The present Terms of Sales apply, without restriction or reservation to all sales concluded by the site https://kesekitoys.fr/ with consumers and non-professional or professional buyers, wishing to acquire the products or services offered for sale on our site Internet.
These Terms of Sales apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
The Customer declares to have read these Terms of Sales and have accepted them by ticking the box provided for this purpose before the implementation of the online ordering procedure of the website.
Therefore, any service performed by the site https://kesekitoys.fr/therefore implies the purchaser's unreserved acceptance of these Terms of Sales.
To contact us, here are our contact details:
The products and services offered for sale on our website are as follows:
These Terms of Sales which may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the website on the date the order is placed.
Unless proven otherwise, the data recorded in the computer system of the site https://kesekitoys.fr/constitute proof of all transactions concluded with the Client.
In accordance with the Data Protection Act of January 6, 1978, the Customer has, at any time, a right of access, rectification, and opposition to all of his personal data by writing, by mail and by proving his identity to:
contactkesekitoys@gmail.com
The prices of the products or services sold are those in effect on the day the order is taken.
They are denominated in euros and calculated excluding taxes.
Consequently, they will be increased by the VAT rate (and transportation costs) applicable on the day of the order.
Website https://kesekitoys.fr/reserves the right to modify its prices at any time.
However, we undertake to invoice the products or services ordered at the prices indicated when the order is registered.
These rates are firm and non-revisable during their period of validity, as indicated on the website. https://kesekitoys.fr/
We reserve the right, outside this period of validity, to modify the prices at any time.
The rates offered include discounts and rebates that Keseki Toys, would be led to grant taking into account its results or the assumption by the purchaser of certain services.
The main characteristics of the products and services are presented on the website.
The Customer is required to read it before placing an order.
Les Statues en résines pouvant être proposés en vente sont soumises à une décharge de responsabilité durant le transport en cas de casses, perte ou vol en acceptant les Terms of Sales et sera notifier sur chaque fiche produit.
The choice and purchase of a product or service are the sole responsibility of the Customer.
The photographs and graphics presented on the website are not contractual and cannot engage the responsibility of the company. Keseki Toys.
The Customer is required to refer to the description of each product or service in order to know its properties and essential particularities.
It is up to the Customer to select on our website the products and services that he wishes to order, according to the following methods:
The contractual information is presented in French and is subject to confirmation at the latest when the order is validated by the Customer.
The validation of the order by the Customer implies acceptance without restriction or reservation of the present Terms of Sales.
The Customer acknowledges having the capacity required to contract and acquire the products or services offered on the website.
The products and services presented on the website are offered for sale for the following territories:
The sale will only be considered final after the confirmation of the acceptance of the order by the company has been sent to the Customer. Keseki Toys by e-mail, and after receipt by the latter of the full price and/or and after receipt by the latter of the entire deposit due.
For orders placed exclusively on the internet, the registration of an order on the site https://kesekitoys.fr/ is realized when the Customer accepts these Terms of Sales by ticking the box provided for this purpose and validates his order.
The Customer has the possibility to check the details of his order, its total price and to correct any errors before confirming his acceptance (article 1127-2 of the Civil Code).
This validation implies acceptance of all of these Terms of Sales and constitutes proof of the sales contract.
It is therefore up to the Customer to verify the accuracy of the order and to immediately report any errors.
Any order placed on the website constitutes the formation of a contract concluded at a distance between the Customer and the company Keseki Toys
The company Keseki Toys reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The Customer will be able to follow the progress of his order on the website https://kesekitoys.fr/.
Any changes to the order by the Customer cannot be taken into account by the company. Keseki Toys only within the limits of its possibilities and provided that they are notified by e-mail to the seller at least 2 days before the date scheduled for the delivery of the order.
In the event that these modifications cannot be accepted by the company Keseki Toys, the sums paid by the Customer will be returned to him within a maximum period of 7 days from the notification of the impossibility of accepting the modifications requested by the Customer (unless the latter prefers to benefit from a credit note) .
In the event of total or partial non-payment of the goods delivered on the day of receipt, the buyer must pay the company Keseki Toys a late payment penalty equal to three times the legal interest rate.
The rate of legal interest retained is that in force on the day of delivery of the goods.
This penalty is calculated on the amount including VAT of the amount remaining due, and runs from the due date of the price without any prior formal notice being necessary.
In addition to late payment compensation, any sum, including the deposit, not paid on its due date will automatically produce the payment of a lump sum compensation of 40 euros due for recovery costs.
