Terms of Sales
Article 1 - Definitions
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These General Conditions of Sale (hereinafter the "GTC") are offered by Vanessa Pocinho Auto entrepreneur, whose registered office is at 31 Grande Rue, 92310 Sèvres (hereinafter "Vanessa Pocinho"), Siret number: 834 952 574 00012
Hereinafter we will designate:
“Site”: the site https://www.kiromohe.com and all of its pages.
“Products” or “Services”: all the products (materials) and services (services) that can be purchased or to which it is possible to subscribe on the Site.
"Seller": Vanessa Pocinho, legal or natural person, offering its Products or Services on the Site.
"Customer": the Internet user, individual or professional, making a purchase of Product (s) or Service (s) on the Site.
“Consumer”, in accordance with the definition of the preliminary article of the Consumer Code: “any natural person who acts for purposes that do not fall within the framework of his commercial, industrial, artisanal or liberal activity”.
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Internet users visiting the Site and interested in the Products and Services offered by the Seller are invited to carefully read these GTC, print them and / or save them on a durable medium, before placing an order on the Site.
The Customer acknowledges having read the T & Cs and accepts them fully and without reservation.
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Article 2 - Application of the GTC and purpose of the Site
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The Seller reserves the right to modify the T & Cs at any time by publishing a new version of them on the Site. The GTCs applicable to the Customer are those in force on the day of his order on the Site.
Legal information concerning the host and publisher of the Site, the collection and processing of personal data and the conditions of use of the Site are provided in the general conditions of use, the legal notices and the data charter hereof. Site.
This Site offers online sales of digital products.
The Site is free and open to all Customers. The acquisition of a Product or a Service supposes the acceptance, by the Customer, of the entirety of these GTC, which acknowledges by the same fact to have taken full knowledge of them. This acceptance may consist for example, for the Customer, of ticking the box corresponding to the acceptance sentence of these T & Cs, for example having the words "I acknowledge having read and accepted all the general conditions of the Site". Checking this box will be deemed to have the same value as a handwritten signature on the part of the Customer.
Acceptance of these T & Cs assumes that Customers have the necessary legal capacity for this. If the Client is a minor or does not have this legal capacity, he declares to have the authorization of a tutor, a curator or his legal representative.
The Customer recognizes the evidential value of the Seller's automatic registration systems and, except for him to provide proof to the contrary, he waives the right to contest them in the event of a dispute.
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Article 3 - Creation of a customer account
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The creation of a "customer account" is a prerequisite for any order from the Customer on this Site. To this end, the Customer will be asked to provide a certain amount of personal information such as his name and first name, his email address, his postal address and his telephone number, this list not being exhaustive. As such, the Customer undertakes to provide accurate information. The Customer is responsible for updating his data. He must therefore immediately notify the Seller in the event of a change. The Customer is solely responsible for the veracity, accuracy and relevance of the data provided.
The Customer registered on the Site has the possibility of accessing it by logging in using their credentials (e-mail address defined during registration and password) or possibly by using systems such as third-party social network connection buttons. . The Customer is fully responsible for protecting the password he has chosen. He is encouraged to use strong passwords. If the password is forgotten, the Customer has the possibility of generating a new one. This password constitutes the guarantee of the confidentiality of the information contained in its "my account" section and the Customer therefore refrains from transmitting or communicating it to a third party. Otherwise, the Seller cannot be held responsible for unauthorized access to a Customer's account.
The customer account allows the Customer to consult all his orders made on the Site. If the data contained in the customer account section were to disappear following a technical failure or a case of force majeure, the Seller's liability could not be engaged, this information having no probative value but only a informative. The pages relating to the customer account are freely printable by the Customer holder of the account in question but do not constitute proof, they are only informative in nature intended to ensure efficient management of his orders or contributions by the Customer.
Each Customer is free to close his account on the Site. For this, he must send an e-mail to the Seller indicating that he wishes to delete his account. No recovery of its data will then be possible.
The Seller reserves the exclusive right to delete the account of any Customer who has contravened these GTC (in particular and without this example being of any kind whatsoever, when the Customer has knowingly provided incorrect information, when registering and of the constitution of his personal space) or any account inactive for at least one year. Said deletion will not be liable to constitute damage for the Customer who will not be able to claim any compensation for this fact. This exclusion does not exclude the possibility for the Seller to take legal action against the Customer, when the facts have justified it.
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Article 4 - Terms of subscription of orders and description of the purchase process
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The Products and Services offered are those which appear in the catalog published on the Site. These Products and Services are offered within the limits of available stocks. Each Product is accompanied by a description established by the Seller based on the descriptions provided by the supplier.
The photographs of the Products in the catalog reflect a faithful image of the Products and Services offered but do not constitute a contractual commitment insofar as they cannot ensure perfect similarity with the physical Products.
The intangible object grouping together all the Products or Services selected by the Site Customer for a purchase by clicking on these elements will be defined below as "Basket". In order to proceed with his order, the Customer chooses the Product (s) he wishes to order by adding them to his "Basket", the content of which can be modified at any time.
