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General Terms and Conditions of Sales
1. Preamble
You are currently connected to the Site www.purespiruline.com. The purpose of this document is to inform you about the company and its General Conditions of Sale.
These General Terms and Conditions of Sale apply to all orders placed on the website www.purespiruline.com or the mobile application (hereinafter referred to as “the Site”).
These General Conditions of Sale are concluded on the one hand between:
– The company “KC Organics International Limited”, whose registered office is located at 3rd Floor 207 Regent Street London Great London UK W1B 3HH, registered with the Trade and Companies Register under number 13239963. Hereinafter referred to as “KC Organics”
And on the other hand,
– By any natural or legal person wishing to make a purchase via the Website or the mobile application www.purespiruline.com.
Hereinafter referred to as the “Buyer” or the “Client”
The parties agree that their relations will be governed exclusively by this contract, to the exclusion of any condition previously available on the Site. However, if a condition were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France. The Customer acknowledges having, prior to placing the order, having read all of the aforementioned information and the General Conditions of Sale.
2. Object
Scope:
These General Conditions of Sale aim to define the contractual conditions (Rights and Obligations) between the company KC Organics International Limited and the Buyer, whether professional or consumer, in the context of the sale of products by the company KC Organics International Limited, made through its Merchant Site:www.purespiruline.com.
This contract complies with the French regulations in force, and more particularly with Law 2004-575 known as the Law for confidence in the digital economy. It also complies with the recommendations of the OECD in the field of electronic commerce, as well as the provisions of the Châtel law coming into force on June 1, 2008 and the provisions of the Hamon law coming into force on June 13, 2014. Important: this contract is made up of these General Conditions of Sale and the order form. Duration of application and modifications of the General Conditions of Sale These General Conditions of Sale are valid from June 13, 2014. This edition cancels and replaces previous versions. KC Organics International Limited reserves the right to adapt or modify these General Conditions of Sale at any time and without notice. In the event of modification, the General Conditions of Sale in force on the day of the order will be applied to each order. The Buyer must be at least eighteen (18) years old, be legally capable of contracting and using this Site in accordance with the General Conditions of Sale. The resale or distribution of products purchased on www.purespiruline.com is prohibited.
3. Product Availability
The products and services offered by KC Organics International Limited are presented on its Site in French, as well as in four other languages, namely Spanish, German, English and Italian.
Any national of the European Community and of countries complying with Directive 95/46/EC cannot assert his lack of linguistic knowledge as a cancellation clause for the contract. Product offers and prices are valid as long as they are visible on the Site, within the limits of available stocks. In case of unavailability of products after placing the order, the Customer will be informed by email or telephone as soon as possible. Following receipt of this information, the Customer may cancel his order and will thus be reimbursed within a maximum period of 14 days from the date on which the seller was informed of the withdrawal.
Due to the specificity of the Internet network, KC Organics International Limited does not guarantee the availability of all products and services in real time on its Site. For products not stored in its warehouse, the offers appearing on the Site are valid subject to availability from the supplier. This information coming directly from the suppliers, errors or exceptional modifications are beyond the control of the company KC Organics International Limited and cannot engage its responsibility.
4. Geographical area of distribution
The products sold online and presented on the Site or the mobile application are delivered throughout Europe.
5. Orders
Any purchase order signed by the Customer by “double click” or validation of a purchase by “click” on the interactive buttons of the e-commerce Site constitutes irrevocable acceptance which can only be called into question in the cases exhaustively provided for in this contract. The “double click” associated with the authentication and non-repudiation procedure and the protection of the integrity of the messages, constitutes an electronic signature. In accordance with the law of March 13, 2000, this electronic signature has value between the parties in the same way as a handwritten signature. Any agreement to an estimate sent by email to the Buyer, and returned to the company KC Organics International Limited with an explicit agreement also constitutes an irrevocable acceptance.
6. Order process
6.1. Stages of the purchase procedure by the Site
The Buyer who wishes to buy a product online can proceed in different ways by obligatorily following the procedures described below:
- Select the product(s) you want to buy and add it(s) to the cart.
- Click on the basket.
- Click on “order”.
- It is not necessary to create an account to place an order, you can complete the procedure with or without a created account.
- You then have the option of making payment either:
- By credit/debit card
- By PayPal
- When paying by credit card, it is not necessary to fill in the “Billing details” section on the left of the page. By clicking on the black “credit card” icon, you will be asked to fill in the detailed information concerning your card and your billing/delivery data on a secure page before proceeding to the last step.
