Welcome on the Kiade.com website of the Kiade company. These general conditions of sale apply to all the transactions which take place on this site. We thank you for reading them attentively.
The present terms & conditions aim at defining the procedure of sale taking place between us and you when you choose to become our customer. You are a customer within the scope of these terms & conditions, if you order on the site www.Kiade.com.com whether you are a private individual or not. When the present conditions are different according to quality of the customer, these differences are indicated clearly.
Field of application
The present terms & conditions of sale govern the sale of the products being displayed on www.Kiade.com at the day when the order is placed. They apply, whatever the mode of placing the order, except specific indication.
The customers who order via internet on Kiade.com are considered as buying in France and are therefore subjected to the French law.
Acceptation of conditions
When you place an order on the Kiade.com site, the fact of ticking the box “I have taken knowledge of the terms & conditions of sale and I accept them” before validating the order involves the acceptance of these terms & conditions. Those can be read directly on the site.
Modification of the terms & conditions
Kiade.com evolves regularly with the aim of serving you better. The present conditions are thus also likely to evolve regularly . We thus invite you to read them regularly. Each version of present terms & conditions has a precise date, the orders are governed by the terms & conditions that were on line at the date of your order.
We endeavour to present as precisely as possible, on product pages, the main characteristics of the latter. You can ask for a confirmation of technical details of the products by sending an electronic mail to us. Except contrary information specified on the site, all the products sold on Kiade.com are new. The products are in conformity with the European legislation into force and the applicable standards in Europe.
All prices are indicated in euros, inclusive of tax but excluding delivery costs. Delivery costs will be invoiced according to the weight and the value of the ordered goods, and also naturally to the country of destination. These delivery costs are clearly indicated in the purchase order. Prices posted on our site are thus likely to be modified. They are also likely to vary due to opening prices, promotionnal events etc. All prices given are supposed correct except for obvious typographical error.
Value Added Tax (VAT)
Application: The VAT applies to the sales concluded with residents from the European Union. It does not apply to the non French companies of the European Union having an intracommunity VAT number. Those must send an order by telefax or mail to us on headed paper of the company with indication of their intracommunity VAT number. The sales from France towards the DOM and TOM are net of tax. The products are taxed at arrival at the rate of local VAT.
The rate of VAT applied depends on the country of delivery of the product. It is, expressed as a percentage of the value of the sold goods, 20 % for a delivery in Metropolitan France, Corsica and Monaco.
There are no customs taxes within the borders of the European Union. Customs duties possibly apply to the goods sold since the European Union towards your country if it is not part of the European Union. In this case you accept to take care and pay these customs duties, and of the possibly associated administrative aspects. Our responsibility stops when the product is dispatched to the address indicated by you. For recall the French DOM TOM are considered, with respect to the sales of goods, as outside of the European Union and are thus subject to customs clearance.
The delivery costs are free to you for a delivery in Metropolitan France Monaco and European Union. For the other countries and the DOM-TOM, they are invoiced according to the weight of the parcel, the countries of delivery and the selected carrier. They include the ad valorem insurance charges.
So as to better protect the dispatched goods, we dispatch only ad valorem insured parcels. The amount of the insurance is included in the freight costs.
Placing an order: If you are a private individual, you can place an order directly on the site www.Kiade.com.com, and also by electronic mail, telephone, telefax or postal mail. If you place your order on the site, you will be asked for your addresses of delivery and invoicing in an specific form. You are naturally invited to read again this form before validating the order. Indeed, as you understand it, we cannot be held responsible for errors in electronic mail or errors of dispatching of the parcel due to errors made during the purchase process.
Confirmation: Immediately after reception of your order, we will send you an e-mail of confirmation of your order (thank you again for checking the exactitude of the e-mail that you provide us with, so as to receive these various e-mails correctly).
Cancellation: You can cancel your order at any time, as long as it has not already been invoiced, i.e. in the course of forwarding. In such case, and if you do not wish any more to receive the products that you ordered, you must refuse the parcel upon reception, i.e. return it without opening it with the mention “parcel refused”. If you ordered via the Kiade.com site, you can cancel your order directly on the site in the heading “my account”. If you used another mode of placing of order, you must contact the sales department of the company to cancel your order. Except particular specification for certain products (artisanal products manufactured out by the unit with a very long completion date), there is no financial penalty for a cancellation of your order.
Depending on products, they are available within the limit of stocks at Kiade
Payment: If you are a private individual, you can pay by credit card, check, Paypal… You guarantee to Kiade that you have the necessary authorizations to use the means of payment you choose.
Bad payment: We reserve ourselves the right to refuse to carry out a delivery or to deliver an order emanating with a customer who would not have regulated in whole or part a preceding order or with whom a litigation would be in the course of administration.
Anti fraud control: For your safety as well as ours, information in connection with your order is the subject of an automated processing of data. This automated processing of data has as a finality to define a level of validity of a transaction and to fight against the fraud with the credit card. It has proven very effective in the past. Within this framework, we can be brought to ask you for some data necessary to this validation : document in proof of residence, identity paper…
Kiade remains legal owner of the goods delivered until their complete payment by you. The provisions above do not make obstacle, as of the delivery of the goods, with the transfer of the risks of loss or deterioration of the goods subjected to reserve of property as of the damage which they could cause.
