms of application of the warranty, which are usually inserted in the box concerning the Product.

It is recalled that the beneficiary of the Manufacturer Guarantee does not prevent the application of the legal provisions concerning the legal guarantee of conformity and the legal guarantee of hidden defects. 

Article 9 - PROTECTION OF PERSONAL DATA

In the context of the commercial relationship, the Company, the controller, collects a certain number of mandatory personal data (including, in particular, name, first name, delivery address, etc. which are mentioned by an asterisk) which are absolutely necessary for the processing of the Order, the management of the commercial relationship, the realization of statistics and the fulfillment of the legal and regulatory obligations of the Company. 

They are kept for 5 years from the end of the Contract. Failure by the Customer to provide this information would result in the impossibility of processing his Order. 

These data are intended for internal use by the Company but may be transmitted to the companies which contribute to the performance of the service, including in particular those which ensure the delivery of the Products or ensure the processing of payments. 

With regard to this personal data, the Customer has several rights:

Right of access to personal data concerning him;

Right of rectification and erasure if the personal data are inaccurate, incomplete, ambiguous, outdated or if the collection, use, communication and storage of certain data is prohibited;

Right to restrict the processing of data, provided that such request is duly justified and does not prevent the Company from complying with its regulatory and legal obligations;

Right to object to the processing of data (in particular in the case of processing for the purpose of commercial prospecting)

Right to formulate post-mortem instructions concerning the storage, erasure and communication of your personal data

Right to withdraw consent to certain processing operations (processing operations carried out before withdrawal of consent remain lawful)

Right to lodge a complaint with the CNIL. 

In order to exercise its rights, the Customer may address a request to the Company, through: a letter addressed to the KawaiiAddict Company, 20 rue perrine perrotin, 49170 Saint Germain des Prés. 

The application must include the Customer’s e-mail address, first and last names, postal address and must be accompanied by a copy of the Customer’s double-sided identification document. A reply will be sent within one month of receipt of the request. 

Article 10 - INTELLECTUAL PROPERTY RIGHTS

Unless otherwise specifically stated on a Product page, sales of Products on the Site do not result in any transfer of intellectual property on the Products sold.

Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Company or their initial owner. 

No assignment of intellectual property rights is made through these GCS. 

Article 11 - FORCE MAJEURE

The Company shall not be liable for any failure to perform its obligations hereunder in the event of an unforeseeable event or force majeure which would prevent its performance. The Company will notify the customer of the occurrence of such an event as soon as possible. 

Article 12 - DISCLAIMER OF LIABILITY

Notwithstanding any provision to the contrary set forth herein, the Company shall not be liable in any event for any loss or damage due to improper use of the Product(s) by the Customer, including in particular modification or alteration of the Product(s) not authorized by the Company. 

Article 13 - SUSPENSION - TERMINATION OF ACCOUNT

The Company reserves the right to suspend or terminate the account of a Customer who contravenes the provisions of the GTC, or generally applicable legal provisions, without prejudice to any damages that the Company may request. 

Any person whose account has been suspended or closed will not be able to order later or create a new account on the Site, without the prior authorization of the Company. 

Article 14 - ARCHIVING - PROOF 

Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions. During each Order, the Order summary is sent by email to the Customer and archived on the Company's website. The archiving of communications between the Company and the Customer is carried out on computerized records which are kept for 5 years under reasonable conditions of security.

 These records, on which exchanges are recorded in a reliable and durable medium, are considered as proof of communications, orders, payments and transactions between the Customer and the Company.

They may be produced as evidence of the Contract. The archiving of communications, the order, the details of the order, as well as invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with the provisions of Article 1360 of the Civil Code.

 This information may be provided as evidence of the contract. The Customer will have access to the archived material upon request at kawaiiaddictshop@gmail.com.

Article 15 - NULLITY AND AMENDMENT OF THE GCS

If any of the stipulations of these GCS are invalid, they will be deemed unwritten, but will not result in the nullity of all contractual provisions.

Any tolerance on the part of the Company, in the application of all or part of the commitments made within the framework of these GCS, whatever the frequency and duration, cannot be deemed to be a modification of the GCS, nor generate any right whatsoever for the Customer.

Article 16 - APPLICABLE LAW AND DISPUTE SETTLEMENT

These GTCs are subject to French law.

In case of any difficulty, the Customer Service is at your disposal to find a friendly solution.

In the absence of a solution found directly with Customer Service, the European Commission has set up a dispute resolution platform to collect any consumer complaints following an online purchase.

The platform then forwards these complaints to a competent national ombudsman. You can access this platform by following the following link: http://ec.europa.eu/consumers/odr/.