General Conditions of Sale

These General Conditions of Sale (hereinafter referred to as the “General Conditions”) govern all purchases made by an individual (hereinafter referred to as the “Customer”) through the website www.ikparis.com (hereinafter referred to as the “Website”), operated by Institut Karité Paris SARL.

Institut Karité Paris SARL is a limited liability company registered with the Paris Trade and Companies Register under number RCS 712 000 884.

Registered Office: 31 Rue Boissy d'Anglas, 75008 Paris, France
Telephone: +33 (0)1 40 07 02 85
Email: contact@ikparis.com

For the purposes of these General Conditions, Institut Karité Paris SARL is referred to as the “Seller.”

IMPORTANT
By placing an order on the Website, the Customer fully and unconditionally agrees to these General Conditions of Sale.

ARTICLE 1. DEFINITIONS

For the purposes of these General Conditions, the terms below are defined as follows:

“Customer”: Refers to the individual entering into a purchase agreement with the Seller. The Customer is considered a consumer as defined under French law and jurisprudence, acting independently of any business or professional activity.

“Delivery”: Refers to the initial presentation of the Customer’s ordered Products at the delivery address specified during the ordering process.

“Products”: Refers to all goods available for purchase on the Website.

“Territory”: Refers to the geographical area of France, excluding overseas territories.

ARTICLE 2. PURPOSE

These General Conditions govern the sale of Products by the Seller to Customers through the Website.

The Customer is expressly informed that the Website is intended for individual consumers. Any inquiries or purchases for professional purposes must be directed to the Seller’s sales department and will be subject to separate contractual terms.

ARTICLE 3. ADHERENCE TO THE GENERAL CONDITIONS

The Customer agrees to carefully read and accept these General Conditions before proceeding with payment for any order placed on the Website.

These General Conditions are available at the bottom of every page of the Website and must be reviewed prior to placing an order. The Customer is encouraged to download, print, and retain a copy for personal reference.

It is recommended that the Customer reviews the General Conditions with each new order, as the most recent version applies to any purchases made.

By clicking the initial confirmation button to place an order and confirming it with the final checkout button, the Customer acknowledges that they have read, understood, and unconditionally accepted these General Conditions.

ARTICLE 4. PURCHASING PRODUCTS ON THE WEBSITE

To purchase products on the Website, the Customer must be at least 18 years old and possess full legal capacity. If the Customer is underage, they must have the consent of their legal guardian(s).

To complete a purchase, the Customer is required to register on the Website by filling out a form with accurate and up-to-date information. Fields marked with an asterisk (*) are mandatory for the Seller to process the order.

The Customer may track their order status directly on the Website. In certain cases, tracking information, including the carrier’s tracking number, will also be provided to monitor delivery progress. For additional assistance, the Customer can contact the Seller’s sales department at contact@ikparis.com.

The information provided by the Customer during the ordering process must be accurate, complete, and current. The Seller reserves the right to request additional confirmation or documentation to verify the Customer’s identity, eligibility, or provided details as deemed necessary.

ARTICLE 5. ORDERS

5.1 Products’ Characteristics

The Seller is committed to accurately presenting the essential characteristics of all products on the Website, including any mandatory information as required by applicable laws. The Customer is responsible for reviewing this information before placing an order. Unless otherwise stated, all products sold by the Seller are new and comply with current European and French regulations.

5.2 Order Registration

Orders for products must be placed exclusively through the Website. The Customer must follow the steps below to place an order. Please note that the steps may vary slightly based on the interface or device being used.

5.2.1 Product Selection and Basket

The Customer selects the desired products by clicking on them, specifying their chosen options (e.g., size, quantity), and adding them to their basket. The Customer may add as many products to their basket as they wish before proceeding to checkout.

5.2.2 Placing an Order

Once all desired products are in the basket, the Customer must:

• Click on the basket to review and confirm the selection.
• Log in or register on the Website if they have not already done so.
• Review the order summary, which will display the products, their quantities, prices (including applicable taxes), and shipping costs.
• Confirm their order details, including billing and delivery information, and proceed with payment.