The purchase order that you create on line is not an invoice. Whatever the means of order and the mode of payment a delivery order is included in the parcel without indication of the price of the elements or the amount of the order. You can download the invoice (which is creates at the time of preparation of the delivery) by connecting to your customer account on Kiade.com.com. We keep in file a numerical copy of each invoice.
Preparation time: The orders placed by Internet are collected every morning from Monday to Friday. In theory, you must count two days of preparation (treatment of the order, invoicing, preparation of products, packing) before forwarding for a product which we have in stock, if you paid in credit card or Paypal mode.
Forwarding time: They depend on the means of transport which you chose. The deadlines that we announce on the site (consider 24 and 48H for a delivery in Metropolitan France, 3-4 days for a delivery in Europe and the French DOM TOM, a week or more for the US, Canada, Japan and most other countries) are those which are provided to us by the carriers. We provide you this information as an indication, and even if we regularly check the validity of these deadlines and if we put all our efforts to regulate the possible delays of delivery for better service to our customers, non respect of these times by the carriers can in no case engage the responsibility of Kiade. For information, the times provided on the site do not include Sundays and public holidays. The delivery period estimated is recalled to you, when you place your order, on the purchase order.
Delivery time: If we have the product in stock, the delivery time is equal to the time of preparation of the order added with the forwarding time. If we do not have the product in stock you must add to the time of preparation and the time of transport, the time for the product to arrive in our stock. If the initial time that we announced to you in our first e-mails is exceeded, a new estimate is communicated to you, according to our best information. In all cases, a proposal of cancellation and/or a refunding is then made to you.
Package: We wish that the products you receive meet or exceed your expectations. Consequently, the products to be dispatched are packed in the respect of the standards and our procedures evolve constantly. Thank you for telling us if packaging did not fully satisfy you.
Confirmation: If you placed an order on the site, you will receive an e-mail of information when your parcel is dispatched. This enables you to estimate a date of reception of your parcel.
Parcel tracking: The e-mail of information of parcel shipment indicates the tracking number of your parcel. Thanks to this number, you can follow his parcel on Internet site of the conveyor. The follow-up of the parcel depends on the carrier and is under its full responsibility.
We work with various carriers chosen according to the places of delivery, volume, the value and nature of goods to be transported.
Place of delivery: The products are delivered to the address of delivery indicated by you on the purchase order. If the address of delivery is different from the billing address, you simply have to indicate on the purchase order the two addresses and your parcel will be delivered to the address specified for delivery.
Absence at time of delivery: According to cases the carrier can leave a transit advice note in your mail-box, inviting you to contact the post office or the deposit nearest to your residence, or to contact it to make a new appointment.
Delivery delay: It is possible that a parcel does not arrive in times guaranteed by the carriers. In this case, if the delay is very important you can contact us in order to make open an investigation for the localization of the parcel: it may be indeed that the parcel was lost.
Loss of parcel
In this case, we are held to respect the times imposed by the carrier concerning the declaration of loss and the refunding of shipment cost. In fact, you are also held by these deadlines: – Thus, you have 10 days maximum, as from the foreseen delivery date indicated on the mail of information of forwarding of your parcel, to declare this one lost to Kiade. Beyond this time no complaint will be taken into account. – In addition, if you declared your parcel lost within the time above, we will open a file of complaint with the carrier. It is then possible that we ask you for documents necessary to the constitution of this file. – Lastly, the final answers concerning the investigations are given to us by the carrier under a time varying from one to three weeks. The answer can be of two types: either the parcel is found and it is then returned 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 either refund you (invoiced amount) or carry out a second parcel shipment.
Reception of the parcel: The parcels are given to you against signature, or failing this, according to cases, with the guard or caretaker of your building. When you receive your parcel, it must be subject of aspect control and possible reserves on the form of the carrier in the event of partial or total deterioration. Without these reserves it is legally supposed to have been delivered in good condition, and could not be the subject of later dispute with the carrier or us. Any parcel not claimed by you within the deadlines, and turned over to Kiade could be reforwarded to you on your request, at your expenses.
Delivery mistake: At the time of the reception of the parcel, you can formulate by telefax, e-mail or postal mail to us any complaint of nonconformity of the products in kind (erroneous product), in quality or quantity compared to the indications being reproduced on the invoice. We could not accept complaint of nonconformity which would not be carried out according to the rules defined above and the time limits, and Kiade would be freed of any responsibility with respect to you.
Strikes: In the event of strike of the postal services, carriers or any other event of exceptional nature slowing down or preventing the delivery of the parcels, we will do our best to inform you of the status of your parcel.
