GENERAL TERMS OF SALE ON THE INTERNET
Any online purchase completed at www.klodel.com is subject to prior acknowledgement and acceptance of these general terms of sale.
- Item: Products of any kind offered for sale (ecommerce service) on the Site
- Customer: a non-business individual placing the Order and holding full legal capacity.
- Order: commitment to purchase all the Items selected by the Customer via the ecommerce service of the Site.
These general terms of sale (hereinafter “TOS”) exclusively apply between the Customer and Klodel, camino de Gantxegi, 19, 20008, San Sebastian, Spain with NIE X6091841S.
Any user may access the TOS from any page of the Site.
The TOS are applicable without restriction or reserve to all the Items offered for sale on the Site.
Any Order on the Site is conditional upon the prior consultation and acceptance, without reserve, of these TOS and applicable tariffs by the Customer.
The validation of an Order following the order procedure offered on the site requires acceptance of these TOS.
These TOS shall take precedence over any other document.
The sale of Items on the Site is exclusively reserved to retail sales and sales to private individuals.
In no case may the Site be used by professional retail Customers, alone or together, and regardless of the method of marketing their products (on the internet, in shopping malls, intermediaries, and including physical stores). The Customer acknowledges and agrees therefore that the items can only be purchased in quantities reflecting average consumer needs, both in terms of the number of items ordered in one order and the number of individual Orders respecting the usual amount an average consumer places for the same product.
Klodel warns each Customer of the need to implement on his/her computer, portable or mobile solution any security measures likely to prevent the spread of viruses.
As the TOS are the subject of modifications, the applicable conditions are those in effect on the Site on the day the order is placed.
- CREATION OF A CUSTOMER ACCOUNT
Placing an Order via the Site requires the prior creation of a customer account.
Any adult Customer may freely and at no charge create a customer account through the “Create an account” section.
Creation of a customer account is completed by the Customer by filling out the form requesting identification information.
This account is strictly personal and enables an individual to log in before placing an Order.
When creating the customer account, the customer enters data that allows his/her identification under his/her full responsibility, control and direction and is committed to providing complete, accurate and timely information, and not to assume the identity of a third party, nor hide or change his/her age.
During the creation of a Customer Account, the Customer chooses his/her username and password.
If the username chosen is already assigned, the system prompts a message to choose another.
If it is suspected that a username and password has been used by a third party, the Customer must immediately alert Klodel to change his/her password and/or choose to close his/her account..
- ITEM CHARACTERISTICS
The Items available for sale are those appearing on the Site. The offers are valid as long as they are visible on the Site.
They are offered so long as their availability is displayed on the Site.
Klodel reserves the right to remove from sale, at any time, any Item present on the Site and/or replace or modify any information associated with the Items appearing on this Site.
In the event of an Item’s unavailability after placing an Order, the Customer is notified by email and the Order is automatically cancelled.
- PRICES OF ITEMS
The prices are indicated on the Website in euros, all taxes included, not including the processing and shipping fees.
They include VAT and potential discounts applicable on the day of the Order.
Any new taxes or contributions, notably environmental, may be added to the retail price of the Items.
The prices of the products do not include delivery costs (transport, packaging and handling of packages according to the amounts in effect).
Klodel reserves the right to modify the prices of Items at any time, the Items being invoiced based on the rates in effect at the time of the validation of each Order.
The price of the Items invoiced is therefore that indicated during the Order.
The shipping costs are specified on the Site before validation of the Order.
- ORDERING ITEMS
Placing an Order requires the registration of the Customer or the logging in of the Customer into the Customer Account.
The Customer declares being at least 18 years old and having full legal capacity or if he/she is a minor, guarantees having parental permission to place his/her Order.
To place an Order, the Customer must follow the online purchase processand click on “Order” to submit an Order.
The payment of the Order requires the acceptance of these TOS, the price of the Items and the content of the Order.
After validation of payment, Klodel sends an order confirmation email to the Customer.
Every Order is subject to the prior acceptance of Klodel and is not definitively confirmed until after receipt by the Customer of an email confirming the shipping of the Item(s).
If the Customer does not receive an email following his/her Order, he/she must contact Klodel customer service by email via the contact form located on the contact page of the website.
Klodel cannot in any case be held responsible in the event of an input error or transmission of an input error not allowing the issuance of the confirmation email and/or Items.
- PAYMENT OF THE ORDER
The price invoiced to the Customer is the price indicated in the Order confirmation sent to the Customer by email.
The Order is payable immediately, by bank card (Paypal) or payment account (Paypal).
The Customer is informed by email, once the Order is shipped, that the invoice including shipping fees and applicable VAT is accessible online on the customer account.
