These conditions of sale are concluded on the one hand by the company SAS KIA KAHA with a share capital of 1000€ whose registered office is located in Villeurbanne , under the number SIRET 87863360100017 , managing the site www.maline.life and, d on the other hand, by any natural or legal person wishing to make a purchase via the website www.maline.life hereinafter referred to as "the buyer".
Article 1: object
These conditions of sale aim to define the contractual relationship between SAS KIA KAHA and the buyer and the conditions applicable to any purchase made through the website www.maline.life . The acquisition of a product through this site implies unreserved acceptance by the buyer of these conditions of sale, which the buyer acknowledges having read prior to his order. Before any transaction, the buyer declares on the one hand that the purchase of products on the site www.maline.life is not directly related to his professional activity and is limited to strictly personal use and on the other hand to have the full legal capacity, allowing it to engage under these general conditions of sale.
SAS KIA KAHA retains the option of modifying these conditions of sale at any time, in order to comply with any new regulations or with the aim of improving the use of its site. Therefore, the applicable conditions will be those in force on the date of the order by the buyer.
Article 2. Products
The products offered are those listed on the KIA KAHA website www.maline.life , within the limits of available stocks. The KIA KAHA company reserves the right to modify the product range at any time. Each product is presented on the website in the form of a description containing its main technical characteristics (capacity, use, composition, etc.). The photographs are as accurate as possible but do not bind the Seller in any way. The sale of the products presented on the www.maline.life site is intended for all buyers residing in countries which fully authorize the entry into their territory of these products.
Article 3. Rates
The prices appearing on the product sheets of the internet catalog and are prices in Euros (€) all taxes included (TTC) taking into account the VAT applicable on the day of the order. Any change in the VAT rate may be passed on to the price of the products. KIA KAHA reserves the right to modify its prices at any time, it being understood, however, that the price appearing in the catalog on the day of the order will be the only one applicable to the buyer. The prices indicated do not include delivery costs, invoiced in addition to the price of the products purchased according to the total amount of the order. In mainland France, for any order greater than or equal to 150 euros including tax , shipping costs are free; for any order less than 150 euros including tax , a flat rate contribution to shipping costs will be invoiced.
Article 4. Order and terms of payment
Before any order, the buyer must create an account on the site www.maline.life . The account creation section is accessible directly from the side menu bar. At each visit, the buyer, if he wishes to order or consult his account (order status, profile, etc.), must identify himself using this information. SAS KIA KAHA offers the buyer to order and pay for his products in several stages, with two payment options:
Secure payment by credit card (via the STRIPE system) or Paypal: the buyer selects the products he wishes to order in the "basket", modifies if necessary (quantities, references, etc.), checks the delivery address or report a news. Then, the shipping costs are calculated and submitted to the buyer, as well as the name of the carrier. Then, the buyer chooses the method of payment of his choice: "Payment by Paypal". The next step offers him to check all the information, read and accept these general terms and conditions of sale by ticking the corresponding box, then invites him to validate his order by clicking on the "Confirm my order" button. Finally, the buyer is redirected to the secure PAYPAL interface in order to securely inform his Paypal account references or personal credit card. If the payment is accepted, the order is recorded and the contract definitively formed. Payment by Paypal account or credit card is irrevocable. In case of fraudulent use of it, the buyer may demand the cancellation of the payment by card, the sums paid will then be credited or returned. The responsibility of the holder of a credit card is not engaged if the disputed payment has been proven to have been made fraudulently, remotely, without physical use of his card. To obtain reimbursement of the fraudulent debit and any bank charges that the transaction may have generated, the cardholder must contest, in writing, the direct debit from his bank, within 70 days following the transaction, or even 120 days if the contract binding him to the latter so provides. The amounts debited are reimbursed by the bank within a maximum period of one month after receipt of the written dispute filed by the bearer. No cost of restitution of the sums can be charged to the holder.
The confirmation of an order entails acceptance of these conditions of sale, the recognition of having perfect knowledge of them and the renunciation of availing oneself of its own conditions of purchase. All the data provided and the recorded confirmation will constitute proof of the transaction. If the buyer has an e-mail address and if he has entered it on his order form, KIA KAHA will send him confirmation of the registration of his order by e-mail.
If the buyer wishes to contact KIA KAHA , he can do so either by post to the following address: KIA KAHA, 6 avenue Salvador Allende, 69100 Villeurbanne ; either by email at the following address: bonjour @maline-bodywear.fr , or by phone at 0781491103 .
Article 5. Retention of title
The KIA KAHA company retains full ownership of the products sold until full payment of the price, in principal, costs and taxes included.
Article 6. Withdrawal
Under Article L121-20 of the Consumer Code, the buyer has a period of fourteen working days from the delivery of their order to exercise their right of withdrawal and thus return the product to the seller for exchange or refund without penalty, except for return shipping costs.
Article 7. Delivery
Deliveries are made to the address indicated on the order form which can only be in the agreed geographical area. Orders are made by La Poste via COLISSIMO , delivery service with tracking, delivery without signature. Delivery times are only given as an indication; if these exceed thirty days from the order, the sales contract may be terminated and the buyer reimbursed. The KIA KAHA company will be able to provide the buyer with the tracking number for their package by e-mail. The buyer is delivered to his home by his postman. In the event of the buyer's absence, he will receive a delivery notice from his postman, which allows him to withdraw the products ordered from the nearest post office, for a period indicated by the postal services. The risks associated with transport are the responsibility of the purchaser from the moment the items leave the premises of KIA KAHA. The buyer is required to check, in the presence of the La Poste employee or the deliverer, the condition of the packaging of the goods and its contents on delivery. In the event of damage during transport, any protest must be made to the carrier within three days of delivery.
Article 8. Warranty
All products supplied by the KIA KAHA company benefit from the legal guarantee provided for by articles 1641 and following of the Civil Code. In the event of non-compliance of a product sold, it may be returned to KIA KAHA , which will take it back, exchange it or refund it. All complaints, requests for exchange or reimbursement must be made by post to the following address: KIA KAHA, 6 avenue Salvador Allende, 69100 Villeurbanne , within thirty days of delivery.
Article 9. Liability
The company KIA KAHA , in the process of distance selling, is bound only by an obligation of means. It cannot be held liable for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, service interruption, or other involuntary problems.
Article 10. Intellectual property
All elements of the www.maline.life site are and remain the exclusive intellectual property of KIA KAHA . No one is authorized to reproduce, exploit, or use for any reason whatsoever, even partially, elements of the site whether in the form of a photo, logo, visual or text.
Article 11. Personal data
The KIA KAHA company undertakes to preserve the confidentiality of the information provided by the buyer, which he would have to transmit for the use of certain services. Any information concerning him is subject to the provisions of Law No. 78-17 of January 6, 1978. As such, the Internet user has a right to access, modify and delete information concerning him. He can make the request at any time by mail to the following address: KIA KAHA, 6 avenue Salvador Allende, 69100 Villeurbanne .
Article 12. Settlement of disputes
These distance selling conditions are subject to French law. In the event of a dispute, the Purchaser undertakes to contact the Company as a priority in order to attempt to resolve amicably any dispute that may arise between the parties. In the absence of conventional procedure or any other alternative method of dispute resolution, the French courts will have sole jurisdiction.