OUR GENERAL CONDITIONS OF SALE
Mise à jour: 17/01/2024
Preamble
The present General Conditions of Sale are concluded between :
Mr Martin DAHLBENDER and Mrs Claire LE ROY-DAHLBENDER, owners and operators of the Kabambi.com, a sole proprietorship registered at the RCS of QUIMPER under the number 414 758 458 - Intracommunity identification number / VAT Identification FR0F 414 758 458, and whose head office is established in France, 6 Place de la République, 29770 AUDIERNE, hereinafter referred to as "Kabambi", - and any individual or legal entity purchasing product(s) offered for sale on the website www.Kabambi.com, hereinafter referred to as the "Client".
Definitions
The following definitions shall apply in these general terms and conditions of sale:
- Site": refers to the site accessible via the Internet at the address https://www.Kabambi.com.
- Consumer": a non-trading natural person, aged at least 18 years and having the legal capacity to contract or having the authorisation of the authorised person at the date of validation of his order, who takes part in an exchange of a commercial nature for personal, family or domestic purposes.
- "Professional" means a natural or legal person acting in the course of his or her professional or business activity.
- "Customer": Consumer and/or Professional placing an order on the website www.Kabambi.com using the shopping cart or placing an order by e-mail or telephone.
- Order": Refers to the sales contract concluded between the Customer and Kabambi.
- Recipient" means the natural person designated by the Customer to receive the order.
Entirety
The present conditions express the entirety of the obligations of the parties. In this sense, the Customer is deemed to accept without reservation all the provisions of these general conditions. No general or specific condition appearing in the documents sent or handed over by the Customer may be integrated into these terms and conditions, insofar as such condition would be incompatible with these general conditions.
Article 1: Purpose
The present General Terms and Conditions of Sale aim to define the contractual relationship between Kabambi and the Client and the conditions applicable to any purchase of products made on the Site, whether the Client is French or foreign, whether he is a Professional or a Consumer.
Article 2: Duration
The present conditions are applicable during the entire time that the products offered by Kabambi are online.
Article 3: Accessibility, acceptance and opposition to the general conditions of sale
Accessibility of the general terms and conditions of sale: Any Internet user can read the general terms and conditions of sale on the Site by clicking on the hypertext link at the bottom of each page of the Site. The general conditions of sale may be subject to change, the conditions applicable are those in force on the Site at the date of placing the order.
Acceptance of the general terms and conditions of sale: The Customer acknowledges having read the general terms and conditions of sale and expressly declares that he accepts them once he has confirmed his order on the Site. For orders that are not placed online on the Site (e-mail, telephone, etc.), the Customer acknowledges having read and expressly accepts the general terms and conditions of sale when he/she receives and does not contest his/her order confirmation e-mail. By accepting the general terms and conditions of sale, the Customer accepts without reservation the entirety of the stipulations set out in these conditions, to the exclusion of all others. The general terms and conditions of sale are valid for the duration necessary for the supply of the goods until the expiry of their guarantees.
Article 4: Product information and prices
Viewing product features : Kabambi presents on its website the products as well as their detailed descriptions allowing the Client to know, before placing a final order, their essential characteristics. The photographs of the products presented on the Site are as accurate as possible but cannot ensure a perfect similarity with the products offered, particularly with regard to colours. The photos shown on the Site are not contractual. Some products being unique pieces made by hand or in limited series, some minimal differences may exist from one article to another.
Prices and Taxes : The prices of the products presented on the Site are indicated in Euros, all taxes included. They take into account the VAT, at the rate applicable in France, and possible reductions applicable on the day of the order.
The prices of the products are exclusive of delivery costs. The amount of the delivery costs will be specified in the "Order Summary" section of the basket before the final validation of the order.
If one or more taxes or contributions, in particular environmental taxes, were to be created or modified, either upwards or downwards, this change could be reflected in the selling price of the products on the Site and on the various sales media.
However, a price cannot be changed once the order has been validated.
Article 5 : Order
To place an order, the Customer must identify himself with his e-mail address and his password. For any first order, the Customer must create an account. Once the basket is validated, the Customer must choose the address and the delivery method, and validate the payment method. This last step formalizes the sales contract with Kabambi. Any order implies acceptance of the prices and descriptions of the products available for sale. Kabambi will acknowledge receipt of the order as soon as it is validated by e-mail.
