Conditions générales de ventes
et politique de confidentialité
Society CLEMENCET CANDICE EMÉLIE
Registered with the RCS of Créteil under number 528 876 204
Whose head office is located at 19 rue du 18 Juin 1940 94700 Maisons-Alfort
1. Description of the seller
This site is accessible at the internet address www.kandix.fr . It is edited by CLEMENCET CANDICE EMÉLIE, registered with the RCS of Créteil under number 528 876 204 and whose head office is located at 19 rue du 18 Juin 1940 - 94700 Maisons-Alfort (hereinafter the “Company”).
His email address is firstname.lastname@example.org
The Company's consumer service can be contacted by post and by e-mail at the addresses indicated above.
The Company is the owner and publisher of the website www.kandix.fr (hereinafter “the Site”).
The Site is hosted by WIX / Wix.com Inc. domiciled at 500 Terry A François Blvd San Francisco, CA 94158 and reachable at +1 415-639-9034.
The director of the publication is Candice MONTI.
The Site offers the consumer (hereinafter “the Consumer”) the possibility of purchasing sewing patterns available in PDF version (hereinafter “the Products”).
Before any use of the Site, the Consumer must ensure that he has the technical and IT resources enabling him to use the Site and order the Products from the Site, and that his browser allows secure access to the Site. The Consumer must also ensure that the IT configuration of his material / equipment is in good condition and does not contain viruses.
2. General provisions relating to the General Conditions of Sale, hereinafter referred to as "the GTC".
2.1 Purpose of the GTC
The GTC are applicable exclusively to the online sale of the Company's Products on its merchant site www.kandix.fr . They are written in French and in case of doubt about the interpretation of a possible translation, only the original version in French will prevail.
2.2 Scope of the GTC
The GTC exclusively govern the online sales contracts of the Company's Products to purchasers having the status of Consumer. Together with the order confirmation email, they constitute the only contractual document.
2.3 Availability and enforceability of the GTC
The T & Cs are made available to Consumers on the site www.kandix.fr .
The Consumer acknowledges having accepted all the GTC without any reservation by checking the box provided for this purpose before placing an Order.
The validation of the Order by its confirmation constitutes acceptance by the purchaser of the GTC in force on the day of the Order. The conservation and reproduction of the T & Cs are ensured by the Company in accordance with article 1127-1 of the Civil Code.
2.4 Modification of the GTC
The Company reserves the right to modify the GTC at any time, for all or part of the clauses, without warning and without having to pay any compensation to the Consumer.
In the event of modification of the GTC, the applicable GTC are those in force on the day of the Order. A copy can be sent to it on request by the Company.
2.5 Severability clause of the GTC
The possible nullity of one of the clauses of the GTC does not entail the nullity of the GTC as a whole, only the clause being deemed unwritten loses its effect.
The temporary or definitive inapplicability of one or more provisions of the clauses of the T & Cs by the Company shall not constitute a waiver on its part of the other clauses of the T & Cs, which continue to produce their effects, to its possible advantage.
The Consumer who so wishes can obtain additional information on a Product, by making a request to the Company.
The Products offered for sale on the site are each the subject of a description mentioning their essential characteristics, in accordance with article L.111-1 of the Consumer Code.
The Products offered for sale are described and presented with the greatest possible accuracy. However, a minimal variation in the perception of the colors and sizes of the Products does not engage the responsibility of The Company and does not affect the validity of the sale.
Product information is provided subject to typographical errors.
The Products comply with the requirements of French law in force relating to the safety and health of persons, the fairness of commercial transactions and the protection of Consumers when they are placed on the market. The Company cannot be held liable in the event of non-compliance with the legislation of the country where the Product is delivered. The Consumer is solely responsible for verifying the possibilities of importation and the conformity of the Products ordered with the norms, standards and laws of the country of destination.
4.1 Sale price
The sale prices are indicated for each of the Products offered for sale on the site www.kandix.fr , in euros, all taxes included.
The total amount owed by the Consumer for his order is indicated on the order confirmation page.
The Company reserves the right to modify its prices at any time, without warning, upwards or downwards.
In the event of a change in the price of a product after the Consumer has placed an order, the selling price of the product is that in force on the day the Consumer places the order.
