Welcome to the Kiade.com website, the website of Kiade's exceptional model boats. These general conditions of sale apply to all transactions that take place on this site. We thank you for reading them carefully.
Object
The present general conditions aim at defining the terms of sale between the company Kiade and you when you choose to become our customer. You are a customer under these terms and conditions if you order on the site www.Kiade.com, whether you are a private individual or not. When the present conditions are different according to the quality of the customer, these differences are clearly indicated.
Scope of application
The present general conditions of sale govern the sale of products found on www.Kiade.com on the day the order is placed. They apply regardless of the method of placing the order, unless otherwise specified.
Territoriality
Customers ordering via the Kiade.com website are deemed to be purchasing in France and are therefore subject to French law.
Customer acceptance
When you place an order on the Kiade site, the fact of checking the box "I have read the general conditions of sale and I accept them" before validating the order entails the acceptance of these general conditions of sale. These can be read directly on the site.
Modification of the general conditions of sale
The Kiade.com website evolves regularly in order to better serve you. These conditions are also likely to change regularly to reflect these changes in operation. We invite you to read them regularly. Each version of the present has a precise date, the orders are governed by the general conditions on line at the date of the order.
Characteristics of the products
We do our best to present the essential characteristics of the products on the technical data sheets. You can ask for a confirmation of the technical details of the products by sending us an e-mail. Except contrary information specified on the site, all the products sold on the Kiade site are new. The products offered are in conformity with the European legislation in force and the standards applicable in Europe.
Price
The prices are indicated in euros, all taxes included. For a delivery in all the countries other than France or Europe and the DOM-TOM, of the carriage costs will be added according to the weight and the value of the ordered goods, as well naturally on the country of destination. These shipping costs are clearly indicated in the order form. The prices displayed on the site are subject to change. They may also vary due to introductory prices, promotions or sales. All prices are given subject to obvious typographical error. Kiade.com reserves the right to cancel an order based on an obvious price error.
Value Added Tax (VAT)
Application: VAT applies to sales to residents of the European Union. It does not apply to non-French companies in the European Union with an intra-community VAT number. These companies must send us an order by fax or mail on company letterhead indicating their intra-community VAT number. The sales of the metropolis towards the DOM and the TOM and countries except Europe are done without tax. The products are taxed on arrival at the rate of VAT in force locally.
Rates
The VAT rate applied depends on the country of delivery of the product. It is, as a percentage of the value of the goods sold, 20% for a delivery in Metropolitan France, Corsica and Monaco.
Customs
There are no customs duties within the European Union. Customs duties may apply to goods sold from the European Union to your country if it is outside the European Union. In this case you are responsible for paying these duties, and any associated administrative aspects. Our responsibility ends when the product has been shipped to the address indicated by you. As a reminder, DOM TOM are considered, with respect to the sale of goods, outside the European Union and therefore subject to customs clearance.
Shipping costs
Shipping costs are free for delivery in France, Monaco and Europe. For other countries and DOM-TOM, they are charged according to the weight of the package, the country of delivery and the carrier chosen. They include ad valorem insurance costs.
Insurance
In order to better protect the goods shipped, we only ship ad valorem insured packages. The amount of the insurance is included in the shipping costs.
Ordering
Ordering: If you are a private individual, you can place an order with us either directly through the website www.Kiade.com, or by e-mail, telephone, fax or post. If you place an order through the site, you fill in your delivery and billing information yourself in a form adapted to your needs. You are naturally invited to read this form again before validating the order. Indeed, as you understand it, we cannot be held responsible for errors in the sending of electronic mail nor for errors in the sending of parcels due to a form containing errors.
Confirmation: Immediately after placing your order, you will be automatically sent an e-mail confirming your order (please always check the accuracy of the e-mail address you give us, so as to receive these different e-mails correctly). The automatic recording systems are considered as proof of the nature, content and date of the order. Kiade.com confirms the acceptance of your order at the email address you have given us. However, the sale will be concluded only after the validation of the order, not automated, by our sales department. Kiade.com reserves the right to cancel any order of a customer with whom would exist a dispute relating to the payment of a previous order or based on a flagrant error of price.
