GENERAL CONDITIONS OF SALE KIDSAROUND.COM

Delivery in mainland France, Monaco, Belgium, Spain (Balerares included, excluding Canaries and Mellila), Italy and United Kingdom.

La vente des articles à partir du site www.kidsaround.com  édité par la société française CWF SAS implique l’acceptation sans réserve des dispositions suivantes :

ARTICLE 1 - COMPANY

CWF SAS is a French simplified joint stock company whose head office is located at 6 rue de la Tisonnière – 85500 LES HERBIERS Cedex (France), and registered in the Trade and Companies Register of La Roche Sur Yon under number 421 994 658, Intra-community VAT: FR 29 421 994 658, (hereinafter referred to as “CWF” )

Contact details of the Customer Relations Department:

– Telephone number : 0 805 620 660 (Toll free) (non-premium rate call) Our advisers are available from Monday to Friday 9 a.m. to 4 p.m. and Saturday 10 a.m. to 4 p.m.

– Postal address: TAILOR-MADE APPROACH, Service Relations Clients Kids Around, 63, rue Edouard Vaillant; 92300 LEVALLOIS PERRET

ARTICLE 2 - GENERAL

These general conditions of sale (hereinafter referred to as the “ GTC “) define the rights and obligations of the parties in the context of the sale of products and services to Customers of the Website www.kidsaround.com (hereinafter referred to as the “ Site “).

The Customer declares to have read and accepted the rights and obligations relating thereto.

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 T & Cs.

Other terminologies:

“Customer”: 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 him under the conditions described in these GTC

“Civil Code” or “Consumer Code”: French legal texts applicable to Orders placed by consumers on the Site. For Customers residing in another country of delivery, the equivalent texts of their national legislation are applicable.

ARTICLE 3 - ORDER AND PRICE

3 .1. The Customer has the possibility of ordering the Products and Services via the Site.

3 .2. By clicking on the “Order” button, and after having checked the contents of the Order in his Basket, the Customer declares that he fully and unreservedly accepts the all of these T & Cs.

The Site will confirm each Customer’s Order by email, then its shipment. Notwithstanding the receipt by the Customer of an Order confirmation, the Site reserves the right not to execute (or to partially execute) any Order for a legitimate reason.

The Site may in particular consider as a legitimate reason not to execute an Order (or to execute it only partially), any Order:

– who does not respect these GTC;

– for which the Site can reasonably consider that the Products ordered are not intended for the personal use of the Customer or his family (for example with a view to their resale).

In the event of total or partial refusal to execute an Order based on a legitimate reason, the Site will notify the author of the Order as soon as possible, indicating the reason (s) for the refusal.

3. 3. The price,, of each Product is indicated, all taxes included, in the applicable currency, in the corresponding product sheet. 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 the obligations under these GTCS, and in particular concerning any payment incident of the price of an Order, may result in the suspension of access to the services offered by the Site, without prejudice to any damages that the Site may request. Consequently, the Site reserves the right to refuse any Order from a Customer with whom such a dispute exists.

ARTICLE 4 - COMPLIANCE - DEFECTS

In the event of non-compliance or defect of the delivered Product, the Customer may return it to the Site. The Customer must follow the procedure provided for in the “Delivery and returns” section accessible on the Site. The Customer will be reimbursed for the price of the Product and any delivery costs within 15 days of actual receipt of the returned Product.

All return arrangements are described in Article 7 below.

ARTICLE 5 - AVAILABILITY OF PRODUCTS

In the event of unavailability of a Product, the Customer will be informed by email of the delivery of a partial Order or of the cancellation of his Order.

ARTICLE 6 - RIGHT OF WITHDRAWAL

The Customer has the right to withdraw and return the Product (s) delivered.

This right of withdrawal is exercised for fourteen clear days from the date of receipt of the Products:

– by reporting it to the Toll free number: 0 805 620 660 (free service and call) ,,

– or from the “My Account” section where there is a withdrawal form.

