General Conditions of Sale

Article 1 – Definitions

These General Terms and Conditions of Sale (hereinafter the “GTC”) are offered by the company VIBEL , under number 1000813926 and whose head office is located at 35 Rolling Mills Road. Toronto Ontario, M5A 0V6, Canada . (hereinafter “ VIBEL ”).

We will subsequently designate:

“Site”: the site “ https://kakuny.com ” and all of its pages, exclusive property of the Company.

“Products” or “Services”: all products (materials) and services (benefits) that can be purchased or subscribed to on the Site.

“Seller”: VIBEL , legal or natural person, offering its Products or Services on the Site.

“Customer”: the Internet user, individual or professional, making a purchase of Product(s) or Service(s) on the Site.

“Consumer”, in accordance with the definition of the preliminary article of the Consumer Code: “any natural person who acts for purposes which do not fall within the scope of his commercial, industrial, craft or liberal activity

The Internet user visiting the Site and interested in the Products and Services offered by the Seller is invited to read these General Terms and Conditions carefully, to print them and/or to

save on a durable medium, before placing an order on the Site.

The Customer acknowledges having read the General Terms and Conditions and accepts them in full.

Article 2 – Application of the T&Cs and purpose of the Site

The Seller reserves the right to modify the T&Cs at any time by publishing a new version of the latter on the Site.

The General Terms and Conditions applicable to the Customer are those in force on the day of the order on the Site.

Legal information concerning the host and publisher of the Site, the collection and processing of personal data and the conditions of use of the Site are provided in the general conditions of use, the legal notices and the data charter of this Site.

This Site offers the online sale of cosmetic waxing products and accessories.

The Site is freely accessible and free of charge to all Customers. The acquisition of a Product or Service implies acceptance by the Customer of all of these General Terms and Conditions, who thereby acknowledges having fully read them. This acceptance may consist, for example, for the Customer, of checking the box corresponding to the sentence accepting these General Terms and Conditions, for example, stating "I acknowledge having read and accepted all of the general terms and conditions of the Site". Checking this box will be deemed to have the same value as a handwritten signature from the Customer.

Acceptance of these General Terms and Conditions assumes that Customers have the legal capacity necessary for this. If the Customer is a minor or does not have this legal capacity, he declares that he has the authorization of a guardian, curator or his legal representative.

The Customer acknowledges the evidentiary value of the Seller's automatic recording systems and, unless he provides proof to the contrary, he waives the right to contest them in the event of a dispute.

Any Order for Products implies the Customer's unconditional acceptance and full adherence to these General Conditions of Sale, which prevail over any other document: catalogues, advertisements, notices, unless expressly agreed otherwise in advance by the Company.

Article 3 – Customer Service

The customer service of this Site can be reached by email at the following address: “info@kakuny.com” by form or by post to the address indicated in the legal notices. The Customer must indicate in the email his first name, last name, the subject of his request and the number of his Order.

For any professional request (partnership, media, contract proposal), the Company can only be contacted by email at info@kakuny.com .

Article 4 – Method of placing orders and description of the purchasing process

The Products and Services offered are those listed in the catalog published on the Site. Each product is accompanied by a description drawn up by the Seller based on the descriptions provided by the supplier.

The photos on the Site are non-contractual and may vary significantly from the models photographed. These variations are due to the settings of the different screens and cameras, the lighting of the products, the angle of the shot, etc.

The term "Basket" is defined below as the intangible object grouping together all the Products or Services selected by the Customer of the Site with a view to a purchase by having clicked on these elements. In order to proceed with his order, the Customer chooses the Product(s) he wishes to order by adding them to his "Basket", the contents of which can be modified at any time.

The Customer places the Order via the Site: the Customer records and validates the Order on the Site.
To place an Order on the Site, the Customer freely selects one or more Products from the Site's catalog by clicking on the "add to Cart" button. On the "Cart" page, the Customer has the possibility to check the details of his Order and correct any errors before confirming it.
On the “Information” page, the Customer must enter his contact information. He can opt to track his Order by email by checking the required box.
On the “Delivery” page, the Customer must choose the shipping method offered to them.
On the “Confirmation” page, the Customer must enter their bank details and billing address. The Customer also has the option to enter a promotional code if they have one.
A complete summary of the Order appears. The Customer has the possibility to modify all the elements of the Order before finalization. The Customer is responsible for any errors relating to the Order, the Products and contact information.
The sale is validly formed when the Customer has confirmed the Order by clicking on the "Finalize my order" button, has accepted the General Conditions of Sale, and has made payment according to the terms he has chosen, subject to the exercise of the right of withdrawal.

