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General terms and conditions

General terms and conditions for online sales
KATIA SANCHEZ
PREAMBLE
The KATIA SANCHEZ website (hereinafter the “Site”) is an e-commerce platform that provides an online order and delivery service for products and services (order processing, delivery, etc.) (hereinafter the Service”) offered to the Customer under the terms outlined below.
1- OBJECT
“These Terms and Conditions are agreed
between
KATIA SANCHEZ, the business name given to the company PRE 19, SAS registered at the Trade and Commercial Register of Paris under registration number 851 225 425 and with its head office at sis 9 Villa de Cronstadt 75019 Paris,
and
any non-commercial legal person of legal age located in one of the delivery areas shipped to (see article 6 below) who wishes to make a purchase through the Site without a minimum purchase value. (Hereinafter known as the “”Customer””).”
The purpose of these Terms and Conditions is to set out the contractual relationships between KATIA SANCHEZ and the Customer, as well as the general and special terms and conditions that shall apply to any purchase. Any order placed by the Customer under this agreement shall be made by himself or herself for his or her personal and non-commercial use.
The contract that arises as a result of a valid Customer order is subject to online sales regulations resulting from the legal and regulatory provisions applicable in France, as well as the provisions outlined below.
2- ACCEPTANCE OF CONDITIONS OF SALE
By placing an order through the Site, the Customer accepts the General Terms and conditions of the KATIA SANCHEZ site. He or she confirms that s/he has the authority to enter into a contract and affirms that s/he has understood and accepted without reservation the terms and conditions of sale applicable to his/her purchase at the time the order is made and which include, in order of priority:
– The General Terms and Conditions of Sale
These General Terms and Conditions of Sale shall prevail over any other general or special terms and conditions not expressly agreed by KATIA SANCHEZ.
– Special conditions of sale
The special conditions of sale are those shown on screen (price, terms and conditions, particularly those shown in the product description and order confirmation). These terms and conditions shall be made available at the time the order is placed.
KATIA SANCHEZ reserves the right to modify the terms and conditions of sale at any time without giving prior notice to the Customer.
The terms and conditions that are applicable and enforceable on the Customer are those that are in force at the time the Customer confirms his/her order through the Site.
The Customer will be invited to carefully read the general terms and conditions of sale prior to placing an order, and these can be viewed on the KATIA SANCHEZ website at any time.
3- PRODUCTS
– Product details
Each Product sold online is described in a Product details file that can be viewed by clicking on the Product name or photograph. In accordance with article L.111-1 of the Consumer Code, this file describes the basic features of the selected Product and aims to provide the Customer with as much detail as possible. KATIA SANCHEZ shall make every effort to ensure that the photographs selected loyally represent the Products, nevertheless some variations may occur, particularly in terms of colour rendition and/or rendition of the stitch of hand knitted products, which may vary slightly from one knit to the next. Thus, the photographs depicting products are purely indicative and do not form part of this contract.
– Availability
The Products shown on the Site are available for sale while stocks last. KATIA SANCHEZ does not guarantee the availability of all the Products shown. A situation may arise where one or more of the Products ordered through the Site are unavailable at the time the order is processed. In such an event, the total value of the order payable by the Customer shall be recalculated to reflect the missing Products and s/he shall only be charged for the items in stock.
In the event that none of the items ordered are available, the Customer may either keep his/her order open and receive delivery once the items become available on a predetermined date, or s/he can cancel his/her order and choose to be notified once the product/s is/are back in stock.
The Customer will be able to pre-order certain Products and shall be informed of the delivery date of said Products. In such an event, the process for placing an order is the same as that for placing an order for Products that are in stock. The Customer shall receive delivery on the pre-determined date.
In the event that delivery is delayed due to production issues, the Customer may either keep his/her order open or cancel the order and receive a refund when delivery is delayed for more than 15 days beyond the initial planned delivery date.
4- ORDERS
– Access to services
– Creation of a customer account
Access to the Service offered on the Site presupposes that the Customer has access to a computer and the Internet. The Customer shall remain fully responsible for any costs that may arise from his/her connection to or use of the Site.