The Customer must ensure that all information provided is accurate and complete. The Seller reserves the right to cancel orders with incomplete or incorrect information.

5.2.3 Confirmation of Order Receipt

Upon successful completion of the order process, an order receipt confirmation will appear on the Website. A copy of this confirmation will also be emailed to the Customer, provided a valid email address was supplied. No confirmation will be sent via mail or fax.

5.2.4 Billing

When placing an order, the Customer must provide all necessary billing details. Mandatory fields will be marked with an asterisk (*). The Customer must also provide accurate delivery information, including the address and any relevant access codes.

The purchase order created online and the order receipt confirmation email are not considered invoices. The original invoice will be included in the parcel upon delivery.

5.3 Order Date

The order date is considered the date on which the Seller confirms receipt of the order via the Website. Delivery lead times indicated on the Website begin from this date.

5.4 Prices

All product prices are displayed in euros, inclusive of applicable taxes, but excluding shipping costs. Shipping costs are calculated based on factors such as parcel weight, delivery address, and the selected carrier or delivery method.

Prices include Value-Added Tax (VAT) at the rate applicable on the order date. Changes to VAT rates or supplier pricing may impact product prices. Prices displayed on the Website may vary due to promotions or exclusive offers. Products are invoiced based on the prices in effect at the time of order placement. The Seller reserves the right to correct any pricing errors.

5.5 Product Availability

The Seller is committed to shipping products within the lead time specified on the Website. Product availability is typically indicated on the product’s page. Customers may also receive notifications regarding product restocks.

If a product becomes unavailable after an order has been placed, the Seller will notify the Customer promptly. If both parties agree, the Seller may provide an alternative product of equal quality and price. Alternatively, the Customer may cancel the order and receive a full refund within a maximum of thirty (30) days.

ARTICLE 6. RIGHT OF WITHDRAWAL

The Customer has the right to withdraw from their purchase in accordance with the terms set forth in the Withdrawal Policy, outlined in Appendix 1 of these General Conditions. The Withdrawal Policy is accessible via the hypertext link located at the bottom of the Website.

Customers are encouraged to carefully review the Withdrawal Policy to understand the conditions, deadlines, and procedures for exercising their right of withdrawal. This policy includes details regarding the return process, any applicable exclusions, and the timelines for refunds.

ARTICLE 7. PAYMENT

7.1 Methods of Payment

The Customer may choose from the payment methods available on the Website. By selecting a payment method, the Customer confirms they have the necessary authorization to use it.

The Seller ensures that all necessary measures are taken to guarantee the security and confidentiality of data transmitted during online payments. Payment information, such as banking details, is securely transmitted to the payment provider and is not stored or processed directly on the Website.

7.2 Date of Payment

For one-time payments via credit card or other payment methods, the Customer’s account will be charged at the time the order is confirmed on the Website.

In cases of partial delivery, the full payment amount will be debited from the Customer’s account when the first parcel is shipped. If the Customer cancels the order, refunds will be processed in accordance with the terms outlined in Article 5.5 of these General Conditions.

7.3 Delayed or Denied Payment

If a bank or payment provider refuses to authorize a transaction, the Customer must contact the Seller’s Customer Service team to provide an alternative payment method.

If payment cannot be processed for any reason, the order will be canceled, and the purchase agreement will be deemed terminated.

ARTICLE 8. EVIDENCE AND FILING

For all contracts concluded with a Customer for orders exceeding €120 (including VAT), the Seller will retain the relevant records for a period of ten (10) years, in compliance with Article L. 213-1 of the French Consumer Code.

The Seller ensures that these records are securely stored to facilitate transaction tracking. Upon the Customer’s request, the Seller will provide a copy of the contract.

In the event of a dispute, the Seller commits to demonstrating the reliability of its electronic monitoring systems and the integrity of all transactions conducted via the Website.

ARTICLE 9. TRANSFER OF OWNERSHIP

The ownership of the ordered Products remains with the Seller until the Customer has paid the full purchase price.

