TERMS OF USE

Site: www.boutique-kimono.com

This site is produced by the company KIMONO, a company in its own name, registered in the Paris Trade and Companies Register under number 312221658.
Headquarters: 74 Bld Haussmann, 75008 Paris.
Contact: Tel: 01-43-87-43-42
e-mail: [email protected]
This site is hosted by the company HOSTINGER, https://www.hostinger.fr/

Characteristics of the products and services offered:
The boutique-kimono.com site is an online sales site accessible via the internet, offering for sale a choice of silk items and men's accessories: socks, ties, bow ties, scarves, scarves, underwear, pouches , cufflinks, sport shirts...
This site is intended for private, personal and non-commercial use only.

Terms of Sales
These General Terms and Conditions of Sale are concluded on the one hand by the company KIMONO, whose registered office is at 74 Bld Haussmann 75008 Paris, registered in the Paris Trade and Companies Register under number 312221658 and on the other hand, by any particular final purchaser wishing to make a purchase as part of a distance sale via the KIMONO website hereinafter referred to as the “Customer”.
The Kimono company undertakes never to give or sell data to a third party.
The purpose of these General Conditions of Sale is, on the one hand, to inform any possible consumer of the terms and conditions under which the seller sells and delivers the products ordered and, on the other hand, to define the rights and obligations of the parties in connection with the sale of products by the seller to the consumer. They apply, without restrictions or reservations, to all sales, by the company Kimono, of the products offered on its website called: boutique-kimono.com Consequently, the fact for any person of ordering a product offered for sale on the website of the company Kimono implies full and complete acceptance of these General Conditions of Sale which the Customer acknowledges having read prior to his order.
The Kimono company reserves the right to modify these General Conditions of Sale at any time. In this case, the applicable conditions will be those in force on the date of the order by the Customer.
These General Conditions of Sale shall prevail over all other conditions appearing in any other document, except for prior, express and written exemption.
The online sale of the products and services presented on the site is reserved for buyers who reside in:
- Metropolitan France, Corsica and Monaco, -Belgium, Luxembourg, Liechtenstein, the Netherlands and Germany, -Austria, Italy, Portugal, Spain, United Kingdom, Denmark and Ireland, Iceland, Greece, Andorra, Finland, Norway, Sweden, Switzerland, -Canada, USA and Australia, Brazil, Russia, Canada, Japan.

Prices, Items and Order Terms
Price
The sale prices of the products online on the website of the company Kimono indicated in euros, are those in force at the time of registration of the order form by the Customer.
They do not include shipping costs, invoiced in addition to the price of products purchased according to the amount of the order. The shipping costs will be indicated before the order is registered by the Customer.
The Kimono Company 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 include the value added tax (VAT) applicable on the day of the order, any change in the applicable rate will be automatically reflected in the price of the products sold by the Kimono Company on its website.

Regarding VAT:
- Delivery in mainland France and countries belonging to the European Union:
The order will be established inclusive of VAT. The prices take into account the VAT applicable on the day of the order. Any change in the applicable rate will be reflected in the prices of the products.
- Delivery in DOM TOM: For all products shipped to the French overseas departments and territories, the price will be calculated excluding tax automatically on the invoice (20% VAT). On arrival of the package, the buyer will be required to clear his goods by paying the duties and taxes at the entrance to the department or territory.
- Delivery outside the European Union: For all products shipped outside the European Union, the price will be automatically calculated net of tax on the invoice (19.60% VAT). Customs duties or other local taxes or import duties or State taxes may be payable. These rights are not the responsibility of the Kimonno company. They will be at your expense and are your sole responsibility both in terms of declarations and payments to the competent authorities in your country.

Articles:
The Kimono Company expressly reserves the right at any time to add new items, to delete all or part of the Products sold or presented on the site's catalog, to change their presentation or cease their marketing on its site, and this, without that it is obliged to notify the Customer in advance.
Products and services are offered within the limits of available stocks.
For each product selected on the “boutique-kimono.com” site, you can display a summary page, showing the photo of the item, its description, its color, its unit price, and the sizes offered. You must verify the accuracy of your selection before confirming your order The photographs, graphics and descriptions of the products offered for sale are only indicative and do not bind the seller.
The photographs illustrating the products are not contractual. Kimono cannot be held responsible for any errors, in particular typographical errors or for the “screen-reality” color differential.