The Customer must then return the Product (s) subject to the withdrawal no later than 14 days after communicating to the Site of his decision to withdraw.

The Customer’s reimbursement will be made using the same means of payment as that used by the Customer within fourteen days of receipt by the Site of the Customer’s decision to withdraw. This period may be extended until receipt by the Site of the Product (s) subject to the withdrawal.

Only the return of the entire Order will give rise to the reimbursement of any delivery costs.

In accordance with the provisions of article L.221-28 of the Consumer Code, the Customer cannot benefit from the right of withdrawal for embroidered items (see article 12 below), nor for the accompanying personalized message service. a gift card (see article 13 below).

ARTICLE 7 - RETURN PROCEDURES

The Client must:

– Access the “My account / My returns” section and click on “Submit a return request” then,

– Select the relevant Order then,

– Select the Products concerned, and click on “Send a request”.

All Product must be returned:

– properly protected, in its original packaging, in perfect condition for resale (undamaged, unwashed, undamaged or soiled) accompanied by all possible accessories and documentation and label attached to the Product,

– accompanied by the sales invoice so as to allow the identification of the Customer (Order number, last name, first name, address)

– without the Product having clearly been the subject of lasting use (beyond a few minutes), i.e. provided that the Product does not bear the mark of prolonged use exceeding the time required for a test and is in a condition suitable for resale.

– in a package on which the Customer affixes the prepaid return label provided by the Site and sent by email, following Colissimo’s recommendations.

ARTICLE 8 - PAYMENT

Payment for the Products is made by means of a payment card.

The payment cards accepted to date are: CB, Visa and MasterCard.

In accordance with the regulations in force and to ensure the security and confidentiality of their information, the Site does not store the banking information of Customers.

It is therefore up to the Customer to save and print his payment certificate if he wishes to keep the information relating to his transaction.

ARTICLE 9 - SECURITY

The Site has adopted the SSL (Secure Socket Layer) encryption process and reinforced all scrambling and encryption processes in order to protect as effectively as possible all sensitive data related to means of payment.

The Site never has access to confidential information relating to the means of payment.

ARTICLE 10 - DELIVERY

10 .1. Place of delivery

The Products will be sent to the delivery address that the Customer has indicated during the Order process.

It is specified that, for technical and logistical reasons, the Customer can only be delivered in metropolitan France (Corsica included), in Monaco, in Belgium, in Spain (including the Balearics, excluding Canaries and Mellila), in Italy and UK.

For logistical reasons, the Site is not able to offer delivery in the French overseas departments and territories.

All deliveries are announced by email.

When shipping an Order, the Customer is informed that an original invoice including delivery costs and VAT is available online on the Site in the “My Account” section. Only Products actually shipped will be invoiced and paid for.

A delivery slip will be available in the package summarizing the Products actually present in it.

In the event of absence during delivery, at the address indicated by the Customer, a calling card is left in the letterbox: it is then possible to collect the package at a post office within 10 days of the filing of this notice. If the package is delivered by carrier, a notice is also left in the mailbox at the address specified by the Customer when ordering. It will then be up to the Customer to contact the carrier to agree on a new delivery date.

If the Customer does not collect the package or does not contact the carrier, the package will be returned to the Site which will reimburse the Customer, the latter will not be able to request the reshipment of the Products and will have to place a new Order.

10 . 2. Delivery time

The delivery time is 5 working days from the Order of the Product.

This period will be recalled in the summary of the Order as well as in the delivery tracking section of the Site.

10 . 3. Delivery made

Each delivery is deemed to have been made as soon as the Product is made available to the Customer, as evidenced by the carrier’s tracking system.

It is the Customer’s responsibility to check the condition of the packages on arrival and to make any reservations and complaints that appear justified, or even to refuse the package. Said reservations and complaints must be notified 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 delivery method when ordering on the Site.