The date of validation of the Order corresponds to the date of receipt of cash payment of the total price including tax duly noted.

Article 5 – Prices and payment terms

Unless otherwise stated, the prices listed in the catalog are prices in US Dollars including all taxes (TTC), taking into account the VAT applicable on the day of the order and excluding any participation in processing and shipping costs.

VIBEL reserves the right to pass on any change in the VAT rate to the price of the Products or Services. The Seller also reserves the right to modify its prices at any time. However, the price appearing in the catalog on the day of the order will be the only one applicable to the Customer.

The Customer may place an order on this Site and may pay by Bank Card, Credit Card, Apple Pay or Paypal. Payments by bank card are made using secure transactions provided by an online payment platform provider.

This Site does not have access to any data relating to the Customer's means of payment. Payment is made directly to the bank or payment service provider receiving the Customer's payment. In the event of payment by bank transfer, the delivery times defined in the "Deliveries" article of these General Terms and Conditions only begin to run from the date of actual receipt of payment by the Seller, the latter being able to provide proof of this by any means. The availability of the Products is indicated on the Site, in the description sheet of each Product.

VIBEL will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy. The computerized records will be considered by the parties as proof of communications, orders, payments and transactions between the parties.

Article 6 – Deliveries

The delivery costs will be indicated to the Customer before any payment. The Site has no geographical delivery limitations, orders can be shipped anywhere in the world. The delivery times indicated when ordering are for information purposes only and remain dependent on possible delays by postal services or other special cases preventing delivery (events, bad weather, etc.).

In the event of delivery of a Product outside the territory of the European Union and in the French Overseas Territories, the Customer declares himself the importer of the Product and accepts that in such a case the Seller may be materially unable to provide him with exact information on the total amount of costs relating to customs duties and formalities or import taxes applicable in the country where delivery of the Product is requested.

Unless otherwise stated on the Site during the ordering process or in the description of the Products ordered, the Seller undertakes in all cases to deliver the Products within a maximum period of thirty (30) days after the conclusion of the contract with a Consumer Customer.

In the event of a hand delivery, the customer may refuse a package at the time of delivery if he notices an anomaly concerning the delivery (damage, Product missing compared to the delivery note, damaged package, broken Products, etc.); any anomaly must then be indicated by the Customer on the delivery note, in the form of handwritten reservations, accompanied by the Customer's signature. To exercise his right of refusal, the Customer must open the damaged or defective package(s) in the presence of the carrier and have the damaged goods collected by the carrier. In the event of a delivery to a mailbox, the customer agrees to immediately check the package and contact Kakuny support if he notices any anomaly. Failure to comply with these requirements will result in the Customer not being able to exercise his right of refusal, and the Seller will not be required to comply with the Customer's request to exercise his right of refusal.

If the Customer's package is returned to the Seller by the Post Office or other postal service providers, the Seller will contact the Customer upon receipt of the returned package to ask what to do with their order. If the Customer has mistakenly refused the package, they may request that it be resent by paying the postage costs for the new shipment in advance. Postage costs must be paid even for orders for which postage was free when the order was placed.

In the event of a delivery or exchange error (if the right of withdrawal is applicable, i.e. if the Customer is a Consumer and the contract entered into to acquire the Product or Service allows for withdrawal), any product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from clumsiness or incorrect handling by the Customer cannot be attributed to the Seller.

Any delay in delivery compared to the date or time indicated to the Consumer Customer when ordering or, in the absence of an indication of a date or time when ordering, more than thirty (30) days from the conclusion of the contract may result in the termination of the sale at the initiative of the Consumer Customer, upon written request by registered letter with acknowledgement of receipt, if after having ordered the Seller to make the delivery he has not done so. The Consumer Customer will then be reimbursed, at the latest within fourteen (14) days following the date on which the contract was terminated, for all sums paid. This clause is not intended to apply if the delay in delivery is due to a case of force majeure.

Special case of a package whose tracking number indicates that it is "delivered" but not received in the mailbox: if the Customer notes and informs the Seller that the package is not in his mailbox despite its tracking number indicating that it is "delivered", customer service may ask him for additional information as well as an official document from La Poste responding to his complaint regarding the corresponding tracking number. The Seller will then do everything possible to guarantee the Customer's satisfaction by offering, in particular, the immediate return of the products at his own expense.