Online sales offers are available to all Consumers located in mainland France, Corsica and the rest of the world.
The acceptance of the offer by the Consumer is carried out in accordance with the double-click process: the Consumer clicks a first time to validate his basket, he is then invited to click a second time to validate the order summary presented to him.
6.1 Steps for concluding the online sales contract
The Consumer selects the Product (s) he wishes to buy which will be found in his basket, and can access at any time the summary of his Order and therefore the basket.
The summary of the Order and therefore the basket presents the list of the Product (s) that the Consumer has selected, and includes any additional costs added to the price of the Product (s) in the Order. The Consumer has the possibility to modify his Order and to correct any errors before proceeding to accept his Order.
After having accessed the summary of his basket, the Consumer who wishes to proceed with the purchase of the Product (s) must validate the basket and therefore his order. At this time, he will have to create a customer account which is personal to him using his e-mail address and his password and will have to validate these GTC to register.
Once registered, the Consumer may have access to his Order and may proceed to payment for the Order in accordance with point 9.
At the time of payment, the Consumer must add additional information to his customer account and in particular communicate his billing address, his name and his first name.
It is the consumer's responsibility to provide exact and precise information when creating his customer account.
The Company is released from any liability in the event of an entry error or partial or incomplete entry on the part of the Consumer.
6.2 Modification of Order
Any modification of the Order by the Consumer after payment of the Order is subject to acceptance by the Company and to the availability of the products requested.
6.3 Order validation
The Company reserves the right to refuse any Order for legitimate reasons.
For example, an abnormally high quantity of items taking into account the quality of purchaser having the quality of Consumer can justify on behalf of the seller a refusal of Order.
The Company reserves the right to refuse any Order from a Consumer with whom there is a dispute (in progress, not covered by a final solution).
In the event of refusal, the Consumer is fully reimbursed within a reasonable period of time, and in any event less than 30 (thirty) days.
The sales contract is formed when the Consumer double clicks to validate his order.
The contract can be terminated by the Company in the following cases:
Non-personal use of the Products,
Infringement of the company's rights on the Products,
Commercial use of the Products,
Non-payment of the price (without prejudice to possible legal action against the Consumer).
In all the cases mentioned, the amount already paid during the order remains acquired by the Company as compensation.
8. No right of withdrawal
In accordance with the provisions of article L221-28 of the Consumer Code, the Consumer does not have the right of withdrawal following his purchase. In fact, the Products are digital content not communicated on a material medium in such a way that they are intangible. Products are considered “used” as soon as they are downloaded or opened.
The Consumer is informed of the absence of the right of withdrawal and, as such, has ticked the box acknowledging that he does not have the right of withdrawal.
The Consumer may not therefore request reimbursement of the Product (s) purchased from the Company.
Once the Consumer has clicked on the “pay” button, created his customer account, validated the GTC, the total amount of the order is indicated, this total amount is indicated inclusive of all taxes.
The Consumer will have to make the payment.
Orders for Products on the Site are payable in euros. Full payment for the Products must be made on the day of the order by the Consumer. The Products must be paid for either by online payment directly via the secure Stripe platform, or via PayPal (either by the PayPal account directly or by the secure PayPal system for online payments) except special conditions of sale expressly accepted by the Consumer and the society.
The Consumer's banking information is not accessible to the Company. They do not pass through any of its servers.
The Company reserves the right to suspend or cancel any execution and / or delivery of an Order, whatever its nature and level of execution, in the event of default of payment or partial payment of any sum that may be owed by the Consumer to the Company, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site and the payment of an Order.
The Consumer's account will be debited at the time of confirmation of his Order.
Once the Consumer has made the payment, he receives a confirmation email with his invoice and the link to download the Products.
The Company undertakes to deliver the Products to the Consumer within 48 (forty-eight) hours following payment of the Order.
The Products will be delivered to the Consumer via a download link sent by email to the email address provided in advance by the Consumer. The Consumer can download the PDF file within 30 (thirty) days. The Products will also be accessible in its customer area for 30 (thirty) days. The Products may also be returned to the Consumer beyond the 30 (thirty) day period by simple request by sending an email to the Company at the address: email@example.com.