He can consult the progress of his Order at any time by going to the “My Account” section.

ARTICLE 11 - GUARANTEES

11 .1. Legal warranty

All Products for sale on the Site benefit from the legal guarantee of conformity (articles L217-4 and following of the Consumer Code) and the guarantee against hidden defects (articles 1641 and following of the Civil Code), allowing the Customer to return the Products delivered defective or non-compliant.

The Site, according to the Customer’s choice, undertakes to reimburse the Customer for the price of the Product in the event of delivery of a non-compliant Product (article 5 above) and in the event of delivery of a Product revealing a hidden defect. .

For any request of this type, the Customer must then contact the Customer Relations Department through the “My Account / Contact us” section of the Website.

The Customer can also contact Customer Service by telephone as indicated in article 1.

 

11 . 2. Exclusion of guarantees

Products modified, repaired, integrated or added by the Customer are excluded from warranty. The warranty does not cover apparent defects. The warranty will not cover Products damaged during transport, due to non-compliance with maintenance instructions or improper use.

The Customer has a period of two years from the delivery of the PRODUCT to act in application of the legal guarantee.

The customer can choose between repairing or replacing the Product, However, the seller may not proceed according to the buyer’s choice if this choice entails a manifestly disproportionate cost with regard to the other modality, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the Customer (article L. 217-9 of the Consumer Code);

– The Customer is exempt from providing proof of the existence of the lack of conformity of the Product during the twenty-four months following delivery of the Product (6 months for second-hand goods).
– The legal guarantee of conformity applies independently of the commercial guarantee that may possibly cover the Product.

– The Customer can also decide to implement the guarantee against hidden defects of the item sold within the meaning of article 1641 of the Civil Code and in this case, he can choose between the resolution of the sale or a reduction in the price of sale.

Extracts from the applicable legal provisions:

 

Article L217-4 Consumer Code

 

“The seller delivers goods in conformity 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 L217-5 Consumer Code

“The good is in conformity with the contract:
1 ° If it is suitable for the use usually expected of a similar good and, if applicable:
– if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
– if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted “

Article L217 -12 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 seller is bound by the warranty 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 would not have acquired it. , or would have given a lower price, if he had known them. “

Article 1648 paragraph 1 of the Civil Code

“The action resulting from fatal defects must be brought by the purchaser within two years from the discovery of the defect. “

ARTICLE 12 - CONDITIONS OF SALE OF EMBROIDERED PRODUCTS

12.1 By choosing the embroidery 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 to 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 discontinued, without prior notification, if the embroiderer is unavailable.

ARTICLE 13 - CONDITIONS OF SALE AND USE SPECIFIC TO ELECTRONIC GIFT CARDS

This article only concerns the sale and use of gift cards offered on the Site. Unless otherwise indicated in the GTC, all of the GTC 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 can buy one or more gift cards of the identical face value or not.

When ordering a gift card, the Customer must indicate the contact details of the beneficiary of the gift card (who may be the Customer) by completing, under his sole responsibility, all the fields indicated as well as, if he wishes, a personalized support message for the beneficiary. When ordering several gift cards in the same Order, the Internet Customer can indicate different beneficiaries and different personalized accompanying messages.

The Customer being solely responsible for the information and data (including any e-mail address and personalized message) that he indicates on the Site, he undertakes to guarantee the Site against any claim for sums of money or other request for any reason whatsoever. whether from a beneficiary or a third party.

If the Site considers it necessary and to the extent that it is possible, the Site reserves the right to delete or modify a personalized message which would contravene, at the sole discretion of the Site, the law or good morals.

It is not possible to use a discount voucher for the payment of gift cards.

Notwithstanding any indication 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 receipt of the corresponding payment, the Site will send an email (to the exclusion of any other method of sending) to the beneficiary of each gift card including in particular the accompanying message. personalized written by the Customer as well as a gift card code which will allow the beneficiary (after identification on the Site) to Order and pay for Products.