The Customer agrees to use the Service provided by KATIA SANCHEZ as it stands.
Any Customer who wishes to use the Service shall expressly undertake not to provide false or third party information.
Users are able to create an account at no charge by clicking on the “My account” tab found at the bottom of the home page of the KATIA SANCHEZ website.
The Customer must provide an email to do this. The Customer will receive an automatically generated email notifying him/her that an account has been set up and providing an automatically generated password and a link to a secure page from which s/he may change said password and enter his/her invoice and delivery address (or addresses). In the event that the Customer does not receive such an email, s/he will be asked to verify the email address provided or check his/her email inbox.
Users may also create a user account by clicking on the “save my details for future use” once they have added items to their basket and validated an order.
To do this, s/he must:
– Register by completing the “my details” registration page by following the online instructions and entering information into the appropriate fields, and providing the mandatory information required to place his/her order, that is, marital status, first name, surname, valid email address, password, phone number (for delivery purposes), delivery address.
– Confirm his/her registration by clicking on the tab “save my details for future use”.
An automatically generated email is sent to the Customer to confirm that the account has been set up and containing an automatically generated password and a link to a secure page from which s/he may change said password and enter his/her invoice and delivery address (or addresses). In the event that the Customer does not receive such an email, s/he will be asked to verify the email address provided or check his/her email inbox.
Usernames and passwords are strictly confidential. KATIA SANCHEZ shall take all necessary measures to protect data and shall inform the Customer that s/he must keep his/her password secure and not share it with a third party.
When visiting the Site after registering, the Customer can access his/her account by entering the email address and password that was used during registration. If the Customer forgets his/her password, s/he can click on “Forgot your password?”. After entering his/her email address, the Customer will immediately receive an email with a link that can be used to reset his/her password.
Once registration is complete, the Customer is able to access all the features of his/her Customer Account and view his/her:
– Personal information
– Current orders: from the time an order is placed and until it is delivered, the Customer is able to view a list of items purchased and track the order. The order status may show either as ‘being processed’ or ‘dispatched’.
– Payments
– Order history
The Customer is hereby notified that KATIA SANCHEZ reserves the right to immediately suspend the validity of login details (email and password) and access to a Customer account, particularly in the event of a failure to comply with the General Terms and Conditions, any dispute with the Customer and/or any buying behaviour that leads to the suspicion that Products are being used for commercial resale.
Making purchases without a Customer account
The Customer may place an order without creating a personal account by not clicking on the option “save details for future use”. However, s/he must complete the “my details” form in order for an order to be processed.
Placing an order
To place an order, the Customer must follow the ordering process
Stage 1: The shopping basket
Once a Product is selected, the Customer must click on “add to basket” and is then able to make another purchase by clicking on “continue shopping”, or place the order by clicking on “go to checkout”.
Before validating an order, the Customer is asked to check the contents of the shopping basket and, where necessary, change the quantities, add or delete Products, and provide a delivery location, which will make it possible to provide the cost of delivery and the total order amount.
After checking the contents of the basket, the Customer may validate his/her purchases by clicking on “place my order”.
If the Customer already has an account then s/he must enter his/her login details; if s/he wishes to create an account then s/he must click on “save my details for future use”; or if s/he does not wish to create an account then s/he can go ahead and place the order.
A summary of all the order details will then be shown. All of the prices shown in the order summary include VAT. Should s/he wish to continue, the Customer must accept these Terms and Conditions by clicking on “I have read and understood the Terms and Conditions”, then click on “pay by bank card”.
From the time the Customer places an order by clicking on this tab, s/he is deemed to have understood and accepted the terms and conditions and the fact that placing an order means s/he must make a payment for the order, as well as the price, the size, the features, quantities and delivery schedules of the ordered Products.
Stage 2: Payment
Once s/he goes to the “payment” page, the Customer must select his/her payment method. The Customer must select his/her bank or credit card in order to be directed to a secure page and enter his/her bank details under the conditions stipulated.