The information stated by you, when taking the order is binding: in case of error in the exact wording of your destination, Kiade can not be held responsible for the impossibility in which it could be to deliver the product.
Cancellation: You can cancel your order at any time, unless it has already been invoiced, i.e. during shipment. In such a case, and if you really do not want to receive the products you ordered, you must refuse the package upon receipt, that is to say send it back without opening it with the mention "package refused". If you ordered via the Kiade website, you can cancel your order directly on the site in the "my account" section. If you have used another method of ordering, you must contact the sales department of the company to cancel your order (contact@Kiade.com or +33 2 51 79 85 47).
Product availability
We work, according to the products, on the basis of an internal stock. In fact, depending on the case, the products are available within the limits of the stocks available at Kiade.
Payment
Means of payment: If you are a private individual, you can pay by credit card, bank transfer, check, Paypal ... You guarantee to the company Kiade that you have any necessary authorizations to use the method of payment chosen by you.
Default of payment: We reserve the right to refuse to make a delivery or to honor an order from a customer who has not paid in whole or in part a previous order or with whom a dispute is being administered.
Anti-fraud control: For your security as well as ours, the information related to your order is subject to automated data processing. The purpose of this automated data processing is to define a level of analysis of a transaction and to fight against credit card fraud. In this context, we may ask you to provide all the necessary documents for the validation and therefore the release of the order: proof of address, identity card...
Reservation of ownership
After your order, the company Kiade remains the owner of the delivered goods until their complete payment by you. The above provisions do not prevent, upon delivery of the goods, the transfer of the risks of loss or deterioration of the goods subject to retention of title as well as the damage they could cause.
Invoice
The order form that you make online is not an invoice. Whatever the method of order and payment a delivery note is included in the package without indicating the price of the items or the amount of the order. You can download the invoice (which is created during the preparation of the delivery) by connecting to your customer area on the site Kiade.com. We keep in archive a digital copy of each invoice.
Deadlines
Preparation time: Orders placed by Internet are collected every morning from Monday to Friday. In principle, you should count two days of preparation (processing of the order, invoicing, preparation of the products, packaging) before shipping for a product that we have in stock, if you have paid by credit card or by Paypal.
Transport time: They depend on the mode of transport which you chose. The times that we announce on the site (between 24 and 48 hours for a delivery in Metropolitan France, 3-4 days for a delivery in the DOM TOM, 2 to 5 days in Europe and 3 to 10 days in other countries) are those which are provided to us by the carriers. We provide this information as an indication, and even if we regularly monitor the validity of these deadlines and we make every effort to settle any delays in delivery to better serve our customers, the failure to meet these deadlines by carriers can in no way engage the responsibility of the company Kiade. For information, the deadlines provided on the site do not include Sundays and holidays. The estimated delivery time is reminded to you when placing the order in the order form.
Delivery time: If we have the product in stock, the delivery time is equal to the preparation time of the order plus the transport time. If the initial deadline that we announced to you is exceeded, a new deadline is communicated to you, according to the data known by us. In all cases, a proposal of cancellation and/or refund is then made to you.
Shipping
Packaging: We want the products you have ordered to meet and exceed your expectations. Consequently, the products to be sent are conditioned in the respect of the standards in the matter and our procedures are brought to evolve to improve the conditioning. Thank you for letting us know if you are not fully satisfied with the packaging.
Confirmation: If you have placed an order on the site, you will be sent an automatic e-mail confirmation of the shipment of your package. This allows you to estimate a probable date of receipt of the package.
Tracking of the parcel: The e-mail of confirmation of forwarding that we send to you, mentions in particular the number of the parcel which was dispatched to you. Thanks to this number, you can track the package on the carrier's website. The follow-up of the parcel depends on the carrier and is under its only responsibility.