- DELIVERY LEAD TIMES
The items are delivered to the delivery address indicated by the Customer in the Order at the latest on the date indicated during the Order and according to the country of delivery.
Klodel puts forth its best efforts to issue the Order within a maximum lead time of 30 days and undertakes that this delivery will be carried out within10 business days as of the Order.
In the event of a delay in delivery exceeding 14 business days in relation to the maximum lead time above, the Customer may contact Klodel by email to request cancellation of his/her Order within 60 business days.
- DELIVERY CONDITIONS
The Items are delivered only in the destination that appears iin the list.
The Customer will see several delivery options chosen by the Customer and at the expense of the Customer.
With the shipping number, the Customer may track his/her package on the website of the carrier chosen by the Customer.
The Customer will receive an email with an Order number confirming its processing. The Customer will be informed of the different stages of his/her Order by email.
The Items ordered will be delivered within a maximum of 30 days the registration of the Order, under the condition of complete payment of the price.
The Customer is informed that he/she must exactly provide all the information necessary for the proper filling of his/her Order and seamless delivery (access code, specification of access by example).
Deliveries are announced by email to the Customer, to the email address provided by the latter in his/her customer account.
A delivery slip is included in the package, summarising the Items ordered and effectively delivered.
If the delivery address provided by the Customer is not valid and causes a return of the package due to non-receipt at the indicated address, the return shipping fees of the package to the new address communicated will be covered by the Customer.
The Customer fully and exclusively assumes the risks related to the Items as of their delivery.
Klodel cannot be responsible for late delivery due exclusively to the unavailability of the Customer after several proposals for appointment by the carrier.
If an Item is delivered which does not match the Customer’s Order, or was damaged during delivery, the Customer may return the aforementioned Item to KLODEL by following the procedure given below and available on the Website.
The refund procedure is exclusive of any exchange, and, save for the Customer the time and manner of exchange procedures may present a major disadvantage for the latter.
In order to receive a refund:
The Customer must complete the returns form on the Klodel Website available in the Returns section of the “My Account” area, no later than 30 calendar days after the shipment of his/her Order. The return cost is covered by KLODEL for SPAIN and FRANCE, for the other countries, it is at customer’s charge: to this end, the customer should use the cheaper cost shipping( with tracking number) to return the Item(s), in their original packaging, to the following address:
Camino de Gantxegi, 19,
20008 San Sebastian, Spain.
Any non-compliant return (not containing the return slip) shall be rejected and Klodel will be released from any liability.
- RIGHT TO CANCEL AND RETURN AN ORDER
In accordance with national and European consumer protection laws, the Customer has a period of 14 days from receipt of the Order to exercise his/her right to cancel and return an order without having to give any reasons or incurring penalties, except any appropriate return costs.
If the Customer wishes to exercise his/her right to cancel and return an order, he/she must make a return request via our customer service by filling out the contact form located on the contact page of the website. A return slip to print will then be sent via email.
The return slip must then be included in the package that the Customer would like to return in order to validate the Item return. No return shall be accepted without the return slip.
All returns must be sent to the following address:
Camino de Gantxegi, 19
20008 San sebastian, Spain
All returns must include the return slip and all the Items of the Order with which the Customer was not satisfied.
These items must be returned properly protected in their original packaging (a carefully opened package will not be considered damaged packaging) and in a resalable condition (undamaged, unused and unsoiled by the Customer).
Once the return is validated, Klodel will reimburse the Customer the full amount paid for the Order to the Customer’s bank account used for payment of items (not shipping cost), as soon as possible and no later than thirty days after the date on which this right has been exercised.
- CUSTOMER SERVICES
For any information or question, to follow orders, to exercise the right to cancel and return an order or to obtain warranty service, the Customer must contact our customer service by email via the contact form located on the contact page.
Klodel reserves the right to modify the information contained in this Site at any time and without notice.
Klodel undertakes to describe with great accuracy the Items sold on the Site and to ensure under the best possible conditions the updating of the information that is disseminated.
However, Klodel cannot guarantee the accuracy, precision or comprehensiveness of the information made available to Customers on the Site.
The Customer acknowledges and agrees that the prices of Items may vary between stores and the Site, and in no case may this price difference serve as a base for a claim for a total or partial refund of Items purchased on the Site or in stores.
Notably, Klodel shall not be held responsible for any non-performance or delay in the execution of Orders, caused by events outside its control (“Case of Force Sandroure”).
Klodel is solely responsible for any damage that is direct and foreseeable at the time of use of the Site or the conclusion of the sales contract with the Customer, to the exclusion of all indirect damages.
