PURPOSE
The present general conditions of sale apply between :
L'Entreprise Individuelle Fontaine Génelva - known as “Boutique Kafrine Laswa” with a capital of 0€.
21Bis Chemin Boissy, Bérive - 97430 Le Tampon
Réunion Island
Tel : 0693 13 38 53
e-mail : kafrinelaswa@gmail.com
registered in France at the RCS of Saint-Pierre de La Reunion under n° 892 559 61
Publishing director and editor: Fontaine Génelva
Hébergeur du site : OVH Cloud
Hereinafter “Kafrine Laswa
And
Any natural person acting for purposes that do not fall within the scope of their commercial, industrial, craft or liberal activity, visiting or making a purchase via the www.kafrinelaswa.re website.
Hereinafter referred to as the “Customer”.
The present conditions aim to define the terms and conditions of distance selling between Kafrine Laswa and the Customer, from order to payment and delivery. They regulate all the steps necessary for the placing of the order and ensure the follow-up of this order between the contracting parties.
By placing an order, the Customer acknowledges having read, understood and accepted the general terms and conditions of sale. These general terms and conditions of sale may be subject to change, and the conditions applicable are those in force on www.kafrinelaswa.re on the date the Internet user places his/her order.
The Customer declares :
- that he/she has the legal capacity to enter into this contract, i.e. that he/she has reached the age of majority and is not under guardianship or trusteeship,
- not to purchase Kafrine Laswa products for resale.
PRODUCTS
The products offered for sale by Kafrine Laswa are those listed on the site www.kafrinelaswa.re, on the day of consultation of the site by the Customer.
Products are offered for sale while stocks last.
The products offered for sale are described and presented as accurately as possible. The information communicated on the product sheet notably mentions the essential characteristics of the products (color, description, composition), their price inclusive of all taxes, under the conditions indicated in the present General Terms of Sale.
The customer may also contact Kafrine Laswa's customer service department for any additional information:
Kafrine Laswa
Customer Service - 21Bis Chemin Boissy, Bérive, 97430 Le Tampon
E-mail: kafrinelaswa@gmail.com
Tel.: 0693 13 38 53
PRICES
Prices are given in euros (€), inclusive of all taxes, without VAT.
Kafrine Laswa reserves the right to modify its prices at any time. Products will be invoiced on the basis of the prices in force at the time the order is registered.
ORDER
In order to place an order, the Customer must first identify himself or register on the website www.kafrinelaswa.re by completing the “Create my account” form.
Any order confirmed by the Customer implies express acceptance of the prices displayed and the descriptions of the products available for sale. In addition, the Customer declares that he/she has read these General Terms and Conditions of Sale before placing his/her order. Validation of the order implies acceptance of these General Terms and Conditions of Sale.
At any stage of the order process, the Customer may check the contents of the order at any time, and access all information relating to the products selected, their prices, delivery conditions, payment conditions and methods, and the right to withdraw from the order. Kafrine Laswa has created validation and acceptance screens for delivery and payment terms to enable the customer to review the order before confirming it definitively.
Validation of the order and its payment constitutes final confirmation of the order, which will be confirmed by the sending of an e-mail containing all the information already communicated, the General Sales Conditions and the withdrawal form.
Product availability: products offered for sale on the www.kafrinelaswa.re website are subject to availability. As soon as a product is no longer available, it is removed from the www.kafrinelaswa.re website. However, if an order is placed and one or more articles become unavailable, Kafrine Laswa will immediately contact the customer by e-mail or telephone to inform him of the unavailability of the product and of the total or partial cancellation of his order.
In the event of total cancellation of the order, the total amount of the order will not be deducted or will be refunded in full to the account used for payment.
PAYMENT
Payment is made online by credit card.
The invoice for the order will be included in the parcel containing the product(s) ordered.
Online payment by credit card:
We accept Carte Bleue, Visa, Mastercard and American Express.
The account is debited immediately after the bank transaction has been recorded.
(See bank conditions)
In the event of a stock shortage, the amount of the cancelled item(s) will either be deducted from the total amount debited or credited back to the customer's account within 3 working days of the debit of the amount including the cancelled item(s).