Orders
The Customer who wishes to buy a product or a service must:
- create an "account" (by completing the identification form on which he will indicate all the requested contact details) identified by his email address and a password that he must choose.
- complete the online order form giving all the references of the products or services chosen;
- validate his order after having checked it;
- make the payment under the conditions provided;
-confirm his order and payment.
The fact of placing an order signifies the full and complete acceptance of these general conditions of sale which are accessible at any time on the site and in particular at the time of validating the order. These general conditions of sale constitute the only agreement between the parties and prevail over any other document.
In order to validate the order, the customer is asked to click on the “validate” icon, which constitutes the first “click”. The customer is then presented with the General Conditions applicable to the sale of items on the “boutique-kimono.com” site so that the customer can read them and / or print them. The customer must accept the terms of said General Conditions by clicking on the "accept" button, this constituting the second "click".
The "validation double click" associated with the authentication and non-repudiation procedure and the protection of all messages constitutes an electronic signature. This electronic signature has the same value between the parties as a handwritten signature in accordance with article 1316-1 of the Civil Code.
Any purchase order signed by the consumer by "this double click of validation" constitutes an irrevocable acceptance which can only be called into question in the cases exhaustively provided for in this contract in the articles "guarantee of satisfaction" and "availability of products" .
All the data provided and the recorded confirmation will constitute proof of the transaction.
The Kimono Company will communicate by email confirmation of the recorded order. The sale will not be considered final until the Customer has sent the confirmation of the order by Kimono and receipt by the latter of the full price.
The Kimono Company recommends that the Customer keep this information in a paper or computer document.

Product availability
The items are only deliverable while stocks last. In this context, information on the availability of items is provided to you when placing the order. In the absence of availability of the product, the company Kimono undertakes to inform the buyer as soon as possible.
The buyer will then have the option of choosing another item or canceling his order and being reimbursed.
In the event of payment by bank check, the Kimono company will reimburse the overpayment by check.
The site contains a commercial proposition for the sale of articles, which is not exhaustive of the articles sold by the company Kimono.
In order to ensure a better quality of service and availability of our products, purchases made on the “boutique-kimono.com” site are limited by reference to 5 items.

Security and payment methods
Payment must be made when ordering by the Customer. At no time may the sums paid be considered as a deposit or down payment.
All orders are payable in euros.
Payment is made by bank card bearing the initials CB or by check for customers in mainland France only.
All payment transactions are carried out directly with ATOS, a specialist in secure Internet payment. The transaction is secured by SSL technology, that is to say that your bank details circulate on the Internet in an encrypted (and therefore secure) way between your computer and the SIPS electronic payment server of our partner ATOS, and never arrive on our site.
Once payment has been validated, your order is registered.
The 3DSecure standard provides you with even more security when shopping, since a validation code, received on your mobile phone, will be requested to complete your purchase.
You can pay for your order online with your credit card (Blue card, Visa, Eurocard / Mastercard).
We accept payment by bank check for customers from mainland France exclusively. Checks must be made out in euros payable to Kimono. The order number must be specified on the back of the check as well as the words "Internet order". The check should be sent to the following address: Kimono, 74 Boulevard Haussmann, 75008 Paris.
The order will be shipped upon receipt of the check.
Kimono retains full and entire ownership of the products sold until the price has been fully collected, in principal, costs and taxes included.
Deliveries and reception Delivery can only take place if the customer agrees (in the order form), the ATOS payment
center (payment agreement), and the company Kimono, which reserves the right to refuse any order from a customer with whom there is a dispute over payment for a previous or current order.

- General rules
The products will be delivered to the address indicated by the Customer on the order form, which can only be in the agreed geographical area.
By default, invoices are sent to the e-mail address indicated by the Customer when registering.
Failure to comply with the procedures set out below, no complaint from the Customer will be accepted.
For reasons of availability, an order can be delivered in several times to the Customer. The customer only pays for one delivery. If the Customer wishes 2 places of delivery, he places 2 orders, with the related delivery costs.
The products are insured by us until delivery. The indicative delivery times are:

4 working days for metropolitan France;
6 working days for European countries and DOM TOM;
8 working days for all other destinations.