As soon as the Customer considers that he has selected and added to his basket all the Products he wishes to buy, he will have the possibility, to validate his order, to access his basket by clicking on the button provided for this purpose. He will then be redirected to a summary page on which he will be informed of the number and characteristics of the Products ordered, as well as their unit price.
If he wishes to validate his order, the Customer must check the box relating to the ratification of these GTC and click on the validation button. The Customer will then be redirected to a page in which he will have to fill in the order form fields. In the latter case, he must provide a certain number of personal data concerning him, necessary for the smooth running of the order.
All orders placed on the Site must be duly completed and must specify this necessary information. The Customer may make changes, corrections, additions, or cancel the order, until it is validated.
Once the Customer has completed the form, he will then be invited to make his payment using the means of payment listed in the section of these GTC relating to payments. After a few moments, the Customer will be sent an order confirmation email, reminding him of the content of the order and the price thereof.
The Products sold remain the property of the Seller until full payment of their price, in accordance with this retention of title clause.
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Article 5 - Price and terms of payment
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Unless otherwise stated, the prices appearing in the catalog are prices understood in Euros net to be paid (VAT not applicable, according to article 293 B of the CGI) and excluding possible participation in the costs of processing and shipping.
Vanessa Pocinho reserves the right at any time to modify its prices and to pass on, if applicable, any change in the VAT rate in force on the price of the Products or Services offered on the Site. However, the price appearing in the catalog on the day of the order will be the only one applicable to the Customer.
The Customer can place an order on this Site and can pay by paypal. Payments by credit card are made through secure transactions provided by an online payment platform provider.
This Site has no access to any data relating to the Customer's means of payment. Payment is made directly to the bank or the payment provider receiving payment from the Client. In the event of payment by check or bank transfer, the delivery times defined in the "Deliveries" article of these GTCS do not start to run until the date of effective receipt of payment by the Seller, the latter being able to provide payment. proof by any means. The availability of the Products is indicated on the Site, in the description of each Product.
Vanessa Pocinho will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy. The computerized registers will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
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Article 6 - Exceptions to the right of withdrawal
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The Site offers the sale of the following Products, for which the right of withdrawal of Consumer Customers cannot apply, by virtue of article L.221-28 of the Consumer Code: digital products downloadable directly from websites, if the product has been downloaded at least once which does not allow the customer to exercise his right of withdrawal.
The Customer acknowledges having read this list, notified prior to the sale in these GTC.
Services starting immediately after the purchase and fully executed before the end of the withdrawal period do not allow the Customer to benefit from his right of withdrawal if he has expressed an express waiver of his right of withdrawal. The right of withdrawal cannot be exercised in the context of the supply of digital content not supplied on a material medium whose execution began before the end of the withdrawal period with the Customer expressly waiving his right of withdrawal.
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Article 7 - Product warranty
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Legal provisions to be reproduced
When acting as a legal guarantee of conformity, the consumer has a period of two years from the delivery of the goods to act; he can choose between repairing or replacing the good, subject to the cost conditions provided for in article L.217-9 of the Consumer Code; except for second-hand goods, it is not necessary to prove the existence of the lack of conformity of the good during the six months following the delivery of the good, period extended to 24 months from March 18, 2016.
The legal guarantee of conformity applies independently of any commercial guarantee granted.
The consumer may decide to implement the guarantee against hidden defects of the item sold within the meaning of article 1641 of the Civil Code, unless the seller has stipulated that he will not be bound by any guarantee; In the event that this warranty is implemented, the buyer has the choice between rescinding the sale or reducing the sale price in accordance with article 1644 of the Civil Code. He has a period of two years from the discovery of the defect.
The postponement, suspension or interruption of the limitation period cannot have the effect of extending the extinctive limitation period beyond twenty years from the date of the birth of the right in accordance with article 2232 of the Civil Code.
All items acquired on this site benefit from the following legal guarantees, provided for by the Civil Code;
Legal guarantee of conformity.
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According to articles L.217-4 et seq. Of the Consumer Code, the Seller is required to deliver goods in accordance with the contract concluded with the Consumer Customer and to respond to any lack of conformity existing during the delivery of the Product. The guarantee of conformity may be exercised if a defect should exist on the day of taking possession of the Product. However, when the defect appears within 24 months following this date (or within 6 months if the order took place before March 18, 2016 or the Product is sold second-hand), it is presumed to meet this condition. But, in accordance with article L.217-7 of the Consumer Code, "the Seller may challenge this presumption if it is not compatible with the nature of the [Product] or the lack of conformity invoked".
On the other hand, after this period of 24 months (or 6 months if the order took place before March 18, 2016 or the product is sold second-hand), it will be up to the Customer to prove that the defect actually existed at the time of taking possession of the Product.
In accordance with article L.217-9 of the Consumer Code: “in the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a manifestly disproportionate cost compared to the other modality, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer ”.
