General conditions of sale

LPS GENERAL TERMS AND CONDITIONS OF SALE

1. PREAMBLE

These general conditions of sale are published by:

LPS , simplified joint stock company with capital of €100, registered in the Marseille trade and companies register under number 913 279 121 , whose head office is located at 23 Boulevard du Vaisseau, 13009 Marseille, France.

Contact : contact@kimarolls.com

The customer declares and acknowledges:

• Be of legal age and have full legal capacity to enter into a commitment under these general conditions;
• Act as a consumer;
• That as a consumer, he has specific rights which could be called into question in the event that the services offered on the site are used by the latter in connection with a professional activity.

The customer has the option of saving and printing these general terms and conditions of sale using the standard functions of their browser or computer.

2. DEFINITIONS

" Terms and Conditions » means these general conditions of sale.

" Customer » means the natural person, having full legal capacity, who places an Order on the Site as a consumer within the meaning of the law.

" Order » means the act by which the Customer acquires one or more Product(s) on the Site.

" Personal Data » means any data directly or indirectly identifying a natural person.

“ Product Sheet ” means the sheet presented on the Site containing the main characteristics of the Product. Each Product is the subject of a Product Sheet.

" Part » means in the singular individually SAS LPS or the Client, and in the plural jointly SAS LPS and the Client.

" Products » means the products offered for sale on the Site by SAS LPS.

" Site » means the website accessible at the url https://kimarolls.com

3. PURPOSE – SCOPE OF APPLICATION

The purpose of these General Terms and Conditions is to define the terms and conditions of sale of the Products offered by LPS on the Site.

The General Terms and Conditions govern in particular all the steps necessary for placing the Order and the rights and obligations of the Parties in the context of an Order.

The version of the T&Cs that is binding on the Customer is the one in effect on the day the Customer places an Order. LPS reserves the right to adapt or modify these T&Cs at any time. The new version of the T&Cs then applies to Orders concluded after they are posted online. Consequently, the Customer is invited to read the applicable version of the T&Cs prior to any Order.

The T&Cs are permanently accessible on the Site via the “General Terms and Conditions of Sale” section.

4. PRODUCTS

The Products covered by these General Terms and Conditions are those which appear on the Site, on the day the Customer consults the Site, and within the limit of available stocks. LPS reserves the right to withdraw one or more Products from sale at any time.

Each Product Sheet includes the main characteristics, photography, price, available sizes and colors of the Products as well as their availability or not. LPS undertakes to take the greatest care in presenting the essential characteristics of the Products.

Differences may exist between a Product and its photograph, depending in particular on the resolution and color definition of the Customer's screen.

The Customer is solely responsible for the choice of Products and their suitability for his needs.

5. PRICE

The prices of the Products are indicated on the Site, on each Product Sheet, in euros including all taxes. They take into account the Value Added Tax (VAT) on the day of the Order and any other applicable tax.

Prices do not include any applicable delivery charges, which are indicated to the Customer during the Order process when selecting the delivery method.

Prices are only valid for the duration during which they are accessible electronically on the Site.

The sale prices of the Products may be modified by LPS at any time, the Customer nevertheless remaining bound by the price indicated in his Order.

If a tax or contribution were created or its rate modified, either upwards or downwards, this change will be automatically reflected in the sale price of the Products present on the Site and, where applicable, on any other sales document.

At the Order summary stage, the Customer will be informed of the total amount of the Order in euros including tax, including delivery costs.

6. PRODUCT ORDERS

6.1 Order Steps

By placing an Order on the Site, the Customer undertakes to provide in advance the information requested from the Site forms, which serve as a reference for the execution of the Order. The Customer attests to the truthfulness and accuracy of the information thus transmitted.

In order to place an Order, the Customer must follow the following steps:

• filling the basket by selecting one or more Products on the Site;
• cart validation;
• choice of delivery address;
• selection of delivery method;
• selection of payment method and billing address;
• summary of the Order and the information provided by the Customer. During this step, the Customer can check the information provided during the previous steps, the details of the Products ordered and their price, the total price of the Order, and make any corrections;
• final acceptance and payment of the Order.

The Order can only be finalized if the selected delivery address is located in mainland France (excluding DROM-COM), Monaco or in the European Union.

The Order will only be finalized after acceptance of payment. Any rejection of payment prevents the finalization of the Order, LPS then being under no delivery obligation.