These deadlines are given for information only and are subject to variations, particularly during periods of high demand. The Kimono Company would like to assure you that it will do its utmost to meet these deadlines and best satisfy its customers.
The delivery time is only given as an indication and any overrun may not give rise to any damages, refusal of the goods or cancellation of the order.
The amount of transport costs is calculated according to the country of destination and the actual weight of the package according to the terms defined by the carrier chosen by the company Kimono.
- Characteristics of the Colissimo system followed by the POST The Customer is delivered to his home by his postman and signs a delivery slip acknowledging receipt, when the option: delivery with signature is chosen, for convenience, we choose the option, "delivery without signature", in order to 'ensure all deliveries in letter
boxes.
If the Customer has to pick up his parcel from a post office or relay point, he is required to check, in the presence of the post office attendant or the delivery person, the condition of the packaging of the goods and its contents on delivery.
In the event that the Customer has any doubt of any kind whatsoever on the condition or content of his package, he is required:
- to apply the Colissimo procedure (in particular to report the damage due, all complaints and reservations) and to refuse the goods by immediately issuing a report of anomaly to the post office employee (finding 170).
- report these incidents to the Kimono company.
The Kimono Company cannot be held responsible for the direct or indirect consequences of a cancellation of an order or a delay in delivery for any reason whatsoever and in particular in the event of disruption or strike of the postal services or transport and '' generally, in the event of events beyond our control.
In any event, and in accordance with the provisions of Article L. 121-20-3 of the Consumer Code, the products ordered will be delivered within a maximum period of thirty days from the day following that on which the Customer registered his order, subject to full payment of the price.

In the event of a delay in delivery compared to the date initially fixed, the Customer must report it in writing (letter, fax, email) to the company Kimono, in order to improve the quality of service that may be offered to him and to enable him to investigate the carrier.
An investigation with the carrier can take up to 21 working days. If during this period, the product is found, it will be immediately re-routed to the delivery location designated in the order form.
On the other hand, if the ordered product is not found at the end of this period of 21 days of investigation, the company Kimono will proceed at its expense to a new shipment of the ordered products.
In the event that the product ordered is no longer available, Kimono Company is required to reimburse the sums paid by the Customer. The refund is due within a maximum of 30 days.
You will then be reimbursed by a re-credit system (secure transaction) in the event of payment by credit card, or by check in other cases. In the event of a product exchange, the delivery costs will be borne by the customer.
Satisfaction Guarantee - Item Return All our silk articles, as we specify on the description sheets attached to the photos of the products, are delicate, silk and cashmere are very delicate materials and for this reason we have made the choice: neither returned nor exchanged those articles for which this mention is displayed.
If the purchased product is not affected by this condition and the product is not suitable for the Customer:

They can be returned under the following conditions:
If a product does not suit you, you have 10 days from receipt of the package to return it to us in perfect condition for resale, in its original condition (packaging, accessories), by registered mail at the current postal rate corresponding to the value of your return and accompanied by the original invoice. The Kimono Company reserves the right to refuse any return that does not comply with the conditions mentioned above. No refund will be made
upon receipt of a damaged or opened product, if this condition has not been confirmed on the Return form after agreement from the Kimono Company.
All complaints, requests for exchange or refund must be made by registered letter with acknowledgment of receipt to the following address: Kimono Company, Attention Customer Service
74 Bld Haussmann
75008 Paris
It is very important to send it to us by registered or registered Colissimo, because we are not responsible for the non-receipt of the returned product. You can exchange the product (size, color or other model), or request a refund to the extent that occurs during the purchase, does not bear the words "neither returned - nor exchanged". We thank you for completing "the return form" attached to the invoice in order to tell us your choice as well as the reasons for your return.
We will not re-charge the shipping cost in case of an exchange. The initial delivery charges are not refunded. In both cases (exchange or reimbursement), the transport costs caused by the return of the items are not reimbursed to you unless this return is justified by the non- conformity of the products delivered (reference error or defective item after finding of the defect by our workshops) .All refunds are made within 30 days of return of the package.

For countries outside the European Union, please specify to customs that this is a "return for non-compliance".
Failure to comply with the procedure set out above and the deadlines indicated, the Customer may not make any claim for non-conformity or apparent defect of the delivered products, the products then being deemed to conform and free from any apparent defect.
The Kimono company does not accept parcels sent postage due.
Any risk associated with the return of the product is the responsibility of the Customer.
The Kimono company does not offer the possibility of requesting the exchange or refund of an item purchased via our website in the Kimono store.
Retention of title The Kimono Company retains full and entire ownership of the products sold until the price
has been fully collected, in principal, costs and taxes included.
Site ownership and personal data All the elements of the site of the company Kimono are and remain the intellectual and exclusive property of Kimono. No one is authorized to reproduce, use, redistribute, or use for any purpose whatsoever, even partially, elements of the site, whether software, visual or sound.
All texts, sketches, comments, illustrations, photos and images reproduced on the sites of the company Kimono are reserved under copyright as well as intellectual property and for the whole world. As such and in accordance with the provisions of the Intellectual Property Code, only use for private use subject to different or even more restrictive provisions of the intellectual property code is authorized. Any other use constitutes an infringement and is punishable under Intellectual Property. Any total or partial reproduction of the Kimono site is strictly prohibited.
Any simple or hypertext link is strictly prohibited without the express written consent of the company Kimono.
Protection of personal data Nominative information relating to buyers may be the subject of automated processing. In accordance with the "Informatique et Libertés" law n ° 78-17 of January 6, 1978, the Customer has the right to access, rectify, oppose and delete data concerning him from the company Kimono. To do this, simply send us a request by mail indicating your e-mail address, last name, first name, address, and undertakes never to give or sell the data to a third party.
We inform you that this automated processing of information, in particular the management of users' email addresses, has been declared to the CNIL (Commission Nationale de l'Informatique et des Libertés) under number 1263887.
The Kimono company reserves the right to install cookies on the computer of visitors to its website. a cookie does not allow us to identify you. In general, it records information relating to the navigation of your computer on our site (the pages you have consulted, the date and time of the consultation, etc.) that we can read during your subsequent visits. In this case, it contains the information you have just provided to us. Thus, you will not need,
on your next visit, to fill out the form that we have proposed to you again.