Right of retractation
Existence: If for any reason you are not satisfied with the product you bought from us, the L121-20 article of the French code of consumption states that you have the possibility of giving up your purchase in the 14 days following the reception of your parcel. This shouldn’t be taken as a right of free test or free hiring. Naturally, we must be able to sale again the product immediately, without any cost of reconditioning. This is why you will have to return it to us in a perfect state of resale, i.e., packed in its packing of origin, complete and not presenting any trace of shock or dysfunction. The right of retractation does not apply to the products carried out to order to the unit by craftsmen. The customers who have the quality of retailer cannot benefit from the right of retractation.
Conditions: If you wish to use your right of retractation, the return of the product is carried out at your expenses and, the parcel travelling under your responsibility, we recommend to you to pack it well (interior and external: the packing of origin must itself be packed in a parcel adapted to transport), and naturally to insure it for this return transport. Kiade cannot be held responsible for a problem of shock or of dysfunction caused at the time of this return transport, and, for obvious reasons, we will not be able to accept a product returned in a state not in conformity with the legal conditions, i.e. in a perfect state of resale, packed in its intact packing of origin.
Procedure: To use this right, you must notify Kiade (Return service) of your preliminary intention to turn over the parcel. You can do this by e-mail, phone, fax, or postal mail.
Subject to the respect of the preceding conditions, a refunding of the value of the products in accordance with the purchase invoice, except costs of carriage, will be performed in the 30 days following the good reception of the product. In all cases, we reserve ourselves the right to substract if necessary on this refunding the price of the consumed, deteriorated or missing parts or products. Our Return service is not in charge of the problems of breakdown or dysfunction. Products turned over in these circumstances will be transmitted to the After-sales service and the procedures applied will be those of this service.
Contractual guarantees: All the products for sale on Kiade.com.com are guaranteed in a contractual way by their respective manufacturer. The contract of guarantee is concluded between you and the manufacturer by the act of purchase, the purchase invoice and the manufacturers guarantee form. The duration of this contractual guarantee and its conditions for application vary according to the manufacturers: you must read carefully and keep safely the guarantee form which is in the packing of the product. 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 as a preliminary open a after-sales file with us as this procedure will inform you about the next steps. Indeed, the products sent to the maintenance centers approved by the manufacturers are subject to an expertise which concludes either with the acceptance of repair within the guarantee, or with the denunciation of this guarantee. The result of the expertise is formalized by an estimate which indicates if repairs can be made under the manufacturer gaurantee. This estimate is sent to you for acceptance or refusal. If the expertise concludes that the problem of the product is reparable within the framework of the guarantee, you do not pay any expenses for repair. Your only charge will be for shipment of products for repair and exceptionally the expenses of return if repaired products must be dispatched to a country different from the original country of delivery of the order.
The estimate denouncing the contractual guarantee always has a cost for the customer: – if you accept the estimate, the cost of this estimate is included in the price of the repair carried out by the approved center – if you refuse it, you must pay the valuation which was made by the approved center and the expenses of return. The amount of the expertise is often contractual. It is fixed by the approved center concerned. Lastly, the time of repair can vary according to the approved centers concerned but also to the type of breakdown or waiting of part…
Legal guarantee: As a customer, you benefit from the legal guarantee described with the L211-1 article of the French code of the consumption which takes again articles 1641 to 1648 of the French civil code. For recall this guarantee is due by the salesman under 4 conditions: – that the defect of the product is hidden – that it is former to the conclusion of the sale contract – that it is so important that the customer would not have bought it would he have been offered a lower price – that the proceedings are brought within a short time starting from the discovery of the defect.
Kiade is released from its obligations of delivery in the event of cause beyond control. We decline in addition any responsibility as for the diverted use or the misuse of the products which you ordered. Total or partial impossibility to use the products in particular due to incompatibility of hardware or software can give place to no compensation or refunding or blame for our responsibility. The sites connected directly or indirectly to Kiade.com.com are not under our control. Consequently, we do not assume any responsibility as for the information published on these sites. The links with third party sites are provided only by way of convenience and do not imply any guarantee as for their contents.
Personal data protection
While placing order at Kiade, you agree to receive some promotional information in the form of newsletter. You can decide to unsubscribe at any time from this newsletter by clicking on the appropriate link at the bottom of the newsletter. In accordance with the Law “Informatique et Libertés”, you have a right of access to all data concerning you in our data base. To exert this right, simply contact Kiade by telephone or mail.
Dispute and reponsability
The present contract is subjected to the French law. In case of contesting or dispute between the parts about the execution or about the interpretation of the present general conditions of sale, the only compétant court will be the commercial court of Nantes in France. In case of international sale, only the French law is applicable in case of regulation of a dispute. The Kiade Company would not know how to be considered as person in charge of the non-fulfillment of the concluded contract, on one hand in case of force majeure, such as defined by the French courts in particular disturbance or all-out or partial strike, in particular postal services and means of transportation or communications, on the other hand in case of for lack of the customer or of the unpredictable and insuperable fact of a third party to the contract. We reserve the right to modify, at any time, our offer in term of prices, conditions of regulation, deadlines and characteristics. We make a commitment to apply the current price lists.