- AGREEMENT UPON PROOF
The Customer recognises and accepts that the Order recording systems document all the transactions made between Klodel and the Customer.
The Customer recognises and accepts that the proof of acceptance of the TOS is characterised by checking the box “I have read and accept the general terms of Sale”.
For this purpose, the Customer acknowledges and agrees that the electronic data stored in Klodel computer servers in reasonable conditions of security and integrity are considered, irrefutably, as evidence of acceptance of the terms of the TOS and the proof of all transactions between the Customer and Klodel.
Consequently, unless a clear error on the part of Klodel is proven by the Customer, the latter cannot challenge the admissibility, validity or probative value of the TOS and the content of the Order, based on any of the legal provisions that exist and that specify that certain documents must be written or signed to constitute proof.
Thus, these elements constitute proof and, if they are produced as evidence by Klodel in any litigation or otherwise, shall be admissible, valid and opposable in the same manner, under the same conditions and with the same probative value as any document created, received or retained in writing.
At any time, the Customer can print, download and save a copy of the TOS to a paper or electronic medium.
- PROTECTION OF PERSONAL INFORMATION
The personal information collected on the Site is intended for Klodel.
Klodel undertakes to protect the personal information of its Customers.
All personal data concerning the Customer collected by Klodel is treated with the strictest confidentiality for the purpose of processing Orders.
The personal information and data of Customers is required to manage the Orders and relationships with Customers and to keep them informed of all offers and sales information that may be of interest.
This information and the management of Orders are also stored for security purposes, to meet legal and regulatory obligations and to allow Klodel to improve and personalise the services offered to Customers.
Pursuant to the organic law 15/1999 of 13TH december, the Customer has a right to access, change and oppose personal information concerning him/her.
To exercise this right, the Customer must address an email to email@example.com by filling out the contact form located on the Site
- COMMERCIAL OFFERS AND NEWSLETTERS
Klodel may send commercial offers to Customers by post, email, sms subject to prior acceptance.
At any time, the Customer has the ability to cancel these commercial notifications, without cost, by clicking on the unsubscribe link, appearing in each email.
When visiting the site, information pertaining to the Customers’ browsing may be recorded in “Cookies” installed on their terminal (computer, tablet, Smartphone).
These cookies are issued by Klodel in order to facilitate browsing on the Site and allow recognition of Customer browsers when they are connected to the Site.
These cookies are issued in order to:
– establish visitor statistics (number of visits, pages viewed, cancellation of the order process, etc.)
– adapt the presentation of the Site to the display settings of terminals,
– memorise the information entered in forms, manage and secure access to reserved and personal spaces such as the Customer account and manage the Order basket.
– Klodel reserves the right to implant cookies on the Customer’s computer when visiting the Site.
A cookie is a small file that is sent to the Customer’s computer and stored on the hard drive. If the Customer is registered with Adelaydi, his/her computer will store an identification cookie that will save time each time he/she visits the Adelaydi site because it will remember the Customer’s email address.
A cookie does not allow the identification of the Customer but the purpose is to note the prior visit of the Customer on the Site to help Klodel personalise its services.
The Customer may configure settings so that cookies are deactivated and avoid the installation of cookies without his/her express consent on his/her computer.
- INTELLECTUAL PROPERTY
Klodel is the exclusive holder of the intellectual property rights:
- over the Items sold on the Site,
- over the Site, and notably on its layout, organisation and titling of categories, the visual and graphic identity, its design, its ergonomics, its features, its software, text, animated or fixed images, sounds, know-how, drawings, graphics and any other element making up the Site,
- over the databases, their structure and their content, designed and managed by Klodel, for the editing needs of the Site,
- over all the design elements of the Site whether graphic or technical,
- over all the names, acronyms, logos, colours, graphics or other signs that may be used, completed or implemented by Klodel.
It is therefore forbidden to reproduce in any form whatsoever, directly or indirectly, the items listed in the preceding paragraph, as well as alter the trademarks, patents, names, acronyms, logos, colours, graphics or other signs appearing on the elements provided within the Site, and more generally to use or exploit these elements other than in connection with the execution hereof.
As such, the reproduction or use of all or part of these elements is only authorised for the purposes of information for personal and private use, any reproduction and any use of copies made for other purposes is expressly prohibited.
Any other use, without the prior and written permission of Klodel constitutes infringement and shall be punished according to intellectual property regulations.
- MODIFICATION OF THE TOS
Given the possible changes of the Site and regulations, Klodel reserves the right to change the TOS at any time.
The new TOS will be, as appropriate, made known to the Customer by online modification and will be applicable only to sales completed after the modification.