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Legal guarantee against hidden defects
According to articles 1641 to 1649 of the Civil Code, the Customer may request the exercise of the warranty against hidden defects if the defects presented did not appear during the purchase, were prior to the purchase (and therefore do not result from normal wear and tear of the Product for example), and are sufficiently serious (the defect must either render the Product unfit for the use for which it is intended, or reduce this use to an extent such that the buyer would not have purchased the Product or would not have bought it at such a price if he had known the defect).
Complaints, requests for exchange or reimbursement for a non-compliant Product must be made by post or by email to the addresses indicated in the legal notices of the site.
In the event of non-compliance of a delivered Product, it may be returned to the Seller who will proceed with its exchange. If the Product cannot be exchanged (obsolete Product, out of stock, etc.) the Customer will be reimbursed by check or transfer for the amount of his order. The costs of the exchange or refund procedure (in particular the return shipping costs of the Product) are then the responsibility of the Seller.
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Article 8 - Customer service
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Customer service for this Site is accessible by e-mail at the following address: kiromohecontact@gmail.com or by post at the address indicated in the legal notices.
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Article 9 - Liability
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The Seller Vanessa Pocinho cannot be held responsible for the non-performance of the contract concluded due to the occurrence of an event of force majeure. Regarding the Products purchased, the Seller will not incur any liability for any indirect damage as a result of these, operating loss, loss of profit, damage or costs, which may occur.
The choice and the purchase of a Product or a Service are placed under the sole responsibility of the Customer. The total or partial inability to use the Products, in particular due to incompatibility of the equipment, cannot give rise to any compensation, reimbursement or questioning of the Seller's liability, except in the case of a proven hidden defect, non-compliance, defect or exercise of the right of withdrawal if applicable, i.e. if the Customer is not a Consumer Customer and the contract entered into to acquire the Product or the Service allows the withdrawal, depending on the article L 221-18 et seq. of the Consumer Code.
The Customer expressly admits to using the Site at his own risk and under his exclusive responsibility. The Site provides the Customer with information for information only, with imperfections, errors, omissions, inaccuracies and other ambivalences that may exist. In any case, Vanessa Pocinho can in no way be held responsible:
any direct or indirect damage, in particular with regard to loss of profits, loss of profit, loss of customers, data that may, among other things, result from the use of the Site, or on the contrary from the impossibility of its use ;
a malfunction, unavailability of access, improper use, improper configuration of the Customer's computer, or even the use of a browser that is little used by the Customer;
the content of advertisements and other links or external sources accessible by Customers from the Site.
The photographs and visuals of the Products presented on the Site are not contractual in nature, the Seller cannot therefore be held liable if the characteristics of the Products differ from the visuals on the Site or if the latter are incorrect or incomplete.
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Article 10 - Intellectual property rights
All elements of this Site belong to the Seller or a third party agent, or are used by the Seller with the permission of their owners.
Any reproduction, representation, adaptation of logos, textual, pictographic or video content, without this enumeration being exhaustive, is strictly prohibited and amounts to counterfeiting.
Any Customer who is found guilty of counterfeiting would be likely to have his account deleted without notice or compensation and without this deletion being able to constitute damage to him, without reserve of possible subsequent legal proceedings against him, on the initiative of the Seller or its agent.
The brands and logos contained on the Site may be registered by Vanessa Pocinho, or possibly by one of its partners. Anyone carrying out their representations, reproductions, overlaps, broadcasts and reruns incurs the penalties provided for in Articles L.713-2 and following of the Intellectual Property Code.
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Article 11 - Independence of clauses
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If any provision of the T & Cs is deemed illegal, void or for any other unenforceable reason, then this provision will be deemed severable from the T & Cs and will not affect the validity and enforceability of the remaining provisions.
These present GTC replace all prior or contemporary written or oral agreements. The GTC are not assignable, transferable or sublicensable by the Customer himself.
A printed version of the GTC and all notices given in electronic form may be requested in legal or administrative proceedings relating to the GTC. The parties agree that all correspondence relating to these T & Cs must be written in the French language.
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Article 12 - Applicable law and mediation
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These GTC are governed by and subject to French law.
Unless there are provisions of public order, any disputes that may arise in the context of the execution of these GTCS may, before any legal action, be submitted to the Site Editor for assessment with a view to an amicable settlement.
It is expressly recalled that requests for amicable settlement do not suspend the time limits for instituting legal proceedings. Unless otherwise provided for in public order, any legal action relating to the execution of these GTCS must be subject to the jurisdiction of the courts of the jurisdiction of the place of domicile of the defendant.
Consumer mediation
According to article L.612-1 of the Consumer Code, it is recalled that “every consumer has the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of the dispute between him and a professional. To this end, the professional guarantees the consumer effective recourse to a consumer mediation system ”.
As such Vanessa Pocinho offers its Consumer Customers, in the context of disputes that have not been resolved amicably, the mediation of a consumer mediator, whose contact details are as follows:
Mediator of the Médicys approved mediation center
It is recalled that mediation is not compulsory but only offered in order to resolve disputes while avoiding recourse to justice.