General Terms and Conditions of Sale

Updated : 01/07/2017

Preambule

The Terms and Conditions detailed below are made between :


Martin DAHLBENDER and Claire LE ROY-DAHLBENDER, as individual owners of Kabambi, registered in the register of companies in Quimper, France, under the number 414 758 458. - VAT Identification FR29 414 758 458,  whose registered office is in France at 6, rue Léon Gambetta, 29770 AUDIERNE, hereafter referred to as «Kabambi», - and any person or legal entity purchasing a product or products offered for sale on the website www.Kabambi.com, hereafter referred to as the «Customer».


Definitions:

The following definitions are applicable to these terms and conditions of sale :
- «Website» : refers to the website accessible via the Internet network at the address https://www.Kabambi.com.
- «Consumer» : a physical person, not a trader, aged 18 years or over and with the legal capacity to contract or a person authorised to act on behalf of the said person at the date the order is placed, who takes part in an exchange of a commercial nature for personal, family or domestic purposes.
- «Professional» : a person or legal entity acting within the context of his/her professional or commercial activity.
- «Customer» : Consumer and/or Professional placing an order on the website www.Kabambi.com by using the shopping basket, or by email or telephone.
- «Order» : refers to the sales contract made between the Customer and Kabambi.
- «Recipient» refers to the person appointed by the Customer to receive the order.


Entire agreement

These conditions set out all the obligations of the parties concerned. In this sense, the Customer is considered to accept unconditionally all of the terms and conditions specified therein. No general or specific condition contained in documents sent or given by the Customer can be integrated into these conditions, insofar as the said condition would be incompatible with these general terms and conditions.

Article 1 : Object

The aim of these General terms and Conditions of Sale is to define the contractual relationship between Kabambi and the Customer and the conditions applicable to every purchase of products made on the Website, whether the Customer is French or foreign, Professional or a Consumer.

Article 2: Duration

These conditions are applicable for the total duration of the online products offered by Kabambi.

Article 3 : Accessibility to, acceptance of and opposition to the general terms and conditions of sale

Accessibility of the general conditions of sale : All internet users can read the general terms and conditions of sale on the Website by clicking on the relevant link at the bottom of each page of the Website. As the general conditions of sale may be subject to modifications, the applicable conditions are those which are valid on the Website at the date when the order is placed.

Acceptance of general conditions of sale : The Customer acknowledges that he has read the general conditions of sale and expressly states that he accepts them as soon as he has confirmed his order on the Website. Where orders are not placed online (email, telephone, etc.) the Customer acknowledges that he has read the general conditions of sale and expressly states that he accepts them as soon as he receives, and does not oppose, the order confirmation. By accepting the general conditions of sale, the Customer unconditionally accepts all of the provisions set out in the aforesaid conditions, to the exclusion of all others. The general conditions of sale are valid for the length of time necessary to supply the goods until the expiry of their guarantee.

Article 4 : Product and Price Information

Consultation of product specifications : Kabambi present products on their Website along with detailed descriptions which allow the Customer to know their essential specifications, before placing a firm order. The photographs displayed on the Website are as accurate as possible but cannot guarantee to be perfectly similar to the products offered for sale, particularly with regard to colours. The photos shown on the Website are not legally binding. As some products are unique, hand-made objects or a limited series, some small differences can exist between one article and another.

Prices and Taxes : The prices of the products presented on the Website are shown in Euros and are inclusive of all taxes. They take into account Value Added Tax, at the rate applicable in France, and any eventual reductions which are applicable on the day the order is placed.

The prices of the products shown do not include delivery charges. The amount of delivery charges will be specified in the section « Order Summary » of the shopping basket before the final validation of the order.

If one or more taxes or contributions, notably environmental, should be created or modified, increased or reduced, this change may be reflected in the sale price of the products presented on the Website and different sales media.

In all cases, a price cannot be modified once an order is validated.