Thus, no information other than the customer's e-mail address is communicated to Kafrine Laswa.
Information relating to the order is subject to automated data processing, for which Kafrine Laswa is responsible. The purpose of this automated data processing is to define a level of analysis of a transaction and to fight against credit card fraud.
Kafrine Laswa is the recipient of data relating to the order. The non-transmission of order-related data prevents the transaction from being carried out and analyzed.
The occurrence of an unpaid order due to fraudulent use of a bank card will result in the registration of the details relating to the order associated with this unpaid order within a payment incident file implemented by Kafrine Laswa. An irregular declaration or anomaly may also be subject to specific processing.
In accordance with the French Data Protection Act of 6 January 1978, the customer has the right to access, rectify and oppose all personal data concerning him/her at any time, by writing to Kafrine Laswa, by post, and providing proof of his/her identity.
Kafrine Laswa will be at liberty to verify the personal data provided by the customer and to adopt any measures deemed necessary (request for proof or cancellation of the order) to ensure that the person whose bank account is debited is indeed the person who placed the order, and to avoid any fraudulent use of bank card numbers.
SECURE PAYMENT
(See bank conditions)
To ensure payment security, the www.kafrinelaswa.re website uses the Payplug secure payment service. This service incorporates the Secure Socket Layer (SSL) security standard. Confidential data (16-digit credit card number, expiry date and cryptogram) are transmitted in encrypted form directly to the SIPS server, without passing through the physical media of the Kafrine Laswa server.
Once the order has been validated, the payment request is routed in real time to the Payplug secure telepayment manager. The latter sends an authorization request to the credit card network. The payment processor issues an electronic certificate.
APPLICABLE LAW
It is expressly agreed that French law shall apply. The courts of Saint-Pierre shall have exclusive jurisdiction over any dispute concerning the subject matter hereof. FIGHT AGAINST CREDIT CARD FRAUD
DELIVERY CHARGES
Except in cases of force majeure or unforeseeable and insurmountable act of a third party to the contract, delivery times will be those indicated below and will run from the date of receipt of payment for the order.
The customer is responsible for checking the condition of the packaging and the conformity of the product delivered, and for entering any reservations on the delivery slip issued by the carrier STL FONTAINE.
At the time of delivery, the customer will be asked to sign the delivery note, which will include information about the order and the items delivered, to justify that the items have been received correctly.
The delivery charge is €8 (inc. VAT) per delivery point, for parcels weighing up to 30kg and/or measuring L80cms/P50cms/H50cms.
Please note: www.kafrinelaswa.re takes every precaution to ensure that your products arrive in perfect condition. However, if you notice a problem on receipt of your parcel (damaged packaging, missing product, etc.), please make a note of your reservations on the carrier's delivery slip.
RIGHT OF WITHDRAWAL
In accordance with the law, the customer has a right of withdrawal for a period of fourteen days, which may be exercised from receipt of the order, without having to justify the decision or incur any costs other than those required to return the order. To exercise this right, the customer simply needs to contact Kafrine Laswa via the site's customer service department, by e-mail (kafrinelaswa@gmail.com) or by telephone (0693 13 38 53), expressing his wish to withdraw.
The customer shall return the products ordered within fourteen days of communicating his decision to retract under the conditions defined in these GCS and after validation by Kafrine Laswa. In this respect, the customer undertakes not to do anything that could depreciate the products ordered as a result of manipulations other than those necessary to establish the nature, characteristics and proper functioning of these products.
The article must not have been worn or washed, and must still bear the sales label and, where applicable, be in its original packaging.
The cost of returning the goods is borne by the customer, and will be invoiced at the same rate as for the original order.
The customer will have the choice of retaining a credit note issued by Kafrine Laswa, exchanging for another article (in store only) or being reimbursed.
Kafrine Laswa will reimburse the customer for all items returned within a maximum period of fourteen days following the customer's retraction, unless the customer returns his order by post, in which case reimbursement will be deferred until the ordered products have been recovered, or until the customer has provided proof of shipment of his products, whichever comes first.