However, the risk of loss or damage to the Products transfers to the Customer upon receipt of the Products by the Customer or by any authorized third party, excluding the carrier.

ARTICLE 10. DELIVERY

The methods and terms of delivery for the Products are detailed in the Delivery Policy, provided in Appendix 2 of these General Conditions. This policy is accessible via the link located at the bottom of each page on the Website.

ARTICLE 11. PACKAGING OF THE PRODUCTS

Products are packaged in compliance with applicable transport regulations to ensure their maximum protection during delivery.

When returning a Product, the Customer must ensure that the Product is repackaged with the same level of care and protection, as outlined in Appendix 1 – Withdrawal Policy.

ARTICLE 12. GUARANTEES

In addition to any commercial guarantees offered by the Seller for specific Products, all Customers benefit from the legal guarantees provided under Article L. 111-1 of the French Consumer Code. These include the Guarantee of Conformity and the Guarantee Against Latent Defects, detailed below.

12.1. Guarantee of Conformity

As per Article L. 217-4 of the French Consumer Code:

• The Seller must deliver goods that conform to the sales contract and is liable for any non-conformity existing at the time of delivery.
• This includes non-conformities resulting from packaging, assembly instructions, or installation, where applicable.

Under Article L. 217-5, a Product is considered to conform to the contract if:

1. It is suitable for the usual purpose of goods of the same type and, where applicable:
   
   • Matches the description provided by the Seller and possesses the qualities presented in samples or models.
   • Meets the expectations reasonably raised by public declarations, advertisements, or labeling by the Seller, producer, or their representative.
2. It corresponds to the specific features mutually agreed upon by the Customer and Seller, or it is suitable for the special use communicated by the Customer and accepted by the Seller.

Duration and Claims

• The Customer has two years from the delivery date to initiate a claim for lack of conformity (Article L. 217-12).
• The Customer may choose between repair or replacement of the Product, unless the chosen option imposes disproportionate costs on the Seller. In such cases, the Seller may issue a refund.
• If repair or replacement is not possible, the Seller will refund the Product’s price within 30 days of receiving the returned Product at:

INSTITUT KARITE PARIS – SARYA PARIS SARL, 10 rue Christophe Colomb, 94370 Sucy-en-Brie, France.

Exemption from Proof

The Customer is not required to prove the lack of conformity within 24 months of delivery for new goods. For second-hand goods, this period is reduced to 6 months (Article L. 217-7).

The Guarantee of Conformity applies independently of any commercial guarantees provided by the Seller.

12.2. Guarantee Against Latent Defects

Under Article 1641 of the French Civil Code:

The Seller is liable for latent defects that render the Product unfit for its intended purpose or significantly diminish its utility to the extent that the Customer would not have purchased it, or would have paid less, had they known of the defect.

Remedies

If a latent defect is identified, the Customer may:

1. Request a full refund if the Product is returned.
2. Request a partial refund if the Product is retained.

If repair or replacement is not feasible, the Seller will issue a refund within 30 days of receiving the returned Product at the same address as above.

Claim Period

Claims under this guarantee must be made within two years of discovering the defect (Article 1648 of the French Civil Code).

ARTICLE 13. LIABILITY

The Seller’s liability is limited as follows:

Customer Responsibility

The Seller shall not be held liable for any failure to perform or for the defective performance of its contractual obligations when such failure is attributable to the Customer, including errors made during the order placement process.

Force Majeure

The Seller shall not be deemed liable for delays or non-performance resulting from force majeure events, as defined by French jurisprudence. These events include, but are not limited to, natural disasters, strikes, government actions, or disruptions beyond the Seller’s reasonable control.

Third-Party Websites

The Seller does not control or manage the content of external websites linked directly or indirectly to the Website. Consequently, the Seller assumes no liability for the accuracy, relevance, or reliability of information found on these third-party websites.