Articles 441-6, I paragraph 12 and D. 441-5 of the Commercial Code.
If within fifteen days following the implementation of the "late payment" clause, the buyer has not paid the sums remaining due, the sale will be automatically canceled and may give rise to the right to the allocation of damages for the benefit of the company Keseki Toys
In case of cancellation of the order by the Customer after its acceptance by the company Keseki Toys less than 7 days at least before the date scheduled for the supply of the products and services ordered, for any reason whatsoever except the exercise of the right of withdrawal or force majeure, the deposit paid with the order, will be automatically acquired to the Seller and cannot give rise to any reimbursement.
In the event of cancellation of the order by the Customer after its acceptance by the company Keseki Toys less than 7 days at least before the date scheduled for the supply of the products and services ordered, for any reason whatsoever except the exercise of the right of withdrawal or force majeure, a sum corresponding to 50 % of the total amount of the purchase will be acquired from the seller and invoiced to the Customer, as damages, in compensation for the damage thus suffered.
On our site, the offers of products and services are valid as long as they are visible on the site.
The selling prices including VAT of the products and services do not understand :
These costs are invoiced in addition, under the conditions indicated on the website and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
Any specific orders from the Customer may be considered.
If necessary, they will be the subject of an estimate previously accepted by the latter.
Quotes issued by the company Keseki Toys are valid for 1 month, from their date of establishment.
The order on estimate is considered accepted only after the payment of a deposit to the company Keseki Toys of the amount of the order.
An invoice is established by the company Keseki Toys and delivered to the Customer upon receipt of payment.
The price is payable in cash, in full on the day the order is placed by the Customer, by means of secure payment, according to the following terms:
Payment data is exchanged in encrypted mode using the "SSL" protocol.
Payment is only debited upon performance of the service:
in the event of payment by bank card, the debit of the card is made only at the time of the execution of the order.
The society Keseki Toys will not be required to deliver the products and services ordered by the Customer if the latter does not pay the full price under the conditions indicated above.
Payments made by the Customer will only be considered final after effective collection of the sums due, by the company Keseki Toys
Furthermore, the company Keseki Toys reserves the right, in the event of non-compliance with the payment conditions listed above, to suspend or cancel the delivery of orders in progress made by the customer.
No additional costs, above the costs borne by the company Keseki Toys for the use of a means of payment cannot be charged to the customer.
The products and services ordered by the Customer will be available for:
France & all European countries
Within an execution time indicated on the product sheet to which is added the order processing time.
The society Keseki Toys undertakes to make its best efforts to deliver the products or services ordered by the Customer as soon as possible.
However, these deadlines are given for information only. If the products or services ordered have not been delivered within 30 days after the indicative delivery date, for any reason other than force majeure or the act of the Customer.
The sale may be canceled at the Customer's written request under the conditions provided for in Articles L 216-2 L 216-3 L241-4 of the Consumer Code.
The sums paid by the Customer will then be returned to him no later than fourteen days following the date of termination of the contract, excluding any compensation or deduction.
The Customer is required to verify the conformity of the products and services delivered.
It has a period of 7 days from delivery to formulate by email, any reservations or complaints for non-conformity or apparent defect of the products and services delivered with all the supporting documents relating thereto.
After this period and failing to comply with these formalities, the products or services will be deemed to be compliant and free from any apparent defect and no complaint can be validly accepted by the company. Keseki Toys
The society Keseki Toys will refund or replace as soon as possible and at its expense, the products or products and services delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in articles L 217-4 et seq. of the Consumer Code and those provided for herein Terms of Sales.
The transfer of ownership of the products and services of Keseki Toys, to the benefit of the Customer, will only be carried out after full payment of the price by the latter, and this regardless of the date of delivery of the said products and services.
Whatever the date of the transfer of ownership of the products and services, the transfer of the risks of loss and deterioration relating thereto will only be realized when the Customer takes physical possession of the products and services.
If the buyer is subject to receivership or judicial liquidation, the company Keseki Toys reserves the right to claim, within the framework of the collective procedure, the goods sold and remained unpaid.
In accordance with the legal provisions in force, the Customer has a period of fourteen days from receipt of the product or service to exercise his right of withdrawal from the seller, without having to justify reasons or pay a penalty, at the end exchange or refund.
The right of withdrawal can be exercised online, using the withdrawal form available on the website https://kesekitoys.fr/, in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the Customer by the company Keseki Toys or any other statement, unambiguous, expressing the will to retract.