Article 7 – Right of withdrawal and withdrawal form

The Consumer Customer has fourteen (14) working days from the date of receipt of the product of his order to withdraw. He will be required to return any product that does not suit him and request an exchange or refund without penalties, with the exception of return costs, within fourteen days from receipt by Kakuny of the refund request.

The Product must be returned in perfect condition, in a blister pack and unused. The Consumer Customer can find below a standard withdrawal form for an order placed on the Site, to be sent to Kakuny . It is understood that the Customer will bear the costs of returning the Product in the event of withdrawal.

The Customer is advised to make the return using a solution that allows the parcel to be tracked. Otherwise, if the returned parcel does not reach the Seller, it will not be possible to launch an investigation with the postal services to ask them to locate the parcel.

The refund will be made using the same means of payment as that chosen by the Customer for the initial transaction, unless the Customer expressly agrees for the Seller to use another method of payment, and to the extent that the refund does not incur any costs for the Customer.

The Seller also reserves the right to defer reimbursement until receipt of the Product or as long as the Customer has not demonstrated that he has shipped the Product, if such demonstration has not previously taken place.

In the event of depreciation of the Products resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product(s), the Customer may be held liable.

In accordance with article L121-17 of the Consumer Code, (“Hamon law”) of June 2014, the Consumer Customer can find below a standard withdrawal form for an order placed on the site:

Withdrawal form

(Please complete and return this form only if you wish to withdraw from the contract.)

For the attention of:

VIBEL - 35 Rolling Mills Road. Toronto Ontario, M5A 0V6, Canada

I / we (*) hereby notify you of my / our (*) withdrawal from the contract for the sale of the property below:

Order number:

Name / First name:

Phone number:

E-mail address :

Postal address:

Reason for complaint:

Exchange* (mention the desired product)
Reimbursement* (attach a complete RIB with IBAN and BIC mentioned)

Signature of the Client(s) (only if this form is notified on paper):

Date :

(*) Delete as appropriate.

Article 8 – Product Warranty

Legal provisions to be reproduced

The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.

The consumer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of the Civil Code, unless the seller has stipulated that he will not be obliged to any guarantee; in the event of implementation of this guarantee, the buyer has the choice between the resolution of the sale or a reduction in the sale price in accordance with the Civil Code. He has a period of two years from the discovery of the defect.

The postponement, suspension or interruption of the limitation period cannot have the effect of extending the limitation period beyond twenty years from the day the right arises in accordance with the Civil Code.

All items purchased on this site benefit from the following legal guarantees, provided for by the Civil Code;

Legal guarantee of conformity

The Seller is required to deliver goods that comply with the contract concluded with the Consumer Customer and to be liable for any lack of conformity that exists during the delivery of the Product. The guarantee of conformity may be exercised if a defect should exist on the day the Product is taken possession of.

On the other hand, it will be up to the Customer to prove that the defect existed at the time of taking possession of the Product.

“In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, taking into account the value of the goods or the significance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer.”

Legal guarantee against hidden defects

In the event of non-conformity of a delivered Product, it may be returned to the Seller who will proceed with its exchange. In the event that it is impossible to exchange the Product (obsolete Product, out of stock, etc.) the Customer will be reimbursed by check or transfer for the amount of his order. The costs of the exchange or refund procedure (in particular the shipping costs for returning the Product) are then the responsibility of the Seller.

Article 9 – Liability

The Seller VIBEL shall not be held liable for the non-performance of the contract concluded due to the occurrence of a force majeure event. Concerning the Products purchased, the Seller shall not incur any liability for any indirect damages resulting from these presents, loss of business, loss of profit, damages or costs, which may arise.

The choice and purchase of a Product or Service are placed under the sole responsibility of the Customer. The total or partial impossibility of using the Products, in particular due to incompatibility of the equipment, cannot give rise to any compensation, reimbursement or questioning of the Seller's liability, except in the case of a proven hidden defect, non-conformity, defectiveness or exercise of the right of withdrawal if applicable, that is to say if the Customer is not a Consumer Customer and the contract entered into to acquire the Product or Service allows for withdrawal, according to article L 121-21 of the Consumer Code.