Transport
We work with different carriers chosen according to the delivery locations, volume, value and nature of the products transported.
Delivery
Place of delivery: The products are delivered by default to the delivery address indicated by you on the order form. If the delivery address is different from the billing address, you indicate on the order form both addresses and the package is delivered to the delivery address specified.
Absence on the day of delivery: Depending on the case, the carrier may leave a notice in your mailbox, inviting you to contact the post office or the depot closest to your home or to contact him to make an appointment.
Delayed delivery: It is possible that a parcel does not arrive within the time guaranteed by the Post Office or by the carriers. In the case of the Post Office, you must contact your distributor first: parcels delivered by cash on delivery are very often the subject of a hold, so they must be withdrawn from the distributor Post Office with an identity document. In all cases (La Poste or carrier), if the delay is very important you can contact us in order to open an investigation for the localization of the parcel: it may indeed be lost.
Loss of packages
In this case, we are required to respect the deadlines imposed by the Post Office or by the carriers concerning the declaration of loss and the refund of the shipment. In fact, you are also bound by these deadlines: - Thus, you have a maximum period of 10 working days from receipt of the email confirming the shipment of your package to declare it lost with the company Kiade. Beyond this period, no claim will be taken into account. -On the other hand, if you have declared your package lost within the above period, we take care of opening a claim file. In this context and it is therefore possible that we ask you for documents necessary to the constitution of this file. -Finally, the final answers concerning the investigations are given to us by the carriers within a period varying from one to three weeks. The answer can be of two types: either the parcel is found and it is then sent back to you according to the normal procedure, or the parcel is declared lost by the carrier and we inform you and, according to your choice, we proceed to the refund (invoiced amount) or make a second sending.
Receipt of the parcel: The parcels are given to you against signature, or failing that, depending on the case, to the janitor or janitor of the building. When you receive a package, any product delivered must be checked and any reservations made on the carrier's slip in case of partial or total deterioration. Without these reserves the product is legally deemed to have been delivered in good condition, and can not be the subject of further dispute with the carriers or us. Any parcel not claimed by you within the deadlines, and returned to the Company Kiade can be reshipped to you on your request, at your expense.
Error of delivery: At the time of the reception of the parcel, you can possibly formulate by fax, electronic mail or postal mail with us any complaint of nonconformity of the products in kind (erroneous product), in quality or in quantity compared to the indications appearing on the invoice. We could not accept any complaint of nonconformity which would not be carried out in the rules defined above and within the time limits, and the company Kiade would be then of any responsibility with respect to you.
Strikes: In case of strike of the services of the Post office, of the carriers or any other event of exceptional nature slowing down or preventing the delivery of the parcels, we will put all the means in Œuvre to inform you of the state of the forwarding of your parcel.
Right of withdrawal: Satisfied or refunded procedure
Existence: If for any reason you are not satisfied with the product you have purchased, article L121-20 of the Consumer Code states that you have the right to renounce your purchase within 14 days of receiving your package. This is in no way a right of trial or free rental. Naturally, the product must be able to be resold by us immediately and without any reconditioning costs. This is why you will have to send it back to us in perfect condition for resale, that is to say, packed in its original packaging, complete and showing no trace of shock or malfunction.
Conditions: If you wish to use your right of withdrawal, the return of the product is made at your expense and, as the package travels under your responsibility, we recommend that you pack it well (inside and outside: the original packaging must itself be packed in a cardboard box suitable for transport), and of course to insure it for this return transport. Kiade cannot be held responsible for a problem of shock or malfunction caused during this return transport, and, for obvious reasons, we will not accept a product returned in a state that does not comply with the legal conditions, that is to say in perfect condition for resale, packed in its original packaging intact.
Methods of exercise: To use this right, you must inform the company Kiade (Return Service) of your prior intention to return the package. You can do this by e-mail, telephone, fax or post.
