Conditions générales de ventes
TERMS OF SALES
These terms and conditions of sale are concluded on the one hand by the company Kelena whose registered office is located in Tahiti-FRENCH POLYNESIA, and registered with the Trade and Companies Registry of Tahiti. Hereinafter referred to "Kelena" and managing the site www.kelenaswim.com and, on the other hand, by any natural or legal person wishing to make a purchase via the website www.kelenaswim.com hereinafter referred to as "the Buyer".
Article 1: object
These conditions of sale are intended to define the contractual relationship between Kelena and the buyer and the conditions applicable to any purchase made through the website www.kelenaswim.com. The acquisition of a product through this site implies acceptance without reservation by the buyer of these conditions of sale which the buyer acknowledges having read prior to his order. Before any transaction, the buyer declares on the one hand that the purchase of products on the site www.kelenaswim.com is not directly related to his professional activity and is limited to a strictly personal use and on the other hand to have the full legal capacity, allowing it to engage under these terms and conditions of sale.
The company Kelena reserves the possibility of modifying these sales conditions at any time, in order to respect any new regulations or in order to improve the use of its site. Therefore, the conditions applicable will be those in effect at the date of the order by the buyer.
Article 2. Products
The products offered are those listed on Kelena's website www.kelenaswim.com as long as stocks last. Kelena reserves the right to modify the product assortment at any time. Each product is presented on the website in the form of a description containing its main technical characteristics, in other words, its composition. The photographs are as faithful as possible but do not engage the seller. The sale of the products presented on the website www.kelenaswim.com is intended for all buyers resident in countries that fully authorize the entry into their territory of these products.
Article 3. Fees
The prices appearing on the product sheets of the Internet catalog and are prices in Euros (€) all taxes included (TTC) taking into account the VAT applicable on the day of the order. Any change in the VAT rate may be reflected in the price of the products. Kelena reserves the right to change prices at any time, provided however that the price listed in the catalog on the day of the order will be the only applicable to the buyer. The prices quoted do not include the delivery costs, invoiced in addition to the price of the products bought according to the total amount of the order. Worldwide, for orders greater than or equal to 143€ (17 000XPF), the shipping costs are offered; for any order below 143€, a flat fee for shipping costs will be charged to the buyer depending on the country of destination.
Article 4. Order and payment methods
Before any order, the buyer must create an account on the site www.kelenaswim.com. The account creation section is accessible directly from the sidebar. At each visit, the buyer, if he wishes to order or consult his account (order status, profile ...), must identify himself using this information. The company Kelena offers to the buyer to order and regulate its products in several stages, with 1 payment option:
- Secure payment by credit card (by 2checkout): the buyer selects the products he wants to order in the "basket", modifies if necessary (quantities, references ...), checks the delivery address or in inform a news. Then the shipping costs are calculated and submitted to the buyer, along with the name of the carrier. The next step is to check all the information, read and accept these terms and conditions by checking the corresponding box, then invite him to validate his order by clicking on the button "Confirm my order". Finally, the buyer is redirected to the secure interface to securely provide his personal credit card. If payment is accepted, the order is registered and the contract definitively formed. Payment by credit card is irrevocable. In case of fraudulent use of this one, the purchaser will be able to demand the cancellation of the payment by card, the sums paid will be then credited or returned. The responsibility of the holder of a credit card is not engaged if the disputed payment has been proven fraudulently done, remotely, without physical use of his card.
To obtain the refund of the fraudulent debit and any bank charges that the transaction may have caused, the cardholder must challenge, in writing, the withdrawal from his bank, within 70 days of the transaction, or 120 days if the contract linking it to it so provides. The amounts withdrawn are reimbursed by the bank within a maximum of one month after receipt of the written dispute formed by the holder. No expenses of restitution of the sums can not be charged to the holder.
The confirmation of an order implies acceptance of these conditions of sale, the acknowledgment of having perfect knowledge and the waiver of its own terms of purchase. All data provided and the recorded confirmation will be worth proof of the transaction. If the buyer has an e-mail address and if he has entered it on his order form, the company Kelena will communicate to him by e-mail the confirmation of the registration of his order.
-Payment in cash at the HYADES COLLECTOR shop: the buyer selects the products he wants to order in the "basket", modifies if necessary (quantities, references) and selects the delivery by selecting the in-store recovery, no shipping costs are required. You can then select "pay in cash" which will require you to pay your order during the in-store recovery, an ID will be required.
If the buyer wishes to contact the Kelena he can do it by email at the following address: firstname.lastname@example.org
Article 5. Retention of title
Kelena company retains full ownership of the products sold until full payment of the price, in principal, fees and taxes included.
Article 6. Retraction
The buyer has a period of seven working days from the delivery of their order to exercise his right of withdrawal and thus return the product to the seller for exchange or refund without penalty, except for return costs.
Article 7. Delivery
Deliveries are made to the address indicated on the order form which can only be in the agreed geographical area. Delivery times are only indicative; if they exceed thirty days from the order, the contract of sale may be terminated and the buyer refunded. The buyer is delivered to the address indicated later in the order. Transport risks are the responsibility of the purchaser from the moment the items leave the premises of Kelena. The buyer is required to check the condition of the packaging of the goods and its contents upon delivery. In case of damage during transport, any protest must be made to the carrier within three days of delivery.
Article 8. Warranty
All the products supplied by the company Kelena benefit from the legal guarantee provided by articles 1641 and following of the Civil Code. In case of non-compliance of a product sold, it may be returned to the company Kelena who will resume, exchange or refund.
All claims, requests for exchange or refund must be made by email to the following address: email@example.com within thirty days after delivery.
Article 9. Liability
The company Kelena, in the process of distance selling, is held only by an obligation of means. It can not be held responsible for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, break of the service, or other involuntary problems.
Article 10. Intellectual Property
All elements of the site www.kelenaswim.com are and remain the intellectual and exclusive property of Kelena. Nobody is allowed to reproduce, exploit, or use for any purpose whatsoever, even partially, elements of the site whether in the form of photo, logo, visual or text.
Article 11. Personal data
Kelena undertakes to preserve the confidentiality of the information provided by the buyer, which he would have to transmit for the use of certain services. All information concerning him is subject to the provisions of Law No. 78-17 of 6 January 1978. As such, the user has a right to access, modify and delete information about him. He can make the request at any time by email to the following address: firstname.lastname@example.org
Article 12. Dispute Resolution
These conditions of distance selling are subject to French law. For any litigation or litigation, the competent court will be that of Papeete.