Links for Informational Purposes Only

Links to third-party websites are provided solely for the Customer’s convenience and informational purposes. The Seller provides no warranties or guarantees regarding the content or functionality of these external sites.

ARTICLE 14. FORCE MAJEURE

The Seller shall not be held liable for any failure or defective performance of its obligations under the contract if such failure results from a case of force majeure.

Definition of Force Majeure

Force majeure refers to an event beyond the control of the obligated party that:

• Could not reasonably have been foreseen at the time of the contract’s conclusion; and
• Whose effects could not have been avoided through appropriate measures, preventing the party from fulfilling its obligations.

Temporary vs. Permanent Impediments

• If the impediment is temporary, the execution of the contract will be suspended for the duration of the event, unless the delay caused justifies termination of the contract.
• If the impediment is permanent, the contract will be terminated automatically, and both parties will be released from their obligations, in accordance with Articles 1351 and 1351-1 of the French Civil Code.

Examples of Force Majeure

The Seller shall not be liable in cases of, but not limited to:

• Cyberattacks or hacking attempts
• Shortages or unavailability of materials, supplies, or spare parts
• Interruptions of electronic communications networks
• Any other event beyond the Seller’s control occurring after the conclusion of the contract that prevents its proper execution

Customer Rights

In such circumstances, the Customer shall not claim damages or initiate legal proceedings against the Seller.

Seller’s Obligation

The Seller will inform the Customer of the force majeure event as soon as reasonably possible.

ARTICLE 15. PERSONAL DATA

Data Collection

The Seller collects personal data from the Customer via the Website, including through the use of cookies. Customers may disable cookies by following the instructions provided by their browser.

Purpose of Data Collection

The data collected is used for the following purposes:

• Processing orders placed on the Website
• Managing the Customer’s account
• Analyzing orders
• Sending commercial materials, promotional offers, and information about special sales (with the Customer’s prior consent)

Confidentiality and Data Sharing

The Seller ensures the confidentiality of all personal data in accordance with contractual obligations and legal requirements.

Personal data may be shared with the Seller’s service providers to facilitate order execution. For commercial purposes, the Seller may disclose the Customer’s name and contact details to business partners, but only with the Customer’s explicit authorization during registration.

The Seller may request additional permissions to send advertising emails from its commercial partners. Customers can revoke their consent at any time by contacting the Seller.

Customer Rights

In compliance with French law n°78-17 of January 6th, 1978 (pertaining to information technology, databases, and civil liberties) and the General Data Protection Regulation (GDPR), Customers have the following rights regarding their personal data:

1. Access
2. Rectification
3. Update
4. Portability
5. Erasure
6. Objection to processing

Customers may exercise their rights without cost or the need for justification by:

• Sending an email to contact@ikparis.com
• Writing to: INSTITUT KARITÉ PARIS, 31 Rue Boissy d'Anglas, 75008 Paris, France

To process requests, Customers must provide proof of identity, such as a copy of their identification document sent via email or post.

Unsubscribing from Communications

Customers can unsubscribe from marketing communications at any time by:

• Logging into their account and adjusting preferences
• Clicking the unsubscribe link provided in emails

ARTICLE 16. CLAIMS

Customer Service

The Seller provides a dedicated Customer Service line, reachable at 01 40070285 (toll-free number).

For written claims, the Customer may contact:

INSTITUT KARITÉ PARIS

31 Rue Boissy d'Anglas, 75008 Paris, France

Newsletter and Promotions

The Seller publishes a regular Newsletter to inform Customers of new services, offers, and updates available on the Website.

• Customers may subscribe to the Newsletter during account creation or later by managing preferences in the “My Account” section.
• Customers may unsubscribe at any time by clicking the “unsubscribe” link provided at the bottom of each newsletter.

The Customer may also choose to receive promotional offers from the Website’s partners. These preferences can be set during account creation or updated in the “My Account” section.

Use of Facebook Plugins

The Seller utilizes the Facebook Digital Platform for complementary services.