- When paying by PayPal, it is necessary to fill in the “Billing details” section on the left of the “order” page.
- It is necessary to go to the next step to read and accept the general conditions of sale.
- You will receive after the validation of the secure payment the confirmation of your order.
The information and details communicated by the Buyer when placing the order are binding on him. In the event of input error(s), KC Organics International Limited cannot be held responsible for the consequences that this would cause and for the impossibility of ensuring delivery. This clause is applicable in the event of delay or error in delivery: in this case, all the costs incurred by the company KC Organics International Limited for the reshipment of the order will be entirely borne by the Buyer.
The Buyer checks the details of his order and its total price. He has the possibility of correcting possible errors, before confirming, in a second time the order. The validation of the order entails the acceptance of the General Conditions of Sale, the acknowledgment of having had perfect knowledge of them and, if necessary, the renunciation of availing oneself of its own conditions of purchase or other conditions.
6.2. Steps of the purchase procedure by email
You can also order your products by sending an email to our customer service:contact@purespiruline.com. If you choose such a possibility, payment by bank transfer is mandatory.
In this context, after you have sent an email with the list of products you want (and indicated the product numbers, quantity and information necessary for delivery), you will receive an email containing the total price and information on our account. . In case of payment by bank transfer, you must indicate your name and the number of your order (if we have given it to you) as a reference. If you do not do this, the processing of your order may be delayed due to the possible difficulty of establishing the link between your order and your payment.
Information about our bank:
KC ORGANICS INTERNATIONAL
BIC: TRWIBEB1XXX
IBAN: BE30 9672 4978 9211
WISE – Avenue Louise 54, Room S52
Our address: 3rd Floor 207 Regent Street London Great London UK W1B 3HH
Important: Your bank may charge you for this service, therefore bank charges must be included in your payment. Payment can be fully processed in up to ten (10) business days, after which your order will be processed and your items dispatched.
7. Order confirmation
Any order placed with KC Organics International Limited must be confirmed by the latter for the order to be definitively accepted. As such, the confirmation of the order will be sent to the Buyer at the email address he indicated during the step of providing his information. In the event that the Buyer does not receive the confirmation within the following hour, the latter must send an email to: contact@purespiruline.com for consultations with our customer service. The best solution that can be offered to the Buyer is to start by checking with his bank. If the latter confirms that the amount corresponding to the order has not been debited, the Buyer can be sure that his order is not pending at “Pure Spiruline”. In addition, KC Organics International Limited reserves the right to cancel any order from a Customer with whom there is a dispute relating to the payment of a previous order, or other cases provided for in this contract. The confirmation of the order will be sent by email to the Buyer as soon as possible, and at the latest at the end of the withdrawal period, subject to the provision by the Buyer of a valid email address not making the ‘object of’ no restriction of use (professional email address for example). In this specific case, KC Organics International Limited cannot be held responsible for the non-receipt of the order confirmation containing all the contractual information and providing proof of the transaction.
8. Price
The prices are valid as long as they are visible on the Site, within the limits of available stocks. KC Organics International Limited reserves the right to change prices at any time and undertakes to apply the price in effect on the date of validation of the order, subject to the availability of the product ordered on that date. In the event of an order to a country other than metropolitan France, you are the importer of the product(s) concerned. For all products shipped outside the European Union, the price will be calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums are not the responsibility of KC Organics International Limited. They will be at your expense and are your sole responsibility both in terms of declarations and payments to the competent authorities and/or bodies in your country. We advise you to inquire about these aspects with your local authorities. Prices are quoted in euros all taxes included. They take into account the VAT applicable on the day of the order. They do not include participation in delivery costs invoiced in addition and which will be indicated in the order confirmation. They take into account the VAT applicable on the day of the order. They do not include participation in delivery costs invoiced in addition and which will be indicated in the order confirmation. They take into account the VAT applicable on the day of the order. They do not include participation in delivery costs invoiced in addition and which will be indicated in the order confirmation.