In accordance with the law, the right of withdrawal may not be exercised for contracts for the supply of services fully executed before the end of the withdrawal period and whose execution has begun after the consumer's express prior agreement and express waiver of his right of withdrawal. The exercise of the right of withdrawal for orders relating to the loyalty card, subject to the absence of use of one of the associated services, will automatically result in the cancellation of all loyalty points accumulated and any loyalty discounts.
The right of withdrawal cannot be exercised for contracts for the supply of goods which have been unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection, such as underwear, swimwear, earrings, etc.
RETURNS AND EXCHANGES
On a commercial basis, kafrinelaswa.re offers its customers a 14-day period to return products ordered on the website.
In this case, the returned products must be unworn, in their original packaging and, for returns by post, accompanied by a duly completed returns slip. (Or, if unable to print, the order number, references and reason for return on plain paper).
Exchanges must be made in store only.
Exchange or refund in the Kafrine Laswa boutique:The customer may return an item to the Kafrine Laswa boutique. He will then be offered an exchange or refund in the form of a credit note.
- Exchange:
The Kafrine Laswa boutique will take back the item at the price indicated on the delivery slip and the new item will be invoiced at the price charged in the boutique. - Returns:
Boutique Kafrine Laswa registers the return. The customer will receive a credit note by e-mail. Only the price of the item will be refunded. - Refunds:
Boutique Kafrine Laswa registers the return and issues a credit note to the customer, who must keep it as proof of the item's deposit. The customer will be reimbursed by crediting the credit card account used to pay for the order. Only the price of the item will be refunded.
This service is only available for returns by post or by the STL FONTAINE carrier. - Return by post :
The customer may return an item to the following address:
Kafrine Laswa
21Bis Chemin Boissy, Bérive, 97430 Le Tampon
The customer is responsible for return postage costs.
PROTECTION OF PERSONAL DATA
Personal information:
The information collected is intended for Kafrine Laswa, who is responsible for processing it.
We use this information to process orders, deliver products and communicate with you regarding your orders, products and promotional offers. If you do not fill in the mandatory fields marked with an asterisk, we will not be able to deliver your order.
These data may be transmitted to third parties, partners of Kafrine Laswa. In accordance with the French Data Protection Act of January 6, 1978, amended on August 6, 2004, you have the right to access and rectify information concerning you. If you wish to exercise this right and obtain information concerning you, please contact our IT and freedom correspondent by e-mail at kafrinelaswa@gmail.com or by post at “Kafrine Laswa - 21Bis Chemin Boissy, Bérive, 97430 Le Tampon”. You may also, for legitimate reasons, object to the processing of data concerning you.
Cookies :
This site uses cookies. To find out more about cookies, their functions and how to disable them, please read the Cookies section.
INTELLECTUAL PROPERTY
All elements of the Kafrine Laswa site, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents.
They are the exclusive property of Kafrine Laswa. The user who has a personal Internet site and who wishes to place, for personal use, on his site a simple link referring directly to the homepage of the Kafrine Laswa site, must request authorization from the company Kafrine Laswa. This will not constitute an implicit affiliation agreement.
RESPONSIBILITY
Kafrine Laswa may not be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, external intrusion or the presence of computer viruses, or for any event qualified as force majeure, in accordance with jurisprudence.
Furthermore, Kafrine Laswa shall not be held liable for any breach of its contractual obligations in the event of force majeure or an unforeseeable and insurmountable act of a third party to the contract, or in the event of a fault attributable to the customer that prevents Kafrine Laswa from fulfilling its obligations in the context of distance selling.
LEGAL WARRANTIES
Reminder of the provisions of the French Consumer Code:
Consumers who decide to take action under the legal guarantee of conformity :
Has a period of two years from delivery of the goods in which to take action;
May choose between repair or replacement of the good, subject to the cost conditions stipulated in article L211-9 of the French Consumer Code;
Is exempted from proving the existence of the lack of conformity of the good during the six months following delivery of the good. This period is extended to twenty-four months from March 18, 2016.