11. Consumer Service
For any request for information, clarification or for any complaint, the Consumer must contact, as a priority, the Company, in order to allow the latter to try to find a solution to the problem by e-mail or mail to the addresses listed in -head of these T & Cs.
12. Obligations of the Consumer
The Consumer undertakes to respect the terms of these GTC.
The Consumer agrees to use the Site and the Products in accordance with the Company's instructions.
The Consumer agrees that he only uses the Site and the Products for his personal use, in accordance with these GTC. In this regard, the Consumer agrees to refrain from:
To use the Site or the Products in any illegal manner, for any illegal purpose or in any manner incompatible with these GTC.
To sell, copy, reproduce, rent, lend, distribute, transfer or grant sub-licenses on all or part of the content appearing on the Site or on the Products or to decompile, reverse engineer, disassemble, modify, display in a form readable by the Consumer, attempt to discover any source code or use any software activating or including all or part of the Site.
To attempt to gain unauthorized access to the Site's computer system or to engage in any activity that disrupts, decreases the quality or interferes with the performance or deteriorates the functionality of the Site.
To use the Site for abusive purposes by intentionally introducing viruses or any other malicious program and to attempt to gain unauthorized access to the Site.
To infringe the intellectual property rights of the Company and / or to resell or attempt to resell the Products to third parties.
To make clothes from the Products for resale.
To denigrate the Site and / or the Products as well as the Company on social networks and any other means of communication.
If, for any reason, the Company considers that the Consumer does not comply with these T & Cs, the Company may at any time, and at its sole discretion, remove its access to the Site and take all measures including any civil and criminal legal action to against him.
All the Products offered by the Company are subject to the legal guarantee of conformity provided for by law, and in particular articles L.217-4, L.217-5 and L.217-12 of the Consumer Code, and to the warranty against hidden defects provided for by articles 1641 and 1648, first paragraph, of the Civil Code:
Article L.217-4 of the Consumer Code: '' The Company delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery.
It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility ''.
Article L.217-5 of the Consumer Code: '' The goods comply with the contract:
1 ° If it is suitable for the use usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the Company and has the qualities that it has presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the Company, by the producer or by his representative, in particular in advertising or labeling;
2 ° Or if it has the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted ''.
Article L.217-12 of the Consumer Code: '' The action resulting from the lack of conformity lapses two years after delivery of the goods. ''
Article 1641 of the Civil Code: '' The Company is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer does not would not have acquired, or would have given a lower price, if he had known them. ''
Article 1648 of the Civil Code, first paragraph: `` The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. ''
If a Consumer considers that he has received a Product that he considers to be defective or non-compliant, he must contact the Company, as soon as possible from receipt of the Order, at the following email address: hello @ kandix. fr, or by registered mail with acknowledgment of receipt to the following address: 19 rue du 18 Juin 1940 - 94700 Maisons-Alfort, specifying the defect or non-conformity in question.
It will be up to the Consumer to provide any justification as to the designation of the apparent defects and / or anomalies noted. The Consumer must give the Company every facility to establish these defects or non-conformities and to remedy them if necessary. He will refrain from intervening himself or involving a third party for this purpose.
If the defects and / or anomalies are confirmed by the Company, the latter will then send the Consumer its instructions on how to proceed after having taken cognizance of the complaint thus formulated and, if applicable, will replace the Product for which the Company would have been led to notice the lack of conformity, or the defect.
In the event that it is impossible to exchange the Product, the Company will be required to reimburse the Consumer within fourteen (14) days of receipt of the Product. Reimbursement will be made on the Company's proposal by crediting the Consumer's bank account.
14.1 Intended use of the Products
The Company implements all measures to ensure the Consumer the supply, under optimal conditions, of quality Products. However, it cannot in any case be held liable for any misuse or inadequate use of all or part of the Products by the Consumer.
14.2 Hypertext links - IT
The Site may contain links to other sites not published or controlled by the Company, which cannot be held responsible for the operation, content or any element present or obtained through these sites.
The establishment of such links or the reference to any information, articles or services provided by a third person, cannot and must not be interpreted as an express or tacit endorsement, by the Company, of these sites and these elements nor of their content.