9. Payment method
KC Organics International Limited provides the Buyer with various means of payment offering maximum security and guarantees:
- By credit card (Visa card / Visa electron, Carte Bleue Visa Classic, Eurocard/Mastercard, Maestro Card, JCB, Diners Club card, American express), by indicating directly in the area provided for this purpose (entry secured by SSL encryption), the card number without spaces between the digits, its validity date, as well as its control code; For payment by MasterCard, Eurocard or Diners Club, the sum will automatically appear on the next statement from your card issuer – as in other situations where you use your payment card. This method of payment is completely secure.
- ByPayPal (the Client is subject to the terms of use ofPayPal), this implies that no banking information concerning you passes through the Site of www.purespiruline.com. Payment by credit card is therefore perfectly secure; your order will be recorded and validated and the products shipped from our warehouse upon acceptance of payment.
The Customer guarantees to the company KC Organics International Limited that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the order form.
For credit card payments, certain checks may be carried out by KC Organics International Limited. The purpose of this automated data processing is to define a level of analysis of a transaction and to fight against credit card fraud.
KC Organics International Limited is the sole recipient of data relating to the Customer’s order. The non-transmission of data related to the order prevents the analysis and therefore the completion of the purchase. The occurrence of an unpaid amount due to fraudulent use of a credit card will result in the registration of the details relating to the order associated with this unpaid amount in a payment incident file. An irregular declaration or an anomaly may also be subject to specific processing.
In accordance with the data-processing law and freedom of January 6, 1978 you have at any time a right of access, rectification, and opposition to the whole of your personal data by writing by mail and by justifying your identity to : KC Organics International Limited – 3rd Floor 207 Regent Street London Great London UK W1B 3HH.
KC Organics International Limited reserves the right to refuse any order from a Buyer with whom a payment dispute is in progress or from a Buyer who has not fully or partially paid a previous order.
10. Retention of title
The products delivered to the Customer remain the property of the company KC Organics International Limited as long as the Customer has not paid the full price in principal and accessories, due under his order. Payment within the meaning of this clause means the effective collection of the price by the company KC Organics International Limited. On the other hand, the transfer of risks takes effect from the actual delivery of the products ordered on the online store. The documents provided to the Client are governed by the Intellectual Property Code. They therefore remain the property of KC Organics International Limited. It is therefore forbidden to reproduce, assign, or use the documents provided without the consent of KC Organics International Limited.
11. Command execution
KC Organics International Limited reserves the right to refuse the order for a “legitimate reason” (as defined by case law), and in particular (without this list being exhaustive) in the event of unavailability of the product, excessive demand of the Customer, of presumption of impossibility for the Customer to contract or of clear intention for the Customer to harm the company KC Organics International Limited. KC Organics International Limited also reserves the right to refuse the order in the event of a manifest typographical error leading to the display of a “low price”, and this at the time of the order placed by the Customer. Finally, the company reserves the right to refuse the order in the event of a dispute with the Customer, total or partial non-payment of a previous order, refusal of bank authorization during the online payment process. The order will be executed at the latest within thirty (30) days from the day following that on which the Customer placed his order, subject to acceptance thereof by the company KC Organics International Limited.
12. Billing
An invoice will be automatically sent to the Customer when the products are sent. This will be sent by email to the address registered by the Customer, unless otherwise specified by him.
13. Delivery
As a reminder, the products purchased on the Site www.purespiruline.com can be delivered throughout Europe.
The products are shipped to the delivery address(es) indicated during the ordering process. You will receive an automatic email when the order is shipped from our premises.
We make every effort to update the product price and availability information on our webpage but, despite our best efforts, there may be rare cases in which the price and availability information of a product are not correct.
The delivery times announced in the delivery section of the Site are calculated in working days. The times indicated are average times and correspond to the processing, preparation and shipping times of the order.
Delivery with Colissimo (or other) – if the customer is not available to receive the package, the UPS courier leaves a delivery notice with the indication that delivery will take place the next working day, if the customer knows that he will not be available the following day, he must inform Colissimo (or other) indicating where the parcel can be left during his absence.
All orders will be accompanied by a summary document (mentions required by article L 121-19 of the Consumer Code) sent by email and mentioning:
- Identification and contact details of the company
- Delivery fees
- Payment and delivery terms
- The essential characteristics of the product
- The price
- The address to which to submit complaints
- After-sales service information
Any defect or delay in delivery exceeding ten (10) working days must be reported to our Customer Service (contact@purespiruline.com) as soon as possible.
If you receive the product(s) after your order has been cancelled, you must return them to us complete and in their original condition to enable us, upon receipt, to proceed to its reimbursement. The parcels must not have been opened under penalty of receiving a refusal of reimbursement.