Having checked the order, the Customer validates his/her payment by clicking on “pay now”.
Once payment has been confirmed, an authorisation request is made to the relevant payment centre. Orders can only be processed once the relevant payment centre has authorised payment. In the event that said payment centre refuses to authorise payment, the order will not be accepted and a Customer notification message will appear on screen.
The order is confirmed once these two stages have been completed.
Once the Customer has validated payment, a confirmation page will appear to notify the Customer that the order has been received.
The Customer will then receive an email showing:
The order number
An order summary (date, number of articles ordered with the total amount, cost of delivery, and delivery method, which is only valid subject to any modification or availability as set out under the terms of this contract
The Customer is responsible for keep either a paper or digital copy of the order confirmation.
As an exception to the foregoing and if the ordered product is registration on a KATIA SANCHEZ Workshop, once the payment process has been completed, the Customer will receive an email containing information about the Workshop to which s/he has registered and a confirmation of registration.
Equally, if the product ordered is a pattern, once the payment process has been completed, the Customer will receive an email containing a link to download the pattern.
In any event, KATIA SANCHEZ reserves the right not to accept an order for a legitimate cause, for example, relating to a foreseeable delivery problem or an anomaly with the order, or for buying behaviour that leads to a suspicion that Products are being used for commercial resale. In particular, orders may not be accepted when they are from a Customer with whom there is a pre-existing dispute relating to persistent delivery issues, or in the event of fraud or attempted fraud relating to use of the Site, including in relation to previous orders.
In the event that an order is not accepted, KATIA SANCHEZ shall inform the Customer by all available means.
Order tracking
Items shall be delivered to the Customer’s home address by COLISSIMO.
Any Customer who has set up an account may track the status of the order from his/her account, once s/he has received an order confirmation email from KATIA SANCHEZ. An order that is being processed shall be shown as “order being processed” and an order that has been “sent” shall be shown as “order complete”.
Order exclusions
For the purposes of stock management, KATIA SANCHEZ will limit to ten items the quantity of the same Product that a Customer may purchase.
5- PRICES AND METHODS OF PAYMENT
– Price
The price of a Product is the price shown on the Site on the date the order is placed.
Product prices are fully inclusive, shown in euros and include VAT at the rate applicable on the date the order is placed. Any change to the rate of VAT may impact Product prices and delivery charges. The delivery charges are added to the total order amount and shown in the order summary. The amount payable, which is the sum validated by the Customer as s/he goes through the payment process, is the end price – fully inclusive and including delivery charges – and this is the maximum charge that shall be debited from the Customer. However, this price may vary in the event that a Product or Products contained in the order is/are unavailable.
KATIA SANCHEZ reserves the right to change its prices without prior notice on the understanding that the price shown on the Site on the date an order is placed shall be the only price that applies to this Customer order.
– Payment – payment method
Payment can be made using a bank card or credit card. We accept payment by Visa and Mastercard.
The Customer assures KATIA SANCHEZ that s/he has the necessary authority to use the payment method selected for his/her order at the time the order is placed. Payment must be made at the time the order is placed.
All payment data is transmitted within a secure payment environment.
When making a payment using a debit or credit card, the card number, valid date and CVV number shown on the back of the card used by the Customer are transmitted within a secure environment on the Sherlock server via the LCL solution operated by the service provider used by KATIA SANCHEZ.
Communication by the Customer of his/her bank or credit card number is deemed to be an authorisation to debit his/her account for the total amount of the order.
6- DELIVERY
– Delivery area
Products can be delivered within France, Germany, Luxembourg, Spain, Belgium, UK, Monaco, Switzerland, Portugal and Denmark.
Products are delivered by COLISSIMO either to the Customer’s home or to another location selected by the Customer.
Deliveries are made to the address given at the time the order is placed and must be within the geographic area covered.
– Delivery times
Delivery times vary depending on the destination country. Deliveries are made to home addresses from Monday to Friday during normal delivery hours and within 10 working days of the Customer receiving his/her order confirmation from KATIA SANCHEZ, except in exceptional circumstances.
