GENERAL TERMS OF SALE
The section of the houseofmicha.com website (the ‘Site’) dedicated to e-commerce is published by KDME SAS, a simplified joint stock company with a share capital of 10,000 euros having its head office at 8, rue Etienne Marcel – 75002 Paris – France, and registered at the Paris Register of Companies (Registre du commerce et des sociétés - RCS) as No. 524 292 141 00016 ; telephone +331 42 55 43 94; European VAT No. FR95524292141 (hereafter designated as ‘KDME’)
Any online order is governed by the present General Terms of Sale. These Terms of Sale may be modified and updated from time to time. The Terms of Sale which apply to a customer order are those in force on the date of order.
The present General Terms of Sale are subject to French law, unless otherwise expressly stipulated by provisions in the Convention on the Law Applicable to Contractual Obligations, June 1980 (the ‘Rome Convention’).
1) The Customer:
An online customer shall be a consumer, a natural person having reached the age of majority and with legal capacity. The customer shall live in one of the following countries: Metropolitan France, French Overseas Departments and Territories, The United Kingdom, Ireland, Belgium, The Netherlands, Spain, Greece, Cyprus, Luxembourg, Finland, Sweden, Denmark, Austria, Italy, Portugal, Germany, Brazil, Switzerland, Norway, Lichtenstein, Latvia, Lithuania, The Czech Republic, Estonia, Slovakia, Slovenia, Hungary, Bulgaria, Monaco, Poland, Malta, The United Arab Emirates, The United States of America, Japan, Canada, Hong-Kong, Argentina, Russia, Australia, Mexico, India.
The customer shall, on making the first online purchase, open a charge account and complete an order form with certain obligatory fields so that the order may be processed by KDME.
The information communicated to KDME on opening the charge account and for each subsequent order shall be complete, exact and up-to-date. KDME may, if the need arises, ask the customer to confirm this information and his identity by any means specified.
KDME collects personal data from the Site. This data is needed to process orders and may be communicated, partially or in full, to KDME’s service providers involved in handling the order.
The customer is informed that this personal data is also collected by an organization responsible for analyzing orders and reducing the risks of online debit card fraud.
In accordance with the French data protection law No. 78-17 of 6 January 1978 amended, the customer is entitled to access, modify, rectify and remove personal data. Requests of this type should be addressed to: KDME@houseofmicha.com
The products for sale are those described on the Site. KDME takes great care in presenting and describing its products accurately according to best market practices and insofar as is technically possible.
Nevertheless, the customer accepts and agrees that the Site may contain minor errors. In the event of non-conformity of the delivered product compared to its description on the Site, KDME promises to rectify the error. The customer may either delete the order or invoke KDME’s guarantee of conformity.
If a product is unavailable, KDME will inform the customer by e-mail as soon as possible and refund any sum that may have been debited.
3) Ordering Products:
Procedure:
Online orders are placed via successive web pages which indicate a sequence of stages that must be followed by the client in order to submit an order.
Before checkout, the customer will be able to review its content and the total price and rectify any errors before completing and submitting the order.
Order checking:
In order to protect itself against side-selling, KDME reserves the right to refuse any order above the permitted amount of 10 products, and limited to a maximum of two identical products.
KDME also reserves the right to refuse any order placed by a customer with whom there is an unresolved dispute concerning a previous order or any order that does not comply with the present General Terms of Sale.
In such an event, KDME shall inform the customer by telephone or e-mail. Should the customer fail to settle such a dispute or breach the present General Terms of Sale, KDME reserves the right to refuse subsequent orders.
Order confirmation:
Once the customer has submitted the order, KDME shall immediately confirm receipt by e-mail to the address provided by the customer. The customer hereby formally accepts the use of e-mail for KDME’s confirmation of the content of the order.
This e-mail confirmation recapitulates all the information provided by the customer together with the agreed price and payment details and indicating, where necessary, any difficulty or reservations that may arise from the order. In addition, the customer shall receive on delivery, and for each item, written confirmation of the price paid and shipping costs borne by the customer
KDME also retains the details of any order equal to or above 800 euros for 10 years. These are available for consultation by the customer on request.
It is nevertheless recommended that the client should keep proof of online orders (for example, the confirmation e-mail sent by KDME) either in electronic form or as hard copy.
4) Prices and payment:
The prices displayed on the Site are in Euros and include all taxes, excluding shipping costs.
The prices invoiced to the customer are those in force on the date the order is placed.
For customers resident outside the European Union, the prices displayed on the Site are invoiced after deduction of VAT. These prices are to be understood DDU - Delivery Duty Unpaid, given that KDME is unable to communicate to its customers the rules and formalities regulating imports to the country of destination of the order or the precise sums payable to Customs as import duty.
Customers agree and accept that all expenses concerning importation into the country of destination of products ordered shall be borne by the customer.
For whatever purpose it may serve, information concerning supplementary expenses in the event of delivery outside the European Union will be made available to any customer who specifies an address outside the European Union.
Payment for the total price of all products ordered is by debit card. For all debit card payments the customer must be the holder of the card. Online payments are secure transactions via a bank which guarantees the security and registration of the payment.
Payment by cheque is not permitted.
In order to reduce the risk of internet fraud, transactions will be verified by empowered banking organizations and establishments, using the OGONE S.A. payment service. All information provided during payment is encrypted in SSL (Secure Socket Layer). mode. This data cannot be detected, nor intercepted nor used by third parties. Customers’ financial information is never stored on the KDME server. Ogone checks that the connection via the customer’s browser is secure before sending the payment form to the bank handling the financial transaction. As Ogone is a technical service provider, it does not deal with any disagreements concerning orders processed directly by KDME as stipulated above or, where applicable, by the customer’s bank.