6.2 Order Confirmation

Once the Order has been validated, LPS will immediately send the Customer, to the email address provided by the latter, an email confirming their Order containing a summary of the Order and the total amount of the Order.

In the event that the Customer has not received a confirmation email, the Customer is invited to check their junk emails and then, if necessary, contact LPS by email: contact@kimarolls.com .

LPS cannot be held responsible in the event of an input error preventing the delivery of the confirmation email.

In the event of unavailability of an ordered Product, LPS will inform the Customer by email. The order for this Product will be subject to cancellation and LPS will reimburse the Customer for the price of the Product concerned, the remainder of the Order remaining firm and final.

7. TERMS OF PAYMENT FOR THE ORDER

In order to pay for an Order, only the following methods of payment are accepted:

• bank cards: Visa, Mastercard, American Express, Apple Pay;
• Paypal payment account: the Customer will then be redirected to their Paypal account

Payment for the Order is made online in one go at the time of Order validation and is a necessary prerequisite for the execution of the Order.

LPS provides the Customer with a secure online payment service, regardless of the payment method chosen, in order to guarantee the security of payments made on the Site and to combat fraud. This secure payment method allows in particular not to transmit the Customer's card number to LPS, this information being strictly confidential and encrypted by the secure payment service. For more complete information on payment security, the Customer can consult the Privacy Policy .

The invoice in paper format is provided in the package delivered to the Customer. The Customer may request the sending of a dematerialized invoice by email to the following address: contact@kimarolls.com .

8. DELIVERY

8.1 Terms, deadlines and delivery costs

The Customer is informed of the shipment of his Order, by email, to the address indicated during the Order process. This email indicates the delivery tracking methods.

The Products are delivered to the address chosen by the Customer. Delivery is only possible to mainland France (including Monaco and Corsica) and the European Union. The terms, times and delivery costs differ between a delivery to mainland France or to another State of the European Union.

• Delivery to mainland France (Corsica and Monaco):

For any Order to mainland France, the Customer can choose between:

• Home delivery by a carrier. The carrier may contact the Customer to determine the date and time of delivery or agree on a new date and time in the event of the Customer's absence at the agreed time slot;
• Collection from a relay point. To collect their Order, the Customer must go to the relay point within the time limits set and provide proof of identity.

Delivery method	Delivery times	Shipping costs
Delivery to relay point (Mondial Relay)	3 to 6 working days	Free
Delivery to Colissimo Relay Point	2 to 4 working days	Eight (8) Euros including tax, on the day these General Terms and Conditions are drawn up
Standard home delivery	2 to 4 working days	Eight (8) Euros including tax on the day these General Terms and Conditions are drawn up
Express home delivery	1 to 2 business days	Eight (8) Euros including tax, on the day these General Terms and Conditions are drawn up

Delivery costs are free for the Customer for any Order of an amount greater than or equal to €50 including tax.

The Customer is informed of the information presented above at the time of placing the Order.

For Corsica, delivery times are extended by an average of 1 to 2 days.

The delivery time indications come from the information communicated by the carriers and are provided to the Customer for information purposes only.

In the event of delivery to a relay point or a post office, the Customer will be informed of the time available to collect their package. LPS excludes any liability in the event that the Customer does not collect the package within the specified time. In this case, the package will be returned to LPS. In the event of a new delivery to the Customer, the latter will have to pay additional delivery costs.

• Delivery to the European Union

In the context of a delivery to a country of the European Union other than mainland France, LPS only delivers to your home.

Delivery method	Delivery times	Shipping costs
Standard home delivery	2 to 8 working days	Twelve (12) Euros including tax on the day these General Terms and Conditions are drawn up
Express home delivery	1 to 6 business days	Twelve (12) Euros including tax on the day these General Terms and Conditions are drawn up

Delivery costs are free for the Customer for any Order of an amount greater than or equal to €150 including tax.

The Customer is informed of the information presented above at the time of placing the Order.

The delivery time indications come from the information communicated by the carriers and are provided to the Customer for information purposes only.

8.2 Receipt of the Order – Transfer of risks

Any risk of loss or damage to the Products is transferred to the Customer at the time when the latter or a third party designated by the latter takes physical possession of the Products ordered.