You must check the conformity of the goods delivered at the time of delivery and before signing the carrier’s delivery note.
14. Loss / Delay in delivery
The delivery time is global for each product (usually ranging from two to 12 working days depending on the geographical area of the order). Once the order has been dispatched from our warehouse, you will receive confirmation by e-mail informing you of this shipment. Please note that, despite the care taken to ensure the accuracy of information relating to prices and availability, this information may occasionally be incorrect on a number of products in our catalogue. If your order has not been delivered to you after fifteen working days (not counting Saturday and Sunday), please contact Pure Spiruline customer service (contact@purespiruline.com) in order to report this delivery problem to us. We will acknowledge receipt of your complaint and analyze the situation.
15. Unsuccessful delivery
It can happen that orders are returned to Pure Spiruline with the notion “Unsuccessful delivery”.
This usually happens within 10 to 15 days, but this period can be extended. The reasons for an unsuccessful delivery are as follows:
- Recipient is no longer available
- No answer
- Incomplete address
- Destination unreachable
- Recipient unknown
- Delivery refused
- Order not collected by the customer
If none of the reasons mentioned above apply to your order, you will receive notification of an unsuccessful delivery attempt and a request for confirmation of data relating to the delivery address.
Numbers 1 & 2
The cost of returning the product will be at your expense and the return will be completed within 48-72 hours (if payment has cleared), unless Mobile24 receives alternative instructions.
Numbers 3, 4 & 5
The cost of returning the product will be at your expense and the return will be made following confirmation of the delivery address and receipt of payment.
Numbers 6 & 7
You have received the notification, however no action will be taken by Pure Spiruline until further instructions from you. Therefore, if we do not hear from you within 30 days of receipt of products, these will be relisted and no further action will be taken*.
*You will not receive additional information regarding the status of the order and payment.
NB:
- In the event of an error in the delivery address indicated, please contact our customer service directly at the email address contact@purespiruline.com.
- The cost of return will be equal to that initially paid and you will receive all the details by e-mail.
If the package is involuntarily lost during its delivery and is not delivered 10 working days from the date of shipment, you have the option of canceling your order or requesting a new shipment. To do this, please contact Customer Service so that we can provide you with a solution.
16. Right to retract
You have the right to withdraw from this contract without giving any reason within fourteen clear days. The withdrawal period expires fourteen clear days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the goods. To exercise the right of withdrawal, you must notify us by email atcontact@purespiruline.com your decision to withdraw from this contract.
You can also contact our customer service via the contact form directly on the website www.purespiruline.com. If you use this option, we will send you an acknowledgment of receipt of the withdrawal on a durable medium (by e-mail) without delay. This acknowledgment will contain the return number that you must indicate on the envelope before returning the product.
For the withdrawal period to be respected, it is sufficient that you send your communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period. In the event of your withdrawal from this contract, we will refund all payments received from you, including delivery costs (except for additional costs arising from the fact that you have chosen, where applicable, a method of delivery other than the less expensive method of standard delivery offered by us) without undue delay and, in any event, no later than fourteen days from the day on which we are informed of your decision to withdraw from this contract.
We will make the refund using the same means of payment as you used for the initial transaction, unless you expressly agree to a different means. In any event, this refund will not incur any costs for you. We may withhold reimbursement until we have received the goods or until you have provided proof of shipment of the goods, whichever date is first.
You must send back or return the goods to us without undue delay and, in any event, no later than fourteen days after you have informed us of your decision to withdraw from this contract. This period is deemed to have been complied with if you return the goods before the expiry of the period of fourteen days. You will have to bear the direct costs of returning the goods. Your liability is only engaged with regard to the depreciation of the property resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this property.
17. Exchange, Refund
In the event of defective products or receipt of a product different from the product ordered, the Customer has a period of fourteen (14) clear days after the day on which he, or a third party other than the carrier and designated by the Customer, takes physical possession of the goods, to return the product. You must return or return the goods to us without undue delay and, in any event, no later than fourteen days after you have informed us of your decision to return the product for reimbursement.
To return the product, you must notify us by email at contact@purespiruline.com. You can also contact our customer service via the contact form directly on the website www.purespiruline.com. If you use this option, we will send you an acknowledgment of receipt of the withdrawal on a durable medium (by e-mail) without delay. This acknowledgment will contain the return number that you must indicate on the envelope before returning the product.