Article 5: Order

To place an order, the Customer must identify himself using his email address and password. To place an order for the first time, the Customer must create and account. Once the shopping basket has been validated, the Customer must choose a Delivery method and validate the payment method. This final step formalizes the sales contract with Kabambi. Placing an order implies acceptance of the prices and descriptions of the products available for sale. Kabambi will acknowledge receipt of the order by email as soon as the order is sent.

The personal information gathered when placing an order is only used to process the order and is not resold nor passed on to a third party (see also Legal Notes).

The Customer can consult his online account or call (+33) 771 105 508 Monday – Saturday, 09.00 to 18.00 for information concerning an order.

Article 6: Payment

Methods of payment : The following secure payment methods may be used : CB, e-carte Bleue, Visa, Mastercard, Paypal and Bank Transfer. If payment is refused by the Authorisation Centre, Kabambi will be unable to dispatch the order. Where payment is made by bank transfer, the order will not be processed until the total amount of the order has been credited to Kabambi’s bank account. Check payments are only possible with french checks and customers based in France. Cheques should be sent to the order of Kabambi and sent to: Kabambi, 6, rue Léon Gambetta, 29770 AUDIERNE, France. 

Invoice : The original invoice is only available in the Customer’s online account, even when the delivery address is different from the billing address. The order form or confirmation cannot be used instead of an invoice.

Transfer of ownership : goods remain the property of Kabambi until full payment has been received by Kabambi. Goods must be paid in full in one payment only.

Article 7 : Order Confirmation

A confirmation email is sent by Kabambi to the Customer as soon as an order is received, subject to the validity of the email address indicated in the registration form. If no confirmation email is received, the Customer should contact Kabambi at the following email address: contact@kabambi.com.

The Customer should check that the information given to Kabambi is valid and correct. Kabambi cannot be held responsible for any possible errors, delays or delivery errors resulting from incorrect information. In this context, all charges for returning goods will be payable by the Customer.

Article 8 : Right to Cancellation and Refund

In accordance with Article L121-21 of the French Consumer Code, the Consumer has the legal right of 14 clear days from the date the goods are received in which to cancel the purchase from Kabambi without having to give any reason or pay any penalties. Goods must be returned under the terms set out in Article 9 below, without an excessive delay and, at the latest, within the 14 days following the notification of cancellation.

Charges for returning goods are payable by the Consumer, except where the return is due to an error on the part of Kabambi.

The right to cancellation does not apply to goods which have been personalised at the request of the Consumer.

Kabambi will refund the Consumer in full, inclusive of delivery charges (standard delivery charges apply) within the 10 days following the receipt of the goods returned by the Consumer. When the 10 day period expires on a Saturday, Sunday or Public Holiday, the delay is extended until the next working day. If the Consumer does not return all of the order and keeps one or more of the products ordered, the initial delivery charge will not be refunded by Kabambi. The refund will be made by the same method used when the order was placed.

It must however, be made clear that if total or part payment is made using gift vouchers, these cannot be refunded in cash, by cheque or by credit/debit card. Refund of purchases made using gift vouchers can only be made using gift vouchers for the same amount as that originally used for payment.

No goods will be dispatched under the terms of cash on delivery for any reason whatsoever.

To exercise his right to cancellation, the Consumer must send Kabambi the relevant form duly completed (see Appendix) by email or by post, or a clear, unambiguous statement stating his intention to return the product.

As the majority of our articles are unique, they cannot be exchanged even under the right of cancellation. The customer will be refunded under the terms stated above and can, if he wishes, place a new order.

Article 9 : Condition of returned products

Goods must be returned intact in their original packaging, with any accessories and instructions, in perfect condition (unused, clean, undamaged) showing the relevant order number. Goods are returned at the expense and risk of the Consumer. It is up to the Consumer to keep any proof of return. Any product returned in a damaged state, incomplete, dirty, missing or whose original packaging is damaged, will not be refunded and will be returned to the Consumer at his expense. All returns must be made to the following address :

Kabambi – Lieu-dit Kervennec - 29780 Plouhinec - FRANCE.