– Delivery charges
The Customer must pay the delivery charges and these vary according to the delivery location.
Deliveries within France shall be charged at 6 euros. Deliveries to Germany, Luxembourg, Spain, United Kingdom, Monaco, Switzerland, Portugal shall be charged at 9 euros.
The delivery charge amount is shown in the order summary.
– Receipt of goods
The delivery date corresponds to the date and time of remittance or first actual presentation of goods at the delivery address given by the Customer in his/her delivery slip.
Risks are transferred to the Customer at the time the Products are delivered to the address provided by the Customer.
An identity card or other form of proof of identity (including the payment used to place the order) may be required at the time of delivery.
KATIA SANCHEZ reserves the right to cancel an order in the event of refusal to provide proof of identity or if identity documents do not match the information provided at the time the order is placed.
Delivery can only be made to the Customer’s door and cannot, even on Customer request, be made to an external storage area or a building hallway.
If the Customer is not at home at the time of delivery by COLISSIMO, the delivery company will leave a delivery attempt notice at the Customer’s address. The Customer must then collect the parcel from either the post office or collection point s/he selected, within the time limit set by COLISSIMO.
In the event that the parcel is not collected, then it will be returned to KATIA SANCHEZ, and it will be up to the Customer to recover the parcel at his/her own expense from the customer service office selected by KATIA SANCHEZ.
– Damage
KATIA SANCHEZ undertakes to take the utmost precautions when sending items and shall check these individually.
However, the Customer is advised that, as the products are hand made, they may contain minor irregularities, in particular with respect to hand knitted products.
Nevertheless, the Customer is asked to check the visible condition of the parcel and Products. In the event of damage or loss linked to the transportation of merchandise, it is up the Customer to give notice of any observations or reservations within 24 hours of effective delivery.
Specifically, in the event that, after opening the parcel, the Customer finds that Products are either damaged or missing, the Customer must immediately, and within 24 hours of receipt, send an email to Customer Services at the following address: contact@katiasanchez.com
Customer Services may ask the Customer for his/her proof of identity or the identity of a third party s/he has designated to receive the parcel, and may undertake any checks that might be deemed helpful under the circumstances.
7- CANCELLATION RIGHTS
– Right of withdrawal
In accordance with the provisions of articles L.221-18 et seq. of the Consumer Rights Code, the Customer is entitled to a fourteen (14) day cooling off period from the time the parcel is received, or may cancel the parcel to exercise his/her legal right of withdrawal, and inform KATIA SANCHEZ of his/her intention to return said parcel or certain Products.
– How to exercise the right of withdrawal
The Customer may exercise his/her right of withdrawal in one of the following ways:
By contacting Customer Services within 14 days of receiving the order by sending a statement that formally and unambiguously expresses his/her wish to withdraw the order, by email to the following address: contact@katiasanchez.com. S/he must return the Product(s) through COLISSIMO.
Should the Customer fail to act within these time frames, KATIA SANCHEZ reserves the right not to reimburse the Customer.
The Product must be returned with the delivery note, in its original condition, in its full original packaging and in perfect condition for resale. Thus, any damaged products, in particular those that have had their labels removed, have buttons missing, are dirty, or part-missing items of clothing and/or clothing that emits a foul or unpleasant odour, cannot be returned. Under no circumstances may products have been worn. All returned items shall be thoroughly checked in order to ensure that returned Products comply with quality standards.
KATIA SANCHEZ will send an email to the Customer advising that it has received the withdrawal request.
– Refund
Once the returned parcel has been received and under condition that the product is intact, KATIA SANCHEZ will refund the value of the order, subject to compliance with the regulations set out in articles 7.1 and 7.2 of this agreement.
The refund shall be applied using the same method of payment that the Customer used for the original transaction. The refund shall be applied as soon as possible and within 14 days of KATIA SANCHEZ receiving the returned item from the Customer.
In the event that the fourteen (14) day period expires on a Saturday, Sunday or public holiday the deadline shall be postponed to the next working day.