The Company is not responsible for the availability of these sites and cannot control the content or validate the advertising, the Products and other information disseminated on these websites.
It is expressly stipulated that the Company can in no way be held responsible, in any way whatsoever, in the event that the computer equipment or the electronic mail of Consumers reject, for example because of an anti-spam, the e-mails sent by the Company, and in particular, without this list being exhaustive, a copy of the payment receipt, the summary of the Order and the shipping tracking e-mail.
The Consumer is fully aware of the provisions of this article and in particular of the aforementioned guarantees and limitations of liability, essential conditions without which the Company would never have contracted.
14.3 Transfer of ownership and transfer of risk
The transfer of ownership of the Company's Products to the benefit of the Consumer will only take place after full payment of their price by the Consumer.
However, the transfer of risks to the Consumer will only take place upon delivery, that is to say upon receipt by the Consumer of the e-mail including the Product.
The Company cannot be held liable in the event of non-performance or improper performance of the contract due either to the fact of the Consumer, or to the insurmountable and unforeseeable fact of a third party to the contract, or to force majeure.
15. Termination clause
The termination of the Order in the cases provided for in these T & Cs will be pronounced by e-mail or by registered letter with acknowledgment of receipt and will be acquired as of right without legal formality.
16. Personal data - Cookies - Security
16.1 Personal data
The Company attaches great importance to respect for privacy and takes all necessary measures to ensure the confidentiality and security of the personal data of Consumers.
As part of the supply of the Products, the Company collects personal data from Consumers and in particular the following data:
- E-mail adress
- First name
- Last name
- Consumption data
The Company collects and processes the personal data of Consumers for the following purposes:
Provision of Products and services on the Site;
Order management ;
Management of payment, invoicing, reimbursement…;
Information on the Company, the services, and the activities of the Company;
Response to any questions / complaints from Consumers;
Development of statistics;
Management of unpaid bills and disputes.
The data relating to the management of the personal data of Consumers are kept for the period strictly necessary as defined by the Data Protection Act as amended.
The personal data of Consumers are processed by the Company's sales department by the Company's partner companies and subcontractors.
The Company may also communicate personal data in order to cooperate with administrative and judicial authorities.
The Company takes care to secure the personal data of Consumers in an adequate and appropriate manner and has taken the necessary precautions to preserve the security and confidentiality of the data and in particular to prevent them from being distorted, damaged or communicated to unauthorized persons.
Consumers recognize that the personal data disclosed by them is valid, up-to-date and adequate;
Consumers undertake not to infringe the privacy, image and protection of personal data of any third party and thus not to communicate the data of third parties to the Company without their consent.
By virtue of Decree No. 2011-219 of February 25, 2011 relating to the storage and communication of data allowing the identification of any person who has contributed to the creation of online content, the Consumer is informed that the host of the Site has the obligation to keep for a period of one year from the day of creation of the content, for each operation contributing to the creation of content:
The identifier of the connection at the origin of the communication;
The identifier assigned by the information system to the content, subject of the operation;
The types of protocols used for connection to the service and for the transfer of content;
The nature of the operation;
The date and time of the operation;
The identifier used by the author of the operation when he provided it.
In the event of termination of the contract or closure of the account, the host must also keep for one year from the date of termination of the contract or the closure of the account the information provided when signing a contract (Order ) by the Consumer or when creating an account, namely:
When creating the account: the identifier of this connection;
The surname and first name or the company name;
The associated postal addresses;
The pseudonyms used;
Associated email or account addresses;
The password as well as the data enabling it to be verified or modified, in their latest updated version.
Each computer connected to the Internet has an IP address. Whenever a Consumer browses the Site, the Company collects the Consumer's IP address in order to analyze the traffic on the Site and to monitor the Consumer's activity on the Site in order to ensure that the latter does not not carry out acts likely to infringe the General Conditions of Sale appearing on the Site.
Finally, in accordance with the Data Protection Act, Consumers have a right of access, rectification, deletion as well as a right of opposition for legitimate reasons to the processing of their data collected and processed by the Company, in contacting the Company directly at the following e-mail address: firstname.lastname@example.org.