Upon receipt of the Order, the Customer is required to check the conformity of the Products delivered with his Order, to check the condition of the package and the Products (poor condition, open package, missing or damaged Products, etc.) and to issue written reservations no later than three (3) days from receipt of the Products, to the carrier and/or LPS. :

• either with Customer Service in accordance with the provisions of Article 15 of the T&Cs;
• either by post (preferably by registered mail with acknowledgment of receipt) to the following address: LPS - 23 Boulevard du Vaisseau - 13009 Marseille - France.

9. RIGHT OF WITHDRAWAL

9.1 Time limits and scope of the right of withdrawal

In accordance with Article L221-18 of the Consumer Code, the Customer has a legal withdrawal period of fourteen (14) days from receipt of the Products by him or by any third party designated by him. If this period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.

The Customer may exercise his right of withdrawal without having to provide reasons or having to pay penalties.

In the event of exercising the right of withdrawal within the aforementioned period, only the price of the Product(s) concerned and the shipping costs will be reimbursed, with the return costs remaining the responsibility of the Customer.

9.2 Conditions for exercising the right of withdrawal

The Customer exercises his right of withdrawal with LPS :

• Either by mail using the standard withdrawal form in Appendix 1 General Terms and Conditions;
• Either by email expressing without any ambiguity the Customer's wish to withdraw and specifying any Product concerned by this withdrawal, the date of the order or the date of receipt of the Products, the Order number, the name of the Customer and the address of the Customer.

9.3 Product return procedures

Upon receipt of the Customer's withdrawal request, LPS sends him an acknowledgement of receipt containing a return number and specifying the terms of return of the Products, in particular the address to which they must be returned. The Customer is recommended to include the return number communicated by LPS on the package containing the Products in order to allow faster processing of his request.

The cost of returning the Products shall be borne by the Customer.

The Customer is required to return the Products without undue delay and, at the latest, within fourteen (14) days following the communication of his decision to withdraw.

The Customer must make arrangements to return the Products in their original packaging or in packaging that provides equivalent protection for the Products. The Customer must return the Products in a condition that allows them to be resold by LPS.

LPS may refuse any return of an incomplete or damaged Product and thus prevent the right of withdrawal.

9.4 Reimbursement

As soon as the Customer has regularly exercised his right of withdrawal, LPS will reimburse the price of the Products concerned as well as any delivery costs (return costs remaining the responsibility of the Customer), without undue delay and at the latest within fourteen (14) days following notification by the Customer of their request for withdrawal.

However, in the absence of receipt of the Products returned by the Customer, LPS may defer the reimbursement until receipt of the Products or until the Customer has provided proof of shipment of the Products, the date retained being that of the first of these facts. It is therefore up to the Customer to keep proof of postal shipment.

The refund will be made using the same means of payment as that used by the Customer when placing the Order, unless different terms have been expressly accepted by the latter. In any event, this refund will not incur any costs for the Customer.

The reimbursement is for the exclusive benefit of the Customer who placed the Order and may not under any circumstances be made for the benefit of a third party for whom the Product may have been intended.

10. WARRANTIES

10.1 Legal guarantees

LPS is liable for defects in conformity of the Products in accordance with Articles L.217-4 et seq. of the Consumer Code and for latent defects or hidden defects in the item sold, under the conditions set out in Articles 1641 et seq. of the Civil Code.

These texts are reproduced in Annex 2 of these General Terms and Conditions.

These guarantees are exercised:

• either with Customer Service in accordance with the provisions of Article 15 of the General Terms and Conditions,
• either by post (preferably by registered mail with acknowledgment of receipt) to the following address: LPS - 23 Boulevard du Vaisseau - 13009 Marseille - France.

The Customer may act under the legal guarantee of conformity within the meaning of the Consumer Code within a period of two (2) years from the delivery of the Product, without having to provide proof of the existence of the lack of conformity of the Product. This period is reduced to six (6) months in the case of a Product sold second-hand.

Subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code, the Customer may choose between:

• The repair of the Product; or
• Replacement of the Product with an identical product or one of equivalent quality.

If the repair or replacement of the Product is impossible or cannot be implemented within thirty (30) days following the Customer's claim, the Customer may:

• Return the Product to LPS and receive a full refund; or
• Keep the Product and receive a partial refund.

The Customer may also decide to implement the guarantee against hidden defects in the item sold within the meaning of Articles 1641 and 1643 of the Civil Code.

In this case, the Customer may choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code, provided that he exercises this guarantee within two (2) years from the discovery of the defect.

In any event, the legal guarantees apply independently of any commercial guarantee possibly granted by LPS. on the Product(s) ordered.