7.4 In the particular case of KATIA SANCHEZ Workshops
Having registered for a KATIA SANCHEZ Workshop, should the Customer decide that s/he no longer wishes to attend and wishes to cancel his/her participation in the Workshop, s/he must send an email to KATIA SANCHEZ at contact@katiasanchez.com at least 7 working days prior to the date of the Workshop, beyond which time the Customer shall no longer be entitled to a refund.
In the event that there are not enough participants to attend a Workshop, KATIA SANCHEZ may cancel the Workshop and reimburse any Customers who have registered. Any cancellation shall be notified at least 48 hours prior to the date of the Workshop.
8- GUARANTEES AND CLAIMS
Statutory guarantee
KATIA SANCHEZ is liable for products’ lack of compliance with the contract. All products provided by KATIA SANCHEZ are covered by the statutory guarantee set out in articles 1641 et seq. of the Civil Code (latent defects guarantee) and articles L. 217-1 to L. 217-14 and L. 411-1 to L.411-2 of the Consumer Rights Code (conformity guarantee).
In the event that the Customer makes a claim relating to the conformity guarantee:
S/he must make a claim within 2 years of receiving the product
S/he may choose to have the item repaired or replaced, subject to certain cost conditions set out in article L.217-9 of the Consumer Rights Code
S/he is exempt from providing proof of product non-compliance during twenty four (24) months of item delivery.
The Customer may decide to make a claim under the latent defects guarantee for a sold item governed by the meaning set out in article 1641 of the Civil Code; in such an event, the Customer may choose to either cancel the order or accept a reduction on the sale price, in accordance with article 1644 of the Civil Code.
In the event of non-compliance/latent defect of a product, it may be returned to KATIA SANCHEZ for refund in accordance with the regulations in force.
Guarantee exclusions
Products that have been modified, integrated or added to by the Customer are excluded from the guarantee. The guarantee does not apply to visible defects. The guarantee does not cover returned products that have been damaged during transport or due to improper use.
Claims
In the first instance, any claim must be addressed by email through the “Contact” tab of the Site or by email to contact@katiasanchez.com.
Where applicable, a refund will be applied within 30 days of receipt of the product by KATIA SANCHEZ, via bank transfer to the debit or credit card used to make the original payment. These provisions are not exclusive of the right of withdrawal mentioned above.
LIABILITY
In the event of a force majeure event as defined in article 1218 of the Civil Code and as interpreted by French case law and French courts, KATIA SANCHEZ shall be released from the duty to honour a scheduled delivery.
The Client is bound by the information provided at the time of placing the order.
When accessing the Service provided by KATIA SANCHEZ, the Customer undertakes not to save or share files that contain a virus or any other contaminating or destructive features, to not use false or third party details, to not infringe third party rights and more generally to not use the Site in any way that might lead to civil or criminal charges under applicable laws.
The Customer indemnifies KATIA SANCHEZ against any legal action that may ensue as a result of this.
Under no circumstances shall KATIA SANCHEZ be liable:
In the event that the Customer has provided false or information or made an error when entering his/her contact details
In the event that the Customer fails to properly use login information or does not properly follow the procedure for placing an order
In the event of an obvious mistake that results in a derisory price being posted online.
During all stages of the online sales process, KATIA SANCHEZ is only required to uphold a best efforts obligation; the company shall not be held responsible for technical or material errors, or any direct or indirect damage such as, in particular, loss of data, hacking, viruses, loss of service, other unintended problems or force majeure events that result from use of either the Internet or the Site.
KATIA SANCHEZ does not accept any liability for:
Any disruption of the Site
Any bugs that might arise
Any damages that ensue from fraudulent access to the Site by a third party that results in a change to the information shown on the Site
And more generally, any direct or indirect damages, whatsoever their cause, origin, nature or consequence, that arise as a result of access by any person to the Site or loss of access to the Site, as well as the Site and/or credence granted to any information stemming directly or indirectly from the latter.
KATIA SANCHEZ does not accept any responsibility for losses that may occur to the Customer’s information technology equipment following access to the Site, or following use or downloading of any of its elements (data, texts, images, videos, audio files, etc.).