In accordance with CNIL deliberation n ° 2013-378 of December 5, 2013, the Company also informs Consumers that cookies record certain information which is stored in the memory of their hardware / computer equipment. This information is used to improve the use and operation of the Site as well as the other services of the Company. An alert message asks each person visiting the Site, in advance, if they wish to accept cookies. These cookies do not contain confidential information about Consumers.
The Consumer visiting the home page of the Site will be informed:
the precise purposes of the cookies used;
the possibility of opposing these cookies and of changing the parameters by clicking on a link in the banner;
and the fact that the continuation of its navigation constitutes agreement to the deposit of cookies on its terminal.
To guarantee the free, informed and unequivocal consent of the Consumer, the banner will not disappear until he has continued browsing.
Without the prior consent of the Consumer, cookies will not be placed and read:
if the Consumer goes to the Site (home page or directly to another page of the Site) and does not continue browsing: a simple lack of action cannot in fact be assimilated to a manifestation of will;
or if he clicks on the link in the banner allowing him to configure cookies and, if necessary, refuses the deposit of cookies.
16.3 S ecurity
The Consumer undertakes not to undermine the security of the Site. To this end, he undertakes not to carry out any fraudulent access and / or maintenance in the Company's information system. The Consumer may not harm or hinder the Company's information system either. Otherwise, the Company may take any measure against it and in particular incur criminal liability under Articles 323-1 et seq. Of the Criminal Code.
17. Intellectual property
17.1. Intellectual property on the Products
The Company retains all of its intellectual property rights over the Products. Ordering Products does not confer any property rights on the products to the consumer.
The Consumer is only authorized to use the Products for personal and non-commercial purposes. He will therefore not be able to sell or reproduce on a large or small scale clothes made from the Products. He may not sell the Products to third parties either.
Moreover, the Consumer may not modify the Products without having obtained the prior authorization of the Company.
Finally, the Products ordered are strictly personal to him and he must not publish them on the internet or make them accessible to third parties, nor can he give them, exchange them or sell them to third parties.
17.2. Intellectual property on the Site
All the elements of this Site and the Site itself are protected by copyright, trademark law, patent law, designs and / or all other intellectual property rights. These elements are the exclusive property of the Company. All of these rights are reserved for the whole world.
The names and brands, logos, designs and models, patterns, stylized letters, figurative marks, and all signs represented on this Site are and will remain the exclusive property of the Company.
No title or right whatsoever to any element or software will be obtained by downloading or copying elements from this Site. It is strictly forbidden for the Consumer to reproduce (except for his personal and non-commercial use), publish, edit, transmit, distribute, show, remove, delete, add to this Site and to the elements and software it contains, no more modify them or carry out any work based on them, nor sell or participate in any sale in connection with this Site, the elements of this Site or any software relating thereto.
The Company grants the Consumer a non-exclusive license to use the Site. This license is strictly personal and may not under any circumstances be assigned or transferred to any third party. The license is granted for the duration of use of the Site.
Any use by the Consumer of company names, trademarks and distinct signs, patents belonging to the Company is strictly prohibited except in the event of the Company's express prior consent.
18. Settlement of disputes, compulsory prior conciliation clause
All complaints should be addressed to the Company at the following address: 19 rue du 18 Juin 1940 - 94700 Maisons-Alfort
In the event that a dispute arises between the Company and the Consumer, the latter may initiate a conciliation procedure directly with the Company in order to settle the dispute, without the intervention of a third natural or legal person.
In the event of failure of the complaint request to the Company or in the absence of a response from the Company within 2 months, the Consumer may submit the dispute relating to the Order form or to these GTC opposing him to the Company to a mediator who will attempt, with complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution.
The parties to the contract remain free to accept or refuse recourse to mediation as well as, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
20. Territorial jurisdiction
For any dispute relating to an order placed on the online sales site www.kandix.fr or for any dispute relating to these T & Cs , the competent court will be chosen:
- that of the place of domicile of the defendant, or
- that of the place of delivery of the Product or of the performance of the service, or
- that of the place where the Consumer lived at the time of the conclusion of the contract or of the occurrence of the harmful event.
21. Applicable law
These GTC are subject to French law.