The Kimono company undertakes not to disclose to third parties the information communicated by buyers and visitors to the site. These are confidential.
They will only be used by its internal departments to process your order and only to strengthen and personalize communication, particularly through information letters and e-mails.

Disputes
In the event of difficulties in the application of this contract, the buyer has the possibility, before any legal action, to seek an amicable solution in particular with the help of a professional association of the branch, of a consumer association. or any other advice of his choice.
It is recalled that the search for an amicable solution does not interrupt the "short period" of the legal guarantee, nor the duration of the contractual guarantee. It is recalled that as a general rule and subject to the discretion of the Courts, compliance with the provisions of this contract relating to the contractual guarantee supposes that the buyer honors his financial commitments towards the seller.
Complaints or disputes will always be received with attentive benevolence, good faith being always presumed in those who take the trouble to explain their situations.
In the event of a dispute, the customer will first contact the company to obtain an amicable solution.
These general conditions of sale are subject to French law, both for the substantive rules and for the formal rules. Only the French version of these general conditions of sale is opposable to the company Kimono.
Applicable law and competent jurisdiction Sales of Kimono products are subject to French law. Any dispute relating to the interpretation, execution or termination of the contract concluded between Kimono and the Client, even in the event of multiple defendants, will, in the absence of an amicable agreement, fall within the jurisdiction of the courts of Paris.
For countries outside the European Union, the competent jurisdiction is the International Chamber of Commerce, 38 cours Albert 1er, 75008 Paris and the applicable law is French law.

Partial invalidity
If one or more stipulations of these General Conditions of Sale are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will keep all their strength and reach.

No waiver
The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to in these General Conditions of Sale cannot be interpreted for the future as a waiver. to the obligation in question.

Limitation of liability / Force majeure
The Kimono company cannot be held responsible for the non-performance of the contract in the event of an out of stock or unavailability of the product due to a case of force majeure, disruption or total or partial strike, in particular postal services and means of transport. and / or communications.

The information given by the Customer, when placing an order, commits the latter: in the event of an error in the wording of the recipient's contact details, the seller cannot be held responsible for the impossibility in which it could be delivered. product. We cannot be held responsible for any data entry errors and the consequences thereof. In this context, the costs incurred for the reshipment of the order would be the responsibility of the Customer.
Kimono cannot be held responsible for any indirect damage that may arise from the purchase of the products.
Kimono cannot be held responsible for any loss of data or files. It is the Customer's responsibility to make all the necessary backups.
Kimono has, for all stages of access to the site, the ordering process, delivery or subsequent services, only an obligation of means. Kimono cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, an external intrusion or the presence of computer viruses, or any fact qualified as force majeure.
The photographs illustrating the products are not contractual. The Kimono company cannot be held responsible for any errors, in particular typographical errors or for “screen / reality” color differences.
No party will be responsible for the total or partial non-performance of its obligations under this contract, if this non-performance is caused by an event constituting force majeure.
Events fulfilling the criteria set by the case law of the 2nd civil chamber of the Court of Cassation will be considered as force majeure.
The party invoking an event constituting force majeure must notify the other party within five working days of the occurrence or threat of this event. The parties agree that they will have to consult each other as soon as possible in order to jointly determine the terms of execution of the order during the period of force majeure.
Archiving - Proof Kimono will archive the purchase orders and invoices on a reliable and durable medium
constituting a faithful copy in accordance with the provisions of article 1348 of the Civil Code.
The computerized registers of the company Kimono will be considered by the parties as proof of communications, orders, payments and transactions between the parties.