The allocation of an RMA return number is in no way an acknowledgment of product defect. Indeed, only the authorized personnel of the company KC Organics International Limited who will examine and test the product, will judge the existence of such a defect. If it turns out that the defect was confirmed, the replacement or total refund according to your request will be made as follows:
- Replacement: If the situation permits (availability of stocks), a replacement or the granting of a similar product will be offered to the Customer as soon as possible. Otherwise, the Customer’s back order will be given optimum priority and will be shipped when the product becomes available in stock. Typically, product inspection and shipment of new products may take up to five (5) business days.
- Refund: When the Customer chooses to be refunded, the money will be transferred to him using the same payment method used for the original payment (if applicable). It is the Customer’s responsibility to inform KC Organics International Limited beforehand of any possible changes to the information concerning his card (ie if the account is not the same). Credit card refunds are credited to the same card used for the purchase, and the refund will occur within fourteen (14) days.
The return costs can then be reimbursed on receipt. These costs should not exceed the standard rates for a registered post by Colissimo.
The Customer is invited to use a mode of dispatch providing him with all the necessary guarantees, and in particular certain proof that the delivery has indeed been ensured, as well as reimbursement is covered in the event of loss or deterioration (which is all the more important if they are high value items). KC Organics International Limited cannot be held liable for damage to products or their loss during transit. For all questions regarding the products purchased, you can contact our After-Sales Service: E-mail address: contact@purespiruline.com
Information for B2B customers
B2B orders are only accepted when purespiruline.com has proof of payment, i.e. the full amount has been transferred to KC Organics International Limited’s account. B2B customers do not have 14 days for cancellation or return. B2Bs must check the goods upon receipt and, in the event of an error, contact Pure Spiruline. Defects cannot be reported later if detected upon receipt. If the product has hidden defects, the customer must immediately contact customer service by email:
18. Guarantee
KC Organics International Limited undertakes to respect its obligations in terms of guarantees attached to the products sold on its site and in its various catalogues: Under the terms of article L.211-4 of the Consumer Code, the seller is required to deliver a good in conformity with the contract and is liable for any lack of conformity existing at the time of its delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. Under the terms of article L.211-5 of the Consumer Code,
To be in conformity with the contract, the good must:
- Be specific to the use usually expected of a similar good and, where applicable: correspond to the description given by the seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model; present 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;
- Or present 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. Under the terms of article L.211-12 of the Consumer Code, the action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. KC Organics International Limited is also bound by the legal guarantee against latent defects, within the meaning of article 1641 and following of the Civil Code which provides: “The seller is bound by the guarantee for the latent defects of the thing which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid only a lower price for it, if he had known about them”.
The products sold on the website www.purespiruline.com comply with the regulations in force in France and Europe.
KC Organics International Limited does not guarantee the Customer against any harmful consequences that these hidden defects could have caused. The procedure for filing a request for out-of-court settlement of consumer disputes* for our French customers
You can file an out-of-court consumer dispute resolution request relating to a product purchased from us or our service at:
http://www.ieam.eu/mediation-de-la-consommation/demande-demediation/
The procedure for filing a request for extra-judicial settlement of consumer disputes* for our customers outside Metropolitan France
You can file your request for out-of-court settlement of consumer disputes at:
European Consumer Center (CEC)
http://www.europe-consommateurs.eu/en/solving-your-problem/
You can also file a complaint with the European Commission –https://ec.europa.eu/odr– which pays particular attention to customers residing in another EU country.
In order to be able to use the OER portal, please enter our email address: contact@purespiruline.com
*Before resorting to the mediator, the customer must first file a complaint with Pure Spiruline customer service. The request for mediation is only admissible if the customer can provide proof of an unsuccessful complaint.
Customer service
For any information or questions, our Customer Service is at your disposal.
So you can reach us
- By email : contact@purespiruline.com
- By post to the following address: KC Organics International Limited, 3rd Floor 207 Regent Street London Great London UK W1B 3HH
19. Major force
KC Organics International Limited can in no way be held responsible for the non-execution of the order in the event of force majeure. By express agreement, are also considered as cases of force majeure: unavailability of the product, disruptions, strikes (including carriers), theft or loss by the carrier, natural disasters, war, riots, fire, out of stock, any other disaster natural, even if the conditions of unpredictability, irresistibility and exteriority are not met.