Subject to compliance with the above conditions, a refund of the value of the products in accordance with the purchase invoice, excluding shipping costs, will be made by us within 30 days of the proper receipt of the product.
In any case, we reserve the right to deduct from this refund the price of consumed, damaged or missing products.
Our Return Service does not deal with problems of failure or malfunction. Any product returned under these circumstances will be forwarded to the After Sales Service and the procedures applied will be those of this service.
Warranties: Contractual warranties: All products sold on the Kiade.com website are contractually guaranteed. The warranty contract is concluded between you and the manufacturer by the act of purchase, the purchase invoice and the manufacturer's warranty card being proof. The duration of this contractual guarantee and its conditions of application vary according to the manufacturers: you must make sure to read and keep the guarantee card that is in the product packaging.
For the products concerned, as long as the product is under the contractual guarantee of the manufacturer, if you have a problem with your product, you must first open an after-sales file with us because this procedure will inform you on the approach to adopt. Indeed, the products sent to the maintenance centers approved by the manufacturers are sent for an expertise which concludes either with the implementation of the guarantee, or with the denunciation of this guarantee. The result of the expertise is formalized by an estimate which, alone, indicates whether the repair can be made under the manufacturer's warranty. This estimate is submitted to you for acceptance or refusal. If the expertise concludes that the product problem is repairable under the warranty, you do not pay any repair costs. You will only be responsible for the cost of shipping the product for repair and, exceptionally, the cost of returning the product to a country other than the country where the order was delivered (in this case, you will also have to prove to customs that the product was purchased before repair). The estimate denouncing the contractual guarantee always has a cost for the customer: -if you accept the estimate, the cost of the estimate is included in the price of the repair performed by the authorized center -if you refuse it, you must pay the expertise that was done by the authorized center ("cost of establishing the estimate") and the return costs. The amount of the expertise is often fixed. It is set by the authorized center concerned. Finally, the repair time may vary depending on the approved centers concerned but also on the type of breakdown or the waiting time for parts...
Legal warranty
As a customer, you benefit from the legal guarantee described in article L211-1 of the consumer code which includes articles 1641 to 1648 of the civil code. As a reminder, this guarantee is due by the seller under 4 conditions: -that the defect of the product is hidden -that it is prior to the conclusion of the sales contract -that it is important to such an extent that the customer would not have bought it or would have offered a lower price -that the action is brought within a short period of time from the discovery of the defect.
Responsibility
The company Kiade is released from its obligations of delivery in case of force majeure. We also decline any responsibility for the misuse or abuse of the products you have ordered. The total or partial impossibility to use the products, in particular due to hardware or software incompatibility, cannot give rise to any compensation or refund or to any liability on our part. The sites linked directly or indirectly to Kiade.com are not under our control. Consequently, we assume no responsibility for the information published on these sites. Links to third-party sites are provided for convenience only and do not imply any endorsement of their content.
Protection of personal data
By ordering from Kiade, you agree to receive promotional information from us in the form of a newsletter. You can unsubscribe from this newsletter at any time by clicking on the corresponding link on the newsletters you receive. In accordance with the French Data Protection Act, you have the right to access your personal data in our database. To exercise this right, you just have to contact the Kiade Company by phone or email.
Litigation and liability
The present contract is subject to French law. In case of dispute or litigation between the parties concerning the execution or the interpretation of the present general conditions of sale, the only competent court will be the Commercial Court of Nantes. In case of international sale, only the French law is applicable in case of settlement of a dispute. Kiade cannot be held responsible for the non-performance of the contract concluded, on the one hand in case of force majeure, as defined by the French courts, in particular disruption or total or partial strike, in particular of the postal services and means of transport or communication, on the other hand in case of fault of the customer or the unforeseeable and insurmountable fact of a third party to the contract.
We reserve the right to modify, at any time, our offer in terms of prices, terms of payment, deadlines and characteristics. We commit ourselves to apply the prices in force which will have been indicated to you on the purchase order at the time of your order, except for an obvious typographical error.