Article 10: Guarantees

The customer has 3 (three) days from delivery of the order to lodge any reservation or complaint regarding non-conformity or obvious defects of the articles delivered, either by email using the contact form or by registered post to the following address CHRYSALIDE-Dahlbender / Kabambi, Lieu-dit Kervennec, 29780 Plouhinec, France. Once this delay has passed and this formality has not been respected, the articles will be deemed to be standard and free of any obvious defect and no complaint will be able to be validly accepted by Kabambi.

If the obvious defect or non-conformity of the article is proved, Kabambi agree to replace the article or refund the customer as quickly as possible and at their expense.

This reimbursement will be made within a maximum of 30 days. Kabambi cannot be held responsible for any possible misuse and / or intense utilisation of the articles by the customer.

Article 11: Conditions of use for gift cards (gift vouchers)

The customer can purchase one or more Kabambi gift cards on the website. Kabambi gift cards can only be used on the website www.Kabambi.com. They cannot be the subject of any promotional code when they are purchased.

A Kabambi gift card is valid for one year from the date of issue. It cannot be exchanged for cash. If the Kabambi gift card is not used within one year of its date of issue, the corresponding amount will be deemed to be the property of Kabambi.

If the value of an order made with a gift card is greater than the value of the gift card, the outstanding balance is payable by credit/debit card or Paypal. Payment by bank transfer or by another Kabambi gift card or reduction voucher is not accepted. If the value of an order with a Kabambi gift card is less than the value of the gift card, the balance is automatically credited to the Beneficiary’s gift card account. The Beneficiary can pay for his next order using this payment method and by completing the payment if necessary by credit /debit card or Paypal.

Using a gift card:

The Customer can select the gift card of his choice depending on the chosen occasion (Birthday, Valentine's, Mother's Day, Christmas ....). The Customer selects the amount of the gift card. Thereafter, the Customer can customize the gift card indicating a personalized message to the Beneficary. The gift card can be sent to the Beneficiary using the following options: Either the Customer print the gift card himself, or he sends the gift card by mail to Beneficiary (with date of dispatch if the card should be sent to the Beneficiary to a precise date). The Customer also has the option to preview a PDF-file of the gift card which will be sent to the Beneficiary. The gift card, sent by email or printed, contains a code to be transmitted to the final Beneficary. This third party Beneficiary seize this code when placing his order (under "Vouchers"), enabling it to assert the amount of the gift card.

A Kabambi gift card is neither divisible nor refundable and cannot be exchanged for cash. Where an article paid for using a gift card is returned, Kabambi will first refund any eventual money paid in addition to the gift card, and will then reissue a gift card for the same amount as the original gift card.

Kabambi reserve the right to cancel any order for Kabambi gift cards or any order paid for using one or more gift cards which it considers as presenting a risk of fraud.

Article 12 : Applicable legislation in the event of dispute

The General Terms and Conditions of Sale are governed by French law. In the event of a dispute the Customer should complain to Kabambi Customer Service by email to contact@kabambi.com or by telephone +33 (0) 7 71 10 55 08 in order to reach an amicable solution. If no amicable solution between the parties can be reached, the dispute will be put before the French courts, the sole competent authority.

Appendix: Cancellation Form

Please complete and send this form only if you wish to cancel the order you made on Kabambi.com (products sold and dispatched by Kabambi) :

For the attention of Kabambi– Service Clientèle – Lieu-dit Kervennec – 29780 Plouhinec, France.

I hereby inform you that I wish to cancel the sales agreement for the goods detailed below :

Description of the article :

Date ordered* : / received* :

Order number :

Customer name(s) :

Customer address(es) :

Signature of customer(s) (only if the form is printed out and posted):

(*) Delete what is not applicable

Send the form by registered post.


Need help ?

Please call us at
07 71 10 55 08
02 98 95 73 70

If you wish to return a product because you have changed your mind, you can do so within 15 days.

Satisfied or refunded

15 day return policy