With regard to products purchased to meet professional needs, the company v will not incur any liability for any consequential damages as a result of these presents, operating loss, loss of profit, damages or costs, which may arise.
20. Electronic signature
The “Double Click” associated with the authentication and non-repudiation procedure of the Customer when ordering and with the acceptance of these General Conditions of Sale constitutes an electronic signature. This electronic signature has the value of a handwritten signature between the parties.
21. Responsibility
KC Organics International Limited, in the online sales process, is only bound by an obligation of means; its responsibility cannot be engaged for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, service interruption, or other involuntary problems. KC Organics International Limited cannot be held responsible for any material or human damage resulting from product failure.
22. Evidence
The computerized registers, kept on the servers of the company KC Organics International Limited as well as on the servers of its banking establishments, will be considered as proof of communications, orders and payments made between the parties.
23. Conservation and archiving of documents
The archiving of transaction data is carried out on a reliable and durable medium, in accordance with article 1348 of the French Civil Code. It is therefore carried out in accordance with the AFNOR Z 42-013 standard relating to the design and operation of computer systems with a view to ensuring the conservation and integrity of the records stored in these systems.
24. Personal information
The automated processing of information, including the management of the e-mail addresses of users of the Site, is carried out in compliance with the provisions of Law No. 78-17 of January 6, 1978. Similarly, all users have the right to verify the accuracy of this data, and may request its rectification or deletion by writing its request by email to the company KC Organics International Limited at the following address: contact@purespiruline.com.
The information and contact details concerning the Customer are confidential. They are used for order processing and to send information on products similar to those previously provided. The Customer has the possibility of opposing, free of charge, except those linked to the transmission of the refusal, and in a simple manner, to the use of his contact details and this, each time a message is sent to him. To do this, simply write to the following address: contact@purespiruline.com.
25. Intellectual property
In accordance with the laws governing Intellectual Property (literary and artistic property rights, industrial property rights), this Site and all the elements, brands, designs, models, logos, graphics, etc. found on this Site are the exclusive property of KC Organics International Limited and its partners, the latter not granting any license or any right other than that of consulting the Site.
The reproduction or use of all or part of these elements is only authorized for the exclusive purposes of information for personal and private use, any reproduction and any use of copies made for other purposes being expressly prohibited. Any other use constitutes counterfeiting and is sanctioned under Intellectual Property, except with the prior written authorization of KC Organics International Limited. Any simple or hypertext link is strictly prohibited without the express written consent of KC Organics International Limited.
26. Entire contract
These General Conditions of Sale express the entirety of the obligations of the parties. No general or specific condition communicated by the Customer may be incorporated into these General Conditions of Sale.
27. No Waiver
The fact that the company does not take advantage of a breach by the Customer of any of the obligations referred to herein cannot be interpreted for the future as a waiver of the obligation in question.
28. Applicable law, Disputes
These General Conditions of Online Sale are subject to French law, in accordance with European directives, notwithstanding any rule relating to conflict of laws. In the event of a dispute, the parties will favor amicable settlement. Any dispute relating to the interpretation or execution of this contract between the company KC Organics International Limited and a natural or legal person considered as a consumer, will be brought before the French courts, in accordance with the provisions of articles 46 to 48 of the NCPC. To protect your rights, you can also contact a competent consumer protection association.
29. Lexicon
In this contract, each of the expressions mentioned below shall be understood within the meaning of its definition, namely:
- “The Company”: KC Organics International Limited
- “online sales contract”: any contract concerning the order of products concluded between the company and a Customer within the framework of a distance selling system organized by the company KC Organics International Limited, which for this contract, uses exclusively the Internet network until the conclusion of the contract, including the conclusion of the contract itself.
- “Client” or “Buyer”: any natural person who, in this contract, acts in a private capacity or as a representative of a legal person.
- “order form”: document which indicates the characteristics of the products ordered by the consumer and which must be signed by him by “double click” to commit him.
- “Order”: act by which the Customer undertakes to purchase products and the company to deliver them to him.
- “Product”: property sold by the company.
- “Double click”: reiteration of the validation of the Order form by the Customer. An order form completed and validated for the first time is never taken into account without the Customer’s confirmation. This confirmation can be made by means of a checkbox bearing acceptance of the General Conditions of Sale, or an order confirmation message.