10.2 Commercial guarantees

The Products may possibly be subject to commercial guarantees beyond the aforementioned legal guarantees. In such a case, information concerning any commercial guarantees (in particular the content of the guarantee, the terms of its implementation, its price, its duration, etc.) are brought to the attention of the Customer on the Product Sheet on the Site.

10.3 Disclaimer of Warranty

LPS will not be held to the guarantees described in Articles 10.1 and 10.2 for any item that has not been ordered on the Site.

11. INTELLECTUAL PROPERTY

The intellectual property rights attached to the Products are the exclusive property of LPS. All exploitation rights are exclusively reserved for it.

The KIMA SUNSHINE ROLLS brand is a registered trademark. Any reproduction without the agreement of LPS constitutes an infringement.

These General Terms and Conditions cannot in any way confer any right over any distinctive sign held by LPS.

Under these conditions, no one is authorized to reproduce, exploit, distribute or use in any capacity whatsoever, even partially, the intellectual property rights, without the prior written consent of the LPS.

12. PERSONAL DATA

For the purposes of the relationship between the Parties, under these terms, LPS collects and processes the Client's Personal Data in accordance with Law No. 78-17 of January 6, 1978 and European Union Regulation No. 2016/679 of April 27, 2016.

In this respect, LPS is responsible for processing within the meaning of the aforementioned texts.

The Client can access information relating to the processing implemented and the rights available to him in the Privacy Policy , available at any time on the Site.

13. RESPONSIBILITY

LPS is responsible to the Customer acting as a consumer for the proper performance of the obligations resulting from these General Terms and Conditions.

LPS's liability may be limited or even excluded in the event that its failure is wholly or partly caused by an act or deed of the Client.

The Customer is in particular solely responsible for the accuracy and completeness of the data provided as part of the Order process. The Customer may not under any circumstances seek to hold LPS liable for any incident, in particular in the context of the delivery or invoicing of the Order, originating in whole or in part from information provided by the Customer.

Given the free nature of the use of the Site, the characteristics of the telecommunications networks and services to which it is subject, the Client may not under any circumstances seek the liability of LPS. for any interruption of access to the Site.

14. FORCE MAJEURE

SAS LPS cannot be held responsible for the non-performance, partial or defective performance of its obligations under these terms due to a case of force majeure (in particular, disruption or total or partial strike, in particular of postal services and means of transport or communications).

In accordance with the provisions of Article 1218 of the Civil Code, “ There is force majeure in contractual matters when an event beyond the control of the debtor, which could not reasonably have been foreseen at the time of conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents the debtor from performing his obligation. »

15. CUSTOMER SERVICE

For any information, complaint or question relating to the conditions of sale, Order tracking, exercise of the right of withdrawal, a legal or commercial guarantee or to the Products themselves, the Customer may contact Customer Service, stating their Order number where applicable:

or by telephone: +33 4 91 xx xx xx (cost of a local call) Monday to Friday from 11 a.m. to 6 p.m.

• either by email: contact@kimarolls.com

16. EVIDENCE

Computerized records stored in LPS computer systems are kept under reasonable security conditions and considered as proof of communications, Orders and payments between the Parties. They are authentic until proven otherwise.

The archiving of contractual documents, Orders and invoices is carried out on a reliable and durable medium which can be produced as proof.

17. MISCELLANEOUS PROVISIONS

17.1 If one or more provisions of the T&Cs are held to be invalid or declared as such pursuant to a treaty, law or regulation, or following a final court decision, the other provisions shall retain their full force and scope.

17.2 No act, delay in acting or any other attitude, passive or active, on the part of one of the Parties shall be deemed to constitute for that Party a waiver of any of the rights and actions for which it is a creditor under the T&Cs, unless such waiver is evidenced in writing signed by a duly authorized representative.

17.3 In the event of a contradiction between the title of a clause and the content of the same clause, the content of the said clause shall prevail.

17.4 The General Terms and Conditions may not, in any way, create a legal link outside of the purpose for which they are accepted.

18. APPLICABLE LAW

These T&Cs are governed and interpreted by French law.

However, and in accordance with Article 6 §2 of the Rome I Regulation, Internet users residing within the European Union may benefit from any more protective and mandatory provisions of their national law.