A gift card (materialized by a unique code) is valid for one (1) year from the date of sending the email to the beneficiary.

The Site particularly draws the Customer’s attention to the importance of the accuracy and validity of the e-mail address of each recipient given the terms of delivery of gift cards by e-mail. Consequently, the Site cannot incur any liability in the event of an inaccurate or invalid e-mail address, which the Customer expressly accepts. The Customer and / or the beneficiary may not claim any replacement of the gift card or reimbursement or compensation in this regard.

As indicated in Article 6, the personalized accompanying message service cannot be subject to the right of withdrawal.

13.2 Conditions of use of gift cards

Gift cards can only be used on the Site, to the exclusion of any other website or point of sale.

The use of a gift card by its beneficiary unreservedly implies acceptance of the T & Cs.

Gift cards can be used on one or more occasions until the amount of the card is used up, and within the limit of its validity period.

The Site cannot be held responsible in the event of loss, theft, destruction, or use by a third party of a gift card.

Gift cards cannot be exchanged or refunded even in the event of loss or theft.

ARTICLE 14 – MODIFICATION DES CONDITIONS GÉNÉRALES DE VENTE

The Site reserves the right to modify these T & Cs at any time. The version of the GTC in force and applicable on the day of each Order appears in the “General Conditions of Sale” section of the Website.

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 Data Protection Policy Personal.

15.2 The Site informs the Customer that this data will be used by its internal departments and / or by those of 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 e-mails, postal letters or SMS,

– For the processing of the Customer’s Order,

– To strengthen and personalize communication, in particular by sending newsletters, special offers (and in particular contests, games, etc.) and special e-mails as part of the personalization 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 the Customer that they may also communicate their personal data to ensure the delivery of Orders by their 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 the protection of personal data, the Customer may at any time exercise his rights of access, rectification, deletion, opposition, limitation and portability, if necessary, to his data. personal by sending his request (indicating e-mail address, last name, first name, postal address):

– By going to the Site in the “Contact” section,

– Or by post to the following address: TAILOR-MADE APPROACH, Service Relations Clients Kids Around, 63, rue Edouard Vaillant; 92300 LEVALLOIS PERRET

The Customer may object to commercial prospecting by using the unsubscribe links included in prospecting emails and sms sent by CWF and by going to the Site, in the “My Account” section.

The Customer also has the right to lodge a complaint with the National Commission for Computing and Liberties (CNIL), in particular on its website www.cnil.fr .

CWF has a Personal Data Protection Officer (DPO) that the Client can contact by email at the address contact.dpo@cwf.fr < / a> (excluding the exercise of rights which are carried out at the address of the CWF Customer Service indicated above).

ARTICLE 16 - MISCELLANEOUS

In the event that any of the terms of the GTC are considered illegal or unenforceable by a court decision, the other provisions will remain in force.

ARTICLE 17 - APPLICABLE LAW - LITIGATION

These GTC in French will be executed and interpreted in accordance with French law.

In the event of a dispute, the Customer will first contact the Site Customer Service to obtain an amicable solution.

Otherwise, the French courts will have sole jurisdiction.

Within the framework of the legal provisions concerning the amicable settlement of disputes, CWF adheres to the Service of the Mediator of e-commerce of FEVAD (Federation of e-commerce and distance selling) whose contact details are as follows: 60 Rue La Boétie – 75008 Paris– http://www.mediateurfevad.fr/

After consumers’ prior written action vis-à-vis CWF, FEVAD’s e-commerce mediator service can be referred to any consumer dispute that has not been resolved. To find out how to refer to the Mediator, Click here .

At European level, the European Commission provides consumers with a online dispute resolution platform.

In the event of legal proceedings, the courts of the place of residence of the consumer Customer will have sole jurisdiction.

We remind you that the number of the Site’s Customer Relations Department is 0 805 620 660 (toll-free number – non-premium rate call).