The personal information collected during the order process is used exclusively for the purpose of processing orders and is neither resold nor communicated to third parties (see also the Legal Notice of the Site).
For any question relating to the follow-up of an order, the Customer can consult his account on the Site or call 07 71 10 55 08 from Monday to Saturday from 9am to 6pm.
Article 6: Payment
Means of payment : The following secure payment methods can be used: CB, e-Card, Visa, Mastercard, Paypal, bank transfer and cheque. If the payment is refused by the authorisation centre, Kabambi will not be able to proceed with the shipment of the order. In the case of payment by cheque or bank transfer, the order will only be accepted when the total amount of the order in Euros is credited to Kabambi's bank account. Cheques should be made payable to Kabambi and sent to Kabambi, 6, Place de la République, 29770 AUDIERNE (France).
Invoice: The original invoice is only available in the Customer's online account, including when the delivery address is different from the billing address. The order form or the order confirmation cannot take the place of an invoice.
Transfer of ownership: The articles remain the property of Kabambi until full payment has been received by Kabambi. The price of the articles is payable in full and in a single payment.
Article 7 : Order confirmation
A confirmation e-mail is sent by Kabambi to the Customer upon receipt of the order, subject to the validity of the e-mail address indicated in the registration form. If the e-mail is not received, the Customer must contact Kabambi at the following address contact@kabambi.com.
The customer is responsible for verifying the completeness and conformity of the information provided to Kabambi, which cannot be held responsible for any errors, delays or delivery mistakes. In this context, all costs incurred for the reshipment will be charged to the customer.
In case of payment by check, the ordered articles are reserved 5 (five) days as from the date of order. The cheque will then be cashed upon receipt. If the cheque is not received within 5 (five) days, Kabambi reserves the right to cancel the order and return the cheque to the Customer.
Article 8: Right of withdrawal and refund
In accordance with article L121-21 of the French Consumer Code, the Consumer has a legal period of 14 days to exercise his right of withdrawal from Kabambi, from the date of receipt of the goods, without having to justify his reasons or pay any penalties. The return is carried out under the conditions defined in article 9 below, without excessive delay and, at the latest, within 14 days following the communication of the decision to withdraw.
The costs of returning the products are at the expense of the Consumer, unless the return is due to an error on the part of Kabambi.
The right of withdrawal does not apply to products personalised at the request of the Consumer.
Kabambi will reimburse the Consumer for the full amount paid, including delivery costs (within the limit of standard delivery costs), within 10 days from the date of receipt of the returned products by the Consumer. When the time limit expires on a Saturday, Sunday or public holiday, it is extended until the next working day. If the Consumer does not return the entire order and keeps one or more of the ordered products, the amount of the "outbound" delivery costs will not be refunded by Kabambi. The refund will be made via the same payment method used for the returned order.
However, in the event of full or partial payment by gift cards, it is specified that these cannot be reimbursed in cash, by cheque or by bank card. Refunds for purchases made with gift cards will be made exclusively in the form of gift cards for the same amount as that paid in this form.
No cash on delivery will be accepted for any reason.
To exercise his right of withdrawal, the Consumer must send Kabambi the standard withdrawal form to be filled in (see appendix), by e-mail or post, or any unambiguous statement indicating the intention to return the product.
The majority of our articles being unique pieces, the products cannot be exchanged, even in the case of a retraction. The customer will be reimbursed according to the above conditions, and will place a new order if he wishes.
Article 9: Conditions of return of the products
The product(s) must be returned in their original packaging, intact, with all accessories and documentation, in perfect condition for resale (not used, not soiled, not damaged, ...), with the indication of the order number to which the products relate. The returned products travel at the expense and risk of the Consumer. It is the Consumer's responsibility to keep all proof of return. Any product returned damaged, incomplete, dirty, missing or whose original packaging has been damaged, will not be reimbursed and will be reshipped to the Consumer at his/her expense. All returns must be made to the following address
Kabambi – 424 Kervennec – 29780 Plouhinec – FRANCE.
Article 10: Guarantees
Le client dispose d’un délai de 3 (trois) jours à compter de la livraison pour formuler toutes réserves ou réclamations pour non-conformité ou vice apparent des articles livrés, par e-mail via le formulaire de contact, ou par courrier recommandé avec avis de réception à l’adresse suivante : Kabambi, 424 Kervennec, 29780 Plouhinec, France. Passé ce délai et à défaut d’avoir respecté cette formalité, les articles seront réputés conformes et exempts de tout vice apparent et aucune réclamation ne pourra être valablement acceptée par Kabambi.