The consumer may decide to invoke the warranty against hidden defects in the item sold, as defined in Article 1641 of the French Civil Code. In this case, the consumer may choose between rescission of the sale or a reduction in the purchase price in accordance with article 1644 of the French Civil Code.
In accordance with the law, the company Kafrine Laswa guarantees, in any case, the consumer against all consequences of defects or latent defects of the thing sold.
Article L211-4 of the French Consumer Code
The seller is obliged to deliver goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery.
He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation, when the latter is his responsibility under the contract or was carried out under his responsibility.
Article L211-5 of the French Consumer Code To conform to the contract, the goods must :
1° Be fit for the purpose normally expected of similar goods and, where applicable :
- correspond to the description given by the seller and possess the qualities presented to the buyer
the buyer in the form of a sample or model;
- have the qualities that a buyer may legitimately expect in view of the public statements made
by the seller, the producer or his representative, in particular in advertising or labelling;
2° Or have the characteristics defined by mutual agreement between the parties, or be suitable for any special use sought by the purchaser.
sought by the buyer, brought to the seller's attention and accepted by the latter.
Article L211-7 of the French Consumer Code.
Defects of conformity which appear within six months of delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise.
The seller may rebut this presumption if it is not compatible with the nature of the good or the alleged lack of conformity.
Article L211-8 of the French Consumer Code.
The buyer has the right to demand that the goods conform to the contract. He may not, however, contest conformity by invoking a defect of which he was aware or could not have been unaware when he entered into the contract. The same applies when the defect is due to materials supplied by the purchaser.
Article L211-9 of the French Consumer Code.
In the event of a lack of conformity, the buyer may choose between repair and replacement.
However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate to the alternative, given the value of the good or the importance of the defect. In this case, he is obliged to proceed, unless this is impossible, according to the method not chosen by the purchaser.
Article L211-10 of the French Consumer Code.
If repair or replacement of the good is impossible, the buyer may return the good and have the price refunded, or keep the good and have part of the price refunded.
The same option is available to him:
1° If the solution requested, proposed or agreed under article L. 211-9 cannot be implemented within one month of the buyer's complaint;
2° Or if this solution cannot be implemented without major inconvenience to the buyer, given the nature of the good and its intended use.
and the intended use.
However, the sale may not be rescinded if the lack of conformity is minor.
Article L211-11 of the French Consumer Code.
L'application des dispositions des articles L. 211-9 et L. 211-10 a lieu sans aucun frais pour l'acheteur.
Ces mêmes dispositions ne font pas obstacle à l'allocation de dommages et intérêts.
Article L211-12 of the French Consumer Code.
The application of the provisions of articles L. 211-9 and L. 211-10 is free of charge for the purchaser.
These same provisions do not prevent the award of damages.
Article L211-13 of the French Consumer Code.
The provisions of the present section do not deprive the purchaser of the right to bring an action arising from redhibitory defects, as provided for in articles 1641 to 1649 of the French Civil Code, or any other contractual or extra-contractual action to which he may be entitled by law.
Reminder of the provisions of the Civil Code :
Article 1641.
The seller is liable for any hidden defects in the item sold which render it unsuitable for its intended use, or which impair this use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.
Article 1644.
In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price refunded, or keeping the thing and having part of the price refunded, as arbitrated by experts.
Article 1648.
Actions arising from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.
INTEGRALITY
Should any of the clauses of the present contract be rendered null and void by a change in legislation or regulations or by a court decision, this shall in no way affect the validity of and compliance with the present general terms and conditions of sale.
DURATION
The present conditions apply for the duration of the online services offered by Kafrine Laswa.
APPLICABLE LAW-LITIGATION
The present general conditions of sale are subject to French law.
In the event of a dispute arising from the present contractual relationship, the Internet user and Kafrine Laswa undertake to seek an amicable solution before taking any legal action.
In the event of litigation, only French courts will be competent.
MEDIATION
In accordance with Article 14 of Regulation (EU) No. 524/2013, any consumer has the right to have recourse, free of charge, to a consumer mediator with a view to the amicable resolution of a dispute between him/her and a professional. To do so, you can file a complaint online on the European Commission's website: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=H
Updated November 17, 2022