The purchase of products using the site www.kidsaround.com published by French company CWF SAS implies unqualified acceptance of the following provisions:
ARTICLE 1 – THE SELLER
These Terms of Sale are those of CWF SAS, a French Simplified Limited Company (Société par Actions Simplifiée) whose registered office is 6 rue de la Tisonnière - 85500 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 Contact: telephone number and postal address are available by clicking the “Contact” link in the footer of the Site
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's attention is also drawn to the specific conditions of sale and use of electronic gift cards and the embroidery service, indicated in Articles 12 and 13 of these Terms & Conditions.
‘Customer’: a natural person placing an Order for the purchase of a product or service on the Site,
‘Order’: the Customer's commitment to acquire the Products selected by them under the conditions described in these Terms & Conditions.
ARTICLE 3 – ORDERING AND PRICE
3.1. The Customer can order Products and Services via the Site.
3.2. By clicking the "Order" button, and after checking the contents of the Order in his/her cart, the Customer declares that he/she fully accepts all of these Terms and Conditions of Sale without restriction or reservation.
In accordance with the provisions of Article 1127-1 of the French Civil Code, these Terms of Sale may be saved by any person visiting the Website by means of a computer download and may be reproduced via printing.
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.
3.3. The price of each Product is stated, all taxes included, in the applicable currency, in the corresponding product sheet. Prices do not include shipping costs which are charged in addition to the price of the Products purchased. Any shipping costs of the Order will be indicated to the Customer before the final validation thereof.
3.4. 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 4 – CONFORMITY - DEFECTS
In case of a lack of conformity or hidden 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 5 – 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 6 – CANCELLATION PERIOD
The Customer has the right to cancel the purchase and return the product(s) delivered.
This right to cancel (withdrawal) holds for thirty clear days from the date of receipt of the Products, and shall be exercised through the “Customer account” and follow the instruction stated below in article 7 ”Methods for returns”.
Reimbursement will be made to the Customer using the same means of payment used by the Customer within the period of fifteen days from receipt by the Site of the returned products, as long as it meets the aforementioned requirements. Processing times may be longer for any returns that do not follow the indicated procedure.
In accordance with the provisions of article L.221-28 of the French Consumer Code, the Customer cannot benefit from the right of withdrawal for embroidered articles (see article 12 below), nor for the personalised message service accompanying a gift card (see article 13 below).
ARTICLE 7 – METHODS FOR RETURNS
To request a return the Customer must first initiate the process through its customer account, and print both:
- a returns form from its customer account
- a shipping label from FedEx (unless the return is due to an error made by the Site (wrong size, color, defect…) cost of return shipping will be at the Customer expense.
To initiate a return, the Customer must :
1) Sign into his/her account
2) In the "My Account/My Returns" section, select the order and then the items he/she wishes to return and click "Request return"
3) Print the return form.
4) Print his/her return label.
5) Pack the products to be returned, putting the return form into the package, and then affixing the return label on the package.
6) Drop his/her package off.
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,
- 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 in condition for resale
The Site reserves the right to refuse or not refund the full amount of the Product if it does not meet the requirements listed here. Products purchased at another retailer may not be returned via the Site.
ARTICLE 8 – FEES
Payment for Products is made by means of a payment card.
The payment cards currently accepted are: CB, Visa, MasterCard and American Express.
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 9 – 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 10 – DELIVERY
10.1. Delivery Zone :
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 Continental United States only defined as 48 US states and the district of Columbia-but excluding Alaska, Hawaï, Puerto Rico, Guam, APO/DPO/FPO addresses and other US territories (hereinafter “the Delivery Zone”).
It is not possible to place an order for any shipping address located outside this Delivery Zone. For security reasons, the Site will not process any order for which a post office, P.O. box, is provided.
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.
10.2. Delivery period
Delivery shall be made within 5 business days of confirming the Order of the Product.
This period will be indicated in the Order summary and in the delivery tracking section on the Site.
10.3. 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.
10.4. 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.
10.5. Delivery Fees
The Site provides free shipping on orders over $200. For orders under this amount, a shipping fee of $15 for deliveries will be charged.