If the apparent defect or the lack of conformity of the article is proven, Kabambi commits itself to replace the article or to reimburse the customer as soon as possible and at its own expense.
This refund will be made within a maximum of 30 days. Kabambi cannot be held responsible for the misuse and/or intensive use of the articles by the customer.
Article 11: Terms of use for gift cards
The customer can purchase one or more Kabambi gift cards on the Site. These Kabambi gift cards can only be used on the www.Kabambi.com website. They cannot benefit from any other promotional code when purchased.
A Kabambi gift card is valid for one year from the date of payment (issue date). It cannot be exchanged for cash. If a Kabambi gift card is not activated within one year from the date of issue, the corresponding amount will be considered to be definitively acquired by Kabambi.
If the value of an order using a Kabambi gift card is higher than the value of the Kabambi gift card, the remaining balance can be paid either by credit card or by Paypal. Payment with another Kabambi gift card or Kabambi voucher is not accepted. If the value of an order using a Kabambi gift card is less than the value of a Kabambi gift card, the remaining balance will be credited automatically to the Beneficiary's gift card account. The Beneficiary can pay for his next order by choosing this method of payment and by completing his payment, if necessary, by bank card or Paypal.
Features of a gift card and transformation into a gift voucher :
The Customer who has ordered a gift card can select the gift card of his choice according to the chosen occasion (Birthday, Valentine's Day, Mother's Day, Christmas ....). The customer selects the amount of the gift card. Thereafter, the Customer can personalize the gift card by indicating a personalized message to the beneficiary. The gift card can be sent according to the following options: Either the Customer prints the gift card at home or sends the gift card by email to the Beneficiary (with a sending date if the card is to be sent to the Beneficiary on a specific date). The Customer can also view a PDF preview of the gift card that will be sent to the Beneficiary.
The gift card, sent by e-mail or printed, contains a code to be transmitted to the final beneficiary. This third party beneficiary will enter this code when placing their order (under "Vouchers"), allowing them to redeem the amount on their gift card.
A Kabambi gift card is neither breakable nor refundable and cannot be exchanged for cash. In case of return of an item paid with a gift card voucher, Kabambi will first refund the possible monetary supplement and then reactivate the amount paid with the original gift card voucher as a voucher.
Kabambi reserves the right to cancel any Kabambi gift card order, gift voucher or order of items paid for with one or more gift cards that it believes may present a risk of fraud.
Article 12 - Customer reviews
The CUSREV solution adopted by Kabambî aims to solicit a customer review resulting from an order placed by a customer on our website www.kabambi.com or in our store located in Audierne (29).
Thus, when a consumer places an order with Kabambî, the following personal data will be collected and transmitted to CUSREV:
- Family name
- First name
- Email address
- Date and reference of the order
- Name and internal and international references (GTIN / ISDNF) of the product(s) ordered.
After each order, our partner CUSREV invites you by email or SMS to leave a customer review on your consumption experience, to which is attached a hyperlink referring you to a customer review form.
This invitation, valid for three months, is only sent to you when you have placed an order or made a purchase from Kabambî.
You will not be asked to create a personal space on the CUSREV partner site.
When you submit a customer review by filling out the form, CUSREV necessarily collects the following data:
- The ratings you give to your consumer experience
- Your comments and observations on your consumer experience
- The date and time of your customer review
- The IP address of the device used to file a notice.
You can read the terms and conditions of the treatment of your customer's opinion by CUSREV here: https://www.cusrev.com/terms.html
Article 13: Applicable law - Disputes
The General Terms and Conditions of Sale are subject to French law. In the event of a dispute, the Client may file a complaint with Kabambi's Customer Service by e-mail at contact@kabambi.com or by telephone at +33 (0)7 71 10 55 08 in order to find an amicable solution. In the absence of an amicable agreement between the parties, the dispute will be submitted to the court of 29- Quimper (the only competent court in this matter).
Appendix: Withdrawal Form
Download the form in PDF and send it back to us within 14 days after the date of reception either by mail or by email to contact@kabambi.com.