The Customer expressly acknowledges using the Site at his own risk and under his exclusive responsibility. In any event, VIBEL may not be held responsible under any circumstances:

for any direct or indirect damage, in particular with regard to loss of profits, loss of earnings, loss of customers, loss of data which may result, among other things, from the use of the Site, or on the contrary from the impossibility of its use;
a malfunction, unavailability of access, misuse, incorrect configuration of the Client's computer, or the use of a browser that is rarely used by the Client;
the content of advertisements and other links or external sources accessible by Customers from the Site.

The Seller cannot therefore be held liable if the characteristics of the Products differ from the visuals present on the Site or if the latter are incorrect or incomplete.

Article 10 – Force majeure

In accordance with Article 1218 of the Civil Code, events beyond the control of the parties, which they could not reasonably have foreseen, and which they could not reasonably have avoided or overcome, are considered to be cases of force majeure or unforeseeable circumstances, to the extent that their occurrence makes the performance of obligations totally impossible.

The occurrence of a case of force majeure will automatically suspend the execution of the Order.

Beyond a period of ninety (90) calendar days, if the parties note the persistence of the force majeure event, the Order may be cancelled by one of the parties, and the sales contract terminated. To this end, the most diligent party must send the other a registered letter with acknowledgment of receipt terminating said sales contract.

The effective date of the termination will be the date of first presentation of the mail. In this case, neither party will be entitled to claim damages, unless otherwise agreed by both parties.

Article 11 – Intellectual property rights

All elements of this Site belong to the Seller or to a third party agent, or are used by the Seller with the authorization of their owners.

All texts, comments, works, illustrations and images, whether visual or audio, reproduced on the Site are protected under copyright, trademark law, image rights and patent law. No one is authorized to reproduce, exploit, rebroadcast or use in any capacity whatsoever, even partially, elements of the Site. Any simple or hypertext link is strictly prohibited without the express written consent of the Company. In all cases, any link, even tacitly authorized, must be removed upon simple request from the Company.

Only use of the Site for private use, subject to different or even more restrictive provisions of the Intellectual Property Code, is authorized.

Any total or partial reproduction of the Company's catalog is strictly prohibited. Any other use constitutes counterfeiting and is punishable under Intellectual Property law unless prior authorization is obtained.

Any reproduction, representation, adaptation of logos, textual, pictographic or video content, without this list being limiting, is strictly prohibited and constitutes counterfeiting.

Any Customer found guilty of counterfeiting may have their account deleted without notice or compensation and without this deletion constituting any damage to them, without reservation of possible subsequent legal proceedings against them, at the initiative of the Seller or its agent.

The brands and logos contained in the Site may be registered by VIBEL , or possibly by one of its partners. Any person carrying out their representations, reproductions, imbrications, diffusions and redistributions is liable to the sanctions provided for in the Intellectual Property Code.

Article 12 – Processing of personal data

The Company collects the Client’s data:
a) for the purposes of processing and monitoring the Customer’s Order on its Site; (and/or)
b) for the purpose of being able to contact you about various events relating to the Company, including in particular the updating of the Products and the management of customer relations; (and/or)
c) for the purpose of collecting information enabling us to improve the Site and our Products (in particular through cookies).

The data collected is processed by the Site's contractual service providers who are responsible for the packaging and distribution of the Products ordered as well as by the hosting provider, Shopify Inc., whose servers are secure and protected by a firewall.

The data collected is kept by the Company only for the time corresponding to the purposes of the collection above and which may not in any event exceed five (5) years.

In accordance with Law No. 2018-493 of June 20, 2018 relating to the protection of personal data and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 known as the General Data Protection Regulation (GDPR), the Client has the right to access, modify, rectify, delete or oppose for legitimate reasons, their data.

The Customer may exercise his rights by e-mail to info@kakuny.com.

Article 13 – Comments and other user proposals

If Customer sends any ideas, proposals, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "comments"), whether requested by Company or otherwise, Customer grants Company the right, at any time, and without restriction, to edit, copy, publish, distribute, translate and otherwise use in any media any comments that Customer sends.

The Company is and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation to anyone for any comments provided; or (3) to respond to any comments.

The Company may monitor, edit or remove content that it deems, in its sole discretion, to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene or criminally objectionable, or that violates any intellectual property or these General Conditions of Sale.

The Customer agrees to write comments that do not violate the rights of third parties, including copyright, trademark, privacy, personality, or other