19. POSSIBLE DISPUTES

19.1 Prior complaint to LPS

In the event of a complaint or dispute relating to the execution of the General Terms and Conditions, the Customer is required to contact LPS in writing as a priority. to try to find an amicable solution to the dispute:

• Either via the contact form
• Either by registered letter with acknowledgment of receipt, to the following address: LPS - 23 Boulevard du Vaisseau, 13009 Marseille, France
• Either by email to the following address: contact@kimarolls.com

19.2 Mediation

In accordance with the provisions of the Consumer Code, the Customer may, after having first attempted to resolve the dispute directly with LPS, use an alternative dispute resolution method or a conventional mediation procedure.

Furthermore, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court resolution of online disputes between consumers and professionals in the European Union, accessible from the following link: https://webgate.ec.europa.eu/odr/ .

 

19.3 Competent jurisdiction

In the event of a dispute relating to the formation, validity, interpretation or execution of these General Terms and Conditions, in accordance with Article L.141-5 of the Consumer Code, the Customer may, at his choice, refer the matter to the courts with territorial jurisdiction pursuant to the Code of Civil Procedure, the courts of the place where he resided at the time of signing the General Terms and Conditions or at the time of the occurrence of the damaging event.

In the event of a dispute, jurisdiction is assigned to the French courts. In the event that the Customer resides in another territory of the European Union, the competent jurisdiction will be determined with regard to Regulation Brussels I bis No. 1215/2012 of December 12, 2012.

Before any referral to a court, the Client has the possibility, but not the obligation, to resort to mediation in the manner defined in Article 19.2 of the General Terms and Conditions.

ANNEX 1 – WITHDRAWAL FORM

For the attention of LPS - 23 Boulevard du Vaisseau - 13009 Marseille – France:

I hereby notify you of my wish to withdraw from the contract for the sale of the goods below [indicate the Product(s) for which you wish to withdraw]:

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

Ordered on / Received on: [delete as appropriate]

__________________________________________________________________________________

__________________________________________________________________________________

Order number:

__________________________________________________________________________________

Customer Name:

__________________________________________________________________________________

Customer Address:

__________________________________________________________________________________

__________________________________________________________________________________

Date :

__________________________________________________________________________________

[Signature]

ANNEX 2 – LEGAL GUARANTEES

LEGAL GUARANTEES RESULTING FROM THE CONSUMER CODE:

Article L.217-4 of the Consumer Code:

" The seller is required to deliver goods that conform to the contract and is liable for any lack of 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 this has been placed under his responsibility by the contract or has been carried out under his responsibility .

Article L.217-5 of the Consumer Code:

" To comply with the contract, the property must:

1°/ Be suitable for the use usually expected of a similar good and, where applicable:

• correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;
• present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;

 

2°/ Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted ”.

Article L.217-7 of the Consumer Code:

" Any lack of conformity which appears within twenty-four months from delivery of the goods shall be presumed to have existed at the time of delivery, unless proven otherwise.

For goods sold second-hand, this period is set at six months.

The seller may challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked. ".

Article L.217-9 of the Consumer Code:

“ In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods.

However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate compared to the other method, taking into account the value of the goods or the significance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer.

Any product repaired under the legal guarantee of conformity benefits from a six-month extension of said guarantee.

Where the consumer chooses repair but this is not implemented by the seller, the consumer may request replacement of the goods, which in this case is accompanied by a renewal of the legal guarantee of conformity. This provision applies either upon expiry of the one-month period [before the buyer's claim], or before this period when the non-repair results from a decision taken by the seller ."

Article L217-10 Consumer Code:

" If repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price refunded.

The same faculty is offered to him:

• If the solution requested, proposed or agreed pursuant to Article L217-9 cannot be implemented within one month following the buyer's complaint;
• Or if this solution cannot be achieved without major inconvenience for the latter given the nature of the property and the use he seeks. The sale cannot, however, be cancelled if the lack of conformity is minor.

Article L217-12 Consumer Code:

“ The action resulting from the lack of conformity is prescribed by two years from the delivery of the good .”

Article L217-13 Consumer Code:

"The provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature which is recognized by law. "

LEGAL GUARANTEES FROM THE CIVIL CODE:

Article 1641 of the Civil Code:

" The seller is liable for the warranty against hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them. ".

Article 1643 of the Civil Code:

" He is liable for hidden defects, even if he was not aware of them. […] »

Article 1644 of the Civil Code:

" In the case of Articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded, or of keeping the item and having part of the price refunded, as will be arbitrated by experts ."

Article 1648 of the Civil Code:

" The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. ".