Should any sum owed by the customer prove impossible to transfer for whatever reason (stop payment, refusal of issuing bank...), KDME will not register the order.
KDME reserves the right to cancel any order when the customer’s IP address is located in a country different from the dispatch address.
The goods are shipped by KDME to the shipping address provided by the customer which should be the home address of the customer or any other physical person of his choice in one of the following geographical territories: Metropolitan France, French Overseas Departments and Territories, The United Kingdom, Ireland, Belgium, The Netherlands, Spain, Greece, Cyprus, Luxembourg, Finland, Sweden, Denmark, Austria, Italy, Portugal, Germany, Brazil, Switzerland, Norway, Lichtenstein, Latvia, Lithuania, The Czech Republic, Estonia, Slovakia, Slovenia, Hungary, Bulgaria, Monaco, Poland, Malta, The United Arab Emirates, The United States of America, Japan, Canada, Hong-Kong, Argentina, Russia, Australia, Mexico, India.
Delivery cannot be made to hotels or P.O. Boxes.
The customer will be able to track any order thanks to the order tracking number communicated by e-mail on checkout.
If delivery is requested to territories not listed above, KDME will be able to ship the goods on condition that the customer bear any costs such as customs duties, taxes and any other official expenses, together with the fulfilment of Customs formalities required for imported goods to these territories.
A signature may be required on receipt of a package.
For the above-mentioned territories, delivery is made within a maximum of 30 business days as from notification of shipment by KDME to the purchaser.
In order for these deadlines to be met, the customer should make sure that all necessary information is communicated accurately (such as, notably, street number, building, stairs, entry codes, names and/or numbers of entry phones, etc.). Inaccurate information may lead to an extension of the delivery date or forwarding to another address.
It is agreed and accepted by the customer that Customs formalities and the time taken for payment of import duties may delay delivery.
Once the order has been confirmed, it is no longer possible for the customer to modify the shipping address.
Delivery costs will be added to the total cost of the order depending on the weight of the package (content plus packaging) and the country of destination. These costs are indicated to the customer before confirmation of payment.
The client has the right to cancel, for whatever reason, within a period of seven (7) clear days from receipt of the goods ordered.
To simplify the cooling-off period, KDME asks customers to give warning by any means possible and notably using the ‘My Account’ link then ‘Returns’.
The customer can also contact the customer service department by e-mail at commande@houseofmicha.com for any further information.
Goods must be returned in perfect condition and with no missing items (accessories, instructions for use, guarantee...) enclosing a copy of documents relating to the order to the following address: KDME – 8, rue Etienne Marcel – 75003 Paris (France).
Any goods that are incomplete, damaged, spoiled or dirty through the customer’s fault will not be refunded.
Return carriage costs and all associated risks are borne by the customer. It is therefore recommended that the customer take steps to retain proof of shipping i.e. by registered post or any other means that provides proof of the date of sending.
Refunds of the total invoice price (excluding initial shipping costs) for returned goods will be credited to the customer’s debit card not later than thirty days following the expiry of the cooling-off period. However, in the event of a partial cancellation of an order comprising several products, KDME will be unable to refund the entire shipping costs initially invoiced to the customer.
Conformity:
The customer should make sure that the product delivered corresponds to the original order. The customer may inform KDME of any duly justified lack of conformity and, after response from KDME, return the incriminated product in perfect condition and with no missing items (accessories, instructions for use, guarantee...) enclosing a copy of documents relating to the order to the following address: KDME – 8, rue Etienne Marcel – 75003 Paris (France).
The customer will also be able to contact the customer service department by e-mail: commande@houseofmicha.com for any supplementary information.
For non-conforming products delivered by KDME to shipping addresses outside the European Union, the customers undertakes to inform Customs – by any means available – that the goods concern the return of non-conforming products.
Should it prove impossible to exchange the product, the total invoice price (the price of non-conforming products and delivery charges) together with postage and packaging will be credited to the debit card within thirty (30) days at the latest following receipt by KDME of the returned goods.
Legal guarantees:
Notwithstanding the specific warranties made available to the customer with the delivered product, products sold by KDME via the Site are subject to the following legal guarantees:
Article L.211-4 of the Consumer Code: The seller shall deliver goods in conformity with the contract and is responsible for any lack of conformity on delivery. The seller is also liable for any lack of conformity resulting from packaging, instructions for assembly or installation when the contract stipulated the seller’s liability or when carried out under his responsibility.
Article L.211-5 of the Consumer Code: To comply with the contract, the goods shall:
1 be fit for the purpose usually expected from goods of a similar nature and, where applicable:
- match the description given by the seller and possess the qualities presented to the buyer as a sample or model;
- demonstrate the qualities that a buyer might reasonably expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2 or possess the characteristics defined by mutual agreement by the parties or be fit for any particular purpose for which the buyer made known to the seller and accepted.
Article L.211-12 of the Consumer Code: Any claim resulting from lack of conformity is prescribed as from two years after the date of delivery of the goods.
Article L.211-13 of the Consumer Code: The provisions of this section do not deprive the buyer of the right to file a claim resulting from latent defects such as covered by articles 1641 to 1649 of the Civil Code or any other action in contract or tort which is recognized by law.
Article 1641 of the French Civil Code: The seller is obliged to provide a guarantee in respect of hidden defects of the goods sold which render them unfit for purpose, or which affect their use such that the buyer would not have purchased them, or have offered a lower price if he had had prior knowledge.
Article 1648 paragraph 1 of the French Civil Code: Any claim resulting from latent defects shall be filed by the purchaser within two years after the discovery of the defect.