In the event of exercise of the right of withdrawal within the aforementioned period, only the price of the product(s) and services purchased are reimbursed.
In accordance with the provisions of article L.121-21-8 of the Consumer Code, the right of withdrawal does not apply to:
1° For the provision of services fully performed before the end of the withdrawal period and the performance of which has begun after the consumer's express prior agreement and express waiver of his right of withdrawal;
2° Supply of goods or services whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period;
3° Supply of goods made to the consumer's specifications or clearly personalized;
4° Supply of goods likely to deteriorate or expire rapidly;
5° For the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
6° Supply of goods which, after having been delivered and by their nature, are inseparably mixed with other items;
7° Supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
8° Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;
9° Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
10° Supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;
11° Concluded during a public auction;
12° Provision of accommodation services, other than residential accommodation, goods transport services, car rental, catering or leisure activities which must be provided on a specific date or period;
13° Supply of digital content not supplied on a material medium, the execution of which has begun after the consumer's express prior agreement and express waiver of his right of withdrawal.
NOTE:
In accordance with article 34 of law n° 2014-344 of March 17, 2014, these provisions introduced by article 9 of the said law apply to contracts concluded after June 13, 2014.
Created by LAW n°2014-344 of March 17, 2014 – art. 9 (V)
Repealed by Ordinance No. 2016-301 of March 14, 2016 – art. 34 (V)
We are listening to you.
Each customer has a different need depending on the service purchased.
Therefore, each problem is treated separately taking into account the comments of the customers.
If necessary, the customer contacts the after-sales service to report a problem with a service or request information on its use.
Finally, we will do our best to provide you with quality information.
For any request please use the contacts below:
For any after-sales service request, please send us the information below:
Please describe precisely the nature of the defect observed.
The costs of a communication to reach us are as follows:
By telephone = the cost of a call per minute according to your telephone operator.
By email = the cost of a communication according to your internet plan.
By letter = price of a postage stamp according to the weight of your mail.
Services sold on the company's website Keseki Toys comply with the regulations in force in France.
Services provided by the company Keseki Toys benefit as of right and without additional payment, independently of the right of withdrawal, in accordance with the legal provisions:
Under the conditions and according to the methods referred to in the box below and defined in the appendix hereto Terms of Sales (Guarantee of Conformity / Guarantee of Hidden Defects).
It is reminded that within the framework of the legal guarantee of conformity, the Customer:
The legal guarantee of conformity applies independently of the commercial guarantee that may possibly cover the product or service.
The Customer may decide to implement the guarantee against hidden defects of the service in accordance with article 1641 of the Civil Code; in this case, he can choose between canceling the sale or reducing the sale price in accordance with article 1644 of the Civil Code.
In order to assert his rights, the Customer must inform the company Keseki Toys, in writing, of the non-conformity of the products and services within a maximum period of 7 days from the delivery of the products and services or the existence of hidden defects.
The society Keseki Toys will refund or replace products or services under warranty found to be non-compliant or defective.
Reimbursements for products or services deemed non-compliant or defective will be made as soon as possible and at the latest within 7 days following the observation by the company. Keseki Toys the lack of conformity or the hidden defect.
Reimbursement will be made by crediting the Customer's bank account or by bank transfer.
The responsibility of the Seller cannot be engaged in the following cases:
The Seller's warranty is, in any event, limited to the replacement or reimbursement of products and services that are non-compliant or affected by a defect.
In application of law 78-17 of January 6, 1978, it is recalled that the personal data which are requested from the Customer are necessary for the processing of his order and the establishment of invoices, in particular.
This data may be communicated to any partners of the Seller responsible for the execution, processing, management and payment of orders.
The Customer has, in accordance with the national and European regulations in force, a right of permanent access, modification, rectification and opposition with regard to information concerning him.
This right can be exercised under the conditions and according to the methods defined on the website. https://kesekitoys.fr/
The content of the website is the property of the company Keseki Toys and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting.
Furthermore, the company Keseki Toys remains the owner of all intellectual property rights in the photographs, presentations, studies, drawings, models, prototypes, etc., produced (even at the request of the Client) with a view to providing the Services to the Client.
The Customer is therefore prohibited from any reproduction or exploitation of said studies, drawings, models and prototypes, etc., without the express, written and prior authorization of the company. Keseki Toys who can make it conditional on financial consideration.