• When visiting a page on the Website that contains a Facebook plug-in, the Customer’s browser establishes a direct connection with Facebook’s servers.
• Facebook is informed that the Customer’s browser has accessed the Website, even if the Customer does not have a Facebook account or is not logged in.

Data Sharing with Facebook

If the Customer is logged into Facebook while browsing the Website, Facebook may link the activity to the Customer’s Facebook account. Actions such as clicking the “Like” button or leaving comments will be forwarded and stored on Facebook servers and reflected on the Customer’s Facebook account.

Opting Out

If the Customer does not wish Facebook to associate their Website activity with their Facebook account, they must log out of Facebook before accessing the Website.

ARTICLE 17. INTELLECTUAL PROPERTY

All visual, audio, and technological elements on the Website are protected under applicable copyright, trademark, and patent laws. These elements are the exclusive property of the Seller.

Prohibited Actions

1. Unauthorized Use

• • Any reproduction, representation, or distribution of the Website’s content, in whole or in part, by any means, is strictly prohibited without the Seller’s prior explicit consent.
  • Unauthorized use constitutes counterfeiting and is punishable under Articles L.335-2 et seq. and Articles L.713-1 et seq. of the French Intellectual Property Code.

1. Hyperlinks
   • The creation of direct hyperlinks to the Website requires the Seller’s written authorization. Such permission, if granted, is not permanent and may be revoked at the Seller’s discretion.
   • Hyperlinks using framing or in-line linking techniques are strictly forbidden.

Customer Acknowledgment

By agreeing to these General Conditions of Sale, the Customer acknowledges and respects the Seller’s intellectual property rights.

ARTICLE 18. VALIDITY OF THE GENERAL CONDITIONS OF SALE

If any provision of these General Conditions is deemed invalid or unenforceable due to changes in applicable legislation, regulations, or a decision by a competent court, the remaining provisions shall remain valid and enforceable.

In such cases, the invalid provision will be interpreted in a manner consistent with applicable law to reflect, as closely as possible, the original intent of the parties.

Supplementary Provisions

Provisions not expressly addressed in these General Conditions shall be governed by the practices and norms of the retail sector, in compliance with applicable laws and regulations.

ARTICLE 19. AMENDMENT TO THE GENERAL TERMS

These General Terms govern all online transactions conducted through the Website for as long as the Website remains operational.

Updates and Applicability

• The Seller reserves the right to amend or update these General Terms at any time.
• The version of the General Terms in effect at the time the Customer places an order shall govern the transaction.

Non-Retroactivity

Any changes to the General Terms will not apply retroactively to Products that have already been purchased under a previous version of the terms.

ARTICLE 20. COMPETENT JURISDICTIONS AND APPLICABLE LAW

These General Conditions and any contractual relationship between the Seller and the Customer are governed by French law. In case of disputes, jurisdiction is explicitly assigned to the French courts.

Resolution Procedure

1. Initial Complaint
   Before initiating any legal or arbitration proceedings, the Customer must contact the Seller’s Complaints Department to attempt a resolution.
2. Mediation
   If no agreement is reached or the Customer provides evidence of having attempted resolution through a written complaint, disputes may be resolved through a voluntary mediation process.
   
   Mediation is conducted in good faith with the goal of reaching a mutually acceptable resolution.
3. Initiating Mediation
   

   To begin the mediation process, the Customer may contact the Seller’s mediator:

   Médiateur du Commerce Coopératif et Associé FCA
   77 rue de Lourmel, 75015 Paris
   Phone: 01 44 37 02 00
   Email: servicemediation[@]mccamediation.fr
   Website: http://www.mccamediation.fr/votre-reclamation

4. Non-Binding Nature of Mediation
   The initiating party must notify the other party by registered letter with acknowledgment of receipt, providing details of the dispute.
   
   Mediation is voluntary and non-binding. Either the Customer or the Seller may withdraw from the process at any time.
5. Legal Recourse
   If mediation fails or is not pursued, the dispute will be referred to the competent jurisdiction as outlined above.