Further, KATIA SANCHEZ may interrupt access to the Site for the purposes of maintenance and shall make every effort to provide Customers with advance notice. The Site Customer acknowledges that s/he has checked that the computer equipment s/he uses does not contain any viruses and that is in good working order.
KATIA SANCHEZ shall not be liable for any delay, loss or poor delivery of an email, nor for it being sent or not sent to an incorrect email address.
The Site Customer acknowledges that KATIA SANCHEZ has met all its obligations to provide advice and information pertaining to the essential features and operation of the Site.
The Site may include links to other websites or information sources on the Internet .
To the extent that KATIA SANCHEZ is unable to control these sites and external sources, KATIA SANCHEZ cannot be held liable for the availability of these sites and external sources, and is in no way liable for their content, advertising, products, services or any other material available on or through these sites or external sources.
KATIA SANCHEZ cannot be held liable for any actual or alleged damages or losses that result from or are related to access to, use of or reliance on the accuracy of the Site’s contents or the goods and services available on these sites or external sources.
KATIA SANCHEZ cannot be held liable for any direct or indirect consequences to the cancellation of an order or a delivery delay that cannot be attributed to it, in particular in the event of disruption to postal or transport services and, more generally, for any event that is beyond its control.
Under all circumstances, KATIA SANCHEZ’ liability is limited to the refund of any sums paid for the acquisition of Products and associated delivery costs, without prejudice to its rights and remedies.
CONTRACT FORMATION – PROOF
Contract formation is generally agreed to occur at the time the Customer order is accepted by KATIA SANCHEZ.
All data and the order confirmation provided by the Customer through the KATIA SANCHEZ automatic registration systems are deemed to act as proof of the transaction (content of the order, date) and its acceptance, such that the order is definitively and immediately delivered to KATIA SANCHEZ
KATIA SANCHEZ reserves the right to cancel an order for any legitimate cause, in particular in the event of:
Any error or fraud occurring during the entering of mandatory data
Any payment failure resulting or not resulting from the non-authorisation of payment by the payment centre
More generally, any fraud or breach of the General Terms and Conditions of Sale.
The Customer undertakes not to disclose his/her username and/or password to anyone.
INTELLECTUAL PROPERTY
All elements (texts, logos, images, photographs, graphics, sound tracks, software, icons, layout, databases, registered or unregistered product designs, etc.) contained on the Site and on associated sites are protected by national and international intellectual property legislation.
These elements shall remain the exclusive property of KATIA SANCHEZ and/or its partners, the relevant intellectual property right holders.
Thus, in the absence of prior written consent from the company KATIA SANCHEZ and/or its partners, the Customer may not proceed with any full or partial reproduction, representation, adaptation, translation and/or transformation, nor transfer to any other website any element of the Site.
A failure to comply with this restriction may constitute an act of infringement leading to the civil and penal liability of the perpetrator. Finally, KATIA SANCHEZ reiterates that the creation of any hyperlink to the Site’s home page or any other page of the Site is subject to the express, prior and written consent of KATIA SANCHEZ
PERSONAL DATA
The Customer is responsible for reading and understanding the privacy policy shown on the KATIA SANCHEZ Site.
PARTIAL INVALIDITY OF THE CONTRACT
In the event that one or other of the clauses of these General Terms and Conditions is null and void for any reason whatsoever, the validity and compliance of these shall not be affected.
A failure by KATIA SANCHEZ to exercise any rights accorded to KATIA SANCHEZ under this contract does not amount to a waiver, on its part, of any of these rights.
APPLICABLE LAW AND JURISDICTION
These General Conditions for Online Sales are subject to French law. In the absence of an amicable resolution, any disputes relating to orders made through the Site shall be exclusively submitted to the French courts, notwithstanding the involvement of multiple defendants or third party proceedings.
These General Conditions for Online Sales are drawn up in French. In the event that they are translated into one or more other languages, only the French text shall prevail in the event of a dispute.