The parties have agreed, within the framework of the provisions of article 1195 of the Civil Code, that a change of circumstances, for example, financial or economic or material,…”surrounding the conclusion of a sale transaction of the products and services of the Seller subject to these Terms of Sales and resulting in, for example, an increase in the price of 5 euros will be fully assumed by the Customer even if these risks would make the performance of its obligations excessively onerous for the Customer, all other risks being assumed by the other party.
However, if the change in circumstances unforeseeable at the time of the conclusion of the contract was definitive or continued beyond 2 months, the present ones would be purely and simply resolved according to the methods defined in the article “resolution for unforeseeability”.
In the event of a breach by one or other of the parties of its obligations, the party victim of the default has the right to request the forced execution in kind of the obligations arising from these presents.
By way of derogation from the provisions of article 1221 of the Civil Code, the creditor of the obligation may pursue this forced execution after a simple formal notice, sent to the debtor of the obligation by registered letter with acknowledgment of receipt which has remained unsuccessful, whatever whatever the circumstances and even if there were a manifest disproportion between its cost for the debtor and its interest for the creditor.
It is recalled that in the event of a breach by either party of its obligations, the party victim of the default may, in accordance with the provisions of article 1222 of the Civil Code, 10 days after the sending of 'a formal notice to perform has remained unsuccessful, have the obligation performed by a third party, at the expense of the defaulting party, provided that the cost is reasonable and in accordance with market practices, without authorization legal action is necessary for this purpose, being that the Party victim of the default may also, at its option, request in court that the defaulting Party advance the sums necessary for this execution.
It is recalled that pursuant to article 1219 of the Civil Code, each party may refuse to perform its obligation, even when it is due, if the other party does not perform its own and if this non-performance is sufficiently serious, that is to say, likely to call into question the continuation of the contract or to fundamentally upset its economic balance.
The suspension of performance will take effect immediately, upon receipt by the defaulting party of the notification of default sent to it for this purpose by the party victim of the default indicating the intention to apply the exception of non-performance as long as that the defaulting party will not have remedied the breach noted, served by registered letter with acknowledgment of receipt or on any other durable written medium providing proof of dispatch.
This exception for non-performance may also be used as a preventive measure, in accordance with the provisions of article 1220 of the Civil Code, if it is clear that one of the parties will not perform the obligations incumbent on him when due and that the consequences of this non-performance are sufficiently serious for the party victim of the default.
This option is used at the risk and peril of the party taking the initiative.
The stay of performance will take effect immediately, upon receipt by the alleged defaulting party of the notification of the intention to apply the preventive non-performance exception until the alleged defaulting party performs the obligation for which a future breach is manifest, served by registered letter with acknowledgment of receipt or on any other durable written medium providing proof of dispatch.
If the impediment was permanent or continued beyond 30 days, these GCS would be purely and simply resolved according to the terms defined in the article Resolution for breach of a party's obligations.
The parties cannot be held liable if the non-execution or the delay in the execution of any of their obligations, as described herein, results from a case of force majeure, within the meaning of article 1218 of the Civil Code.
The party noting the event must immediately inform the other party of its impossibility to perform its service and justify it to the latter.
The suspension of the obligations can in no case be a cause of liability for non-execution of the obligation in question, nor induce the payment of damages or late payment penalties.
The performance of the obligation is suspended for the duration of the force majeure if it is temporary and does not exceed a period of 30 days.
Consequently, as soon as the cause of the suspension of their reciprocal obligations disappears, the parties will make every effort to resume the normal performance of their contractual obligations as quickly as possible.
To this end, the party prevented will notify the other of the resumption of its obligation by registered letter with acknowledgment of receipt or any extrajudicial act.
If the impediment is definitive or exceeds a period of 30 days, the present will be purely and simply resolved according to the methods defined in the article "Resolution for force majeure".
During this suspension, the parties agree that the costs generated by the situation will be borne by the party prevented.
Resolution for the impossibility of performing an obligation that has become excessively onerous may, notwithstanding the Resolution clause for breach of a party's obligations appearing below, only intervene 10 days after the sending of a notice. formal notice declaring the intention to apply this clause notified by registered letter with acknowledgment of receipt or any extrajudicial act.
The party victim of the default may, notwithstanding the Termination clause for breach of a party's obligations set out below, in the event of sufficiently serious non-performance of any of the obligations incumbent on the other party, notify by letter registered with request for acknowledgment of receipt to the defaulting Party, the faulty resolution of these presents, 10 days after the sending of a formal notice to execute remained unsuccessful, and this in application of the provisions of article 1224 of the Civil Code.