APPENDIX 1 – WITHDRAWAL POLICY

Right of Withdrawal

The Customer is entitled to withdraw from the purchase by returning the Product to the Seller. The Product must be returned without undue delay and no later than fourteen (14) days following the Customer’s withdrawal notification, unless the Seller offers to collect the Product directly.

Withdrawal Period

As per Article L.122-18 of the French Consumer Code:

• The withdrawal period is 14 days from the date the Customer (or an authorized third party other than the carrier) takes physical possession of the Product.
• For orders with multiple deliveries or batches, the withdrawal period ends 14 days after receipt of the final delivery.

How to Notify Withdrawal

The Customer must notify their intent to withdraw via:

• Mail: Institut Karité Paris, 31 Rue Boissy d'Anglas, 75008 Paris, France
• Email: contact@ikparis.com

Alternatively, the Customer may use the form below:

WITHDRAWAL FORM

To: Institut Karité Paris SARL

Telephone: +33 (0)1 40 07 02 85
Email: contact@ikparis.com

I hereby give notice that I withdraw from my contract of sale for the following goods:

• Product Reference:

• Invoice N°:

• Order N°:

• Order Date: [______]

• Received Date: [______]

• Payment Method: [______]

Customer Details:

• Name: [______]

• Address: [______]

• Delivery Address (if different): [______]

Signature:

Date: [______]

The notice period is considered observed if sent before the withdrawal period expires.

Effects of Withdrawal

• The Seller will refund the full purchase amount, including shipping costs (except for additional charges due to a non-standard shipping method chosen by the Customer).
• Refunds will be processed within 14 days of receiving the returned Product or proof of return.

Refunds will use the original payment method unless otherwise agreed upon, and no additional fees will apply.

Return Instructions

• The Customer must return the Product within 14 days of notifying withdrawal to:
  Institut Karité Paris – SARYA PARIS SARL
  10 rue Christophe Colomb, 94370 Sucy en Brie, France
• The Product must include all accessories and original packaging, following Seller’s instructions.
• The Customer is responsible for any diminished value resulting from handling beyond what is necessary to inspect the Product.

Exclusions from Withdrawal

Withdrawal rights do not apply to:

1. Goods with prices tied to market fluctuations.
2. Perishable or time-sensitive items.
3. Sealed goods unsealed after delivery for health or hygiene reasons.
4. Digital content accessed with prior consent.
5. Contracts concluded at public auctions.

APPENDIX 2 – DELIVERY POLICY

Delivery Area

Products will be delivered to the address(es) provided by the Customer during the order process.

Shipping Time

• Preparation times for orders and invoicing are detailed on the Website. These times exclude weekends and public holidays.
• An automated email will be sent to the Customer when the Products are shipped, provided the supplied email address is correct.

Delivery Times and Costs

• At the time of order, the Seller will specify:
  • Estimated delivery times.
  • Available shipping methods.
• Shipping costs are calculated based on the delivery method, weight of the parcel, and destination. These costs are additional to the Product price.

Unless otherwise stated, or mutually agreed upon, the Seller will deliver the Products without undue delay, and in any case, no later than 30 days after the contract is concluded. (Article L.216-1 of the French Consumer Code).

Methods of Delivery

• Parcels will be delivered to the Customer in person against signature and valid proof of identity.
• If the Customer is unavailable at the time of delivery, a notification will be left, allowing the Customer to retrieve the parcel from the nearest post office or designated collection point.

Issues During Delivery

• Estimated delivery times are shared with the Customer during checkout before confirming the order.
• Should the Seller fail to deliver within 30 days, the Customer must issue a written notice requesting a reasonable extension for delivery.
• If delivery still fails after this extension, the Customer may cancel the order.

Upon order cancellation:

• The Seller will fully reimburse the Customer, including taxes and delivery fees, without undue delay using the original payment method.

The Seller is responsible for the Products until they are received by the Customer or an authorized third party.

Damages or Partial Loss

• The Customer must inspect the delivery upon receipt.
• Any damages or partial loss must be reported to the Seller within 3 days of delivery.