ARTICLE 11 – GUARANTEES
11.1. Legal guarantee
All Product on the Site are subject to the legal warranty conditions provided for by Articles L217-4 et seq. of the French Consumer Code (guarantee of conformity), and by Articles 1641 et seq. of the French Civil Code (guarantee against hidden defects), to the exclusion of all other warranties , in case of delivery of a defective or non-compliant product.
11.2. 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.
This guarantee will only apply on the condition that the customer makes a claim within two (2) years of delivery of the Product.
The customer may opt to have the Product repaired or replaced, unless one of these options results in a clearly disproportionate cost for the Site. The customer is exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four (24) months following delivery of the Product.
The legal guarantee of conformity shall apply independently of any commercial warranty provided.
Extracts from the applicable legal provisions:
Article L217-4 of the French Consumer Code
"The seller shall delivers goods hat complies with the contract and shall be liable for any nonconformity that exists when the good is handed over. The seller shall 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 good complies with 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 hat the seller presented to the buyer in the form of a sample or a model;
- it presents the qualities which a buyer can legitimately given the declarations made by the seller , the manufacturer or its representative, particularly in advertising or labeling;
2 ° Or if it has the characteristics defined by mutual agreement between 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
"Proceedings that result from nonconformity are time-barred for two years after the good is handed over"
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
"0Proceedings that result from critical defects must be instituted by the buyer within two years following the discovery of the defect".
ARTICLE 12 - CONDITIONS OF SALE OF EMBROIDERED PRODUCTS
12.1 By choosing the embroidered option, an additional cost is added to the initial sale price. The price of the embroidery is indicated on the Product sheet with the option available.
12.2 The delivery time for embroidered products is extended by three (3) days compared with the delivery time indicated in Article 11.2.
12.3. As indicated in Article 6, embroidered products cannot be subject to the right of withdrawal.
No refund or exchange can be made on these embroidered products, except in cases falling within the scope of Article 12.1.
12.4 The embroidery option may be interrupted, without prior notification, if the embroiderer is unavailable.
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.
As indicated in article 6, the personalised accompanying message service cannot be subject to the right of withdrawal.
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 make any changes to its 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 undertakes to process the personal data communicated by the Customer on the Site in compliance with the applicable regulations on ‘Data Protection’, in accordance with the terms of its Personal Data Protection Policy.
15.2 The Site informs the Customer that this data will be used by its internal departments and/or by the companies in the same group and/or by the shops operated under the Kids Around brand, and/or by its technical service providers:
- To inform the Customer of news and upcoming events, by sending information emails, postal letters or SMS messages,
- For the processing of the Customer’s Order,
- To strengthen and personalise communication, in particular by sending newsletters, special offers (and in particular contests, games, etc.) and special emails as part of the personalisation of the Site according to the preferences observed by the Customer,
- To collect opinions following an Order in order to measure Customer satisfaction with the products and services of the Site.
15.3 The Site informs Customers that they may also communicate their personal data to ensure the delivery of Orders by its service providers, certain aspects of after-sales service, and to carry out satisfaction surveys. In addition, the Site may also communicate this data to respond to an injunction from judicial or administrative authorities.
15.4 In accordance with the regulations on personal data protection, the Customer may at any time exercise their rights of access, rectification, deletion, opposition, limitation and portability, if applicable, to their personal data by sending a request (indicating e-mail address, last name, first name, postal address)by going to the ‘Contact’ section of the Site.
The Customer may object to commercial marketing by using the unsubscribe links included in marketing emails and SMS messages sent by CWF and by going to the ‘My Account’ section of the Site.
The Customer also has the right to contact his/her country’s data protection authority to file a complaint against the Site's data and privacy protection practices.
CWF has a Personal Data Protection Officer (DPO) that the Customer can contact by email at the address firstname.lastname@example.org (excluding exercise of rights which are carried out at the address of the CWF Customer Service stated in the “Contact” page).
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
These Terms and Conditions of Sale shall be executed and interpreted according to French law, but certain specific mandatory local rules may apply.
In case of dispute, the customer should first contact the Site to seek an amicable solution. The customer has also the option to use the European Dispute Resolution Platform, available under the following webpage: http://ec.europa.eu/consumers/odr/.
Failing this, the French courts will have jurisdiction.