It is expressly agreed that the parties may terminate this contract as of right, without warning or formality.
Attention: The termination clause must specify the commitments whose non-performance will lead to the termination of the contract, which should be listed in the termination clause itself (article 1225 of the Civil Code).
It can only be implemented after a formal notice, expressly mentioning the resolutive clause, and remained unsuccessful, it being specified that the parties may agree in their contract, that the formal notice would result from the sole fact of non-performance ( article 1344 of the Civil Code).
In the event of non-compliance by either party with the following obligations:
”For example, non-payment when due for products and services ordered by the Customer”
Referred to in the articles of this contract, it may be resolved at the option of the injured party.
It is expressly understood that this resolution for failure of a party to fulfill its obligations will take place automatically, the formal notice resulting from the sole fact of the non-performance of the obligation, without summons or execution of formalities.
It is expressly agreed between the Parties that the debtor of an obligation to pay at the end of this agreement, will be validly put in default by the sole exigibility of the obligation, in accordance with the provisions of article 1344 of the Civil Code.
The services exchanged between the Parties since the conclusion of the contract and until its resolution can only find their usefulness by the complete execution of the latter, they will give rise to full restitution.
Please note: The contract concluded between a consumer and a professional may be subject to the law of a State that is not a member of the European Union, but this choice must not deprive the consumer of the protection granted by the mandatory rules of Community law transposed into national law when this contract has a close link with the territory of a Member State.
Ordinance of March 14, 2016 No. 2016-301 relating to the legislative part of the Consumer Code establishes an identical presumption of a close link between the contract and a Member State in the following cases, in particular (art. L231-1), this list being non-exhaustive:
the contract was concluded in the Member State of the consumer's usual place of residence; the trader directs his activity towards the territory of the Member State where the consumer resides, provided that the contract falls within the scope of this activity;
the contract was preceded in that Member State by a specially made offer or advertisement and acts performed by the consumer necessary for the conclusion of that contract; the contract was concluded in a Member State where the consumer traveled following a travel or holiday offer made, directly or indirectly, by the company Keseki Toys to induce him to conclude this contract.
The fact that a trader has turned his activity towards a Member State also makes it possible to determine the competent national court to hear an intra-Community dispute relating to a contract concluded by a consumer (Reg. 44/2001 of 22-12-2000 art. 15, § 1-c).
For the application of this text, it has been held that the mere use of a website by the trader is not sufficient to consider that he is directing his activity towards the Member State of the consumer who makes a purchase through of this site (CJUE 7-12-2010 cases 585/08 and 144/09: RJDA 2/11 n° 205).
Other clues are necessary, for example the writing of the site in a language other than that of the trader.
The present Terms of Sales and the resulting transactions are governed by and subject to French law.
The present Terms of Sales are written in French.
In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
All disputes to which the purchase and sale transactions concluded in application of these General Conditions of Sale could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their consequences and which could not have be resolved between the company Keseki Toys and the customer will be submitted to the competent courts under the conditions of common law.
The Customer is informed that he can in any case resort to conventional mediation, in particular with the Consumer Mediation Commission (C. consom. art. L 612-1) or with existing sectoral mediation bodies. , and whose references appear on the website “ » or any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
If necessary, the User can choose a mediator whose role will be to find an amicable solution concerning the said "dispute".
You will find your mediator here: https://www.mediateurfevad.fr/
Failing this, the disputes will be brought to the attention of the competent courts of common law.
Here below are the contact details of the court to be seized in the event of a dispute with the company Keseki Toys
[Insert here the name of the commercial court on which you depend]
The fact for a natural person (or legal entity), to order on the website implies full and complete acceptance of these conditions. Terms of Sales and obligation to pay for the products and services ordered, which is expressly acknowledged by the Customer, who waives, in particular, to avail himself of any contradictory document, which would be unenforceable against the Seller.
The society Keskei Toys is required to deliver a product or service in accordance with the contract and is liable for any lack of conformity existing at the time of delivery.
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, for a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the remaining warranty period.
This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.
The society Keseki Toys is bound by the warranty for 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 not have had one. given only a lesser price, if he had known them.
The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
This form must be completed and returned only if the Customer wishes to withdraw from the order placed securely, except for exclusions or limits to the exercise of the right of withdrawal according to the Terms of Sales applicable.
To the attention of = contactkesekitoys@gmail.com
For a quick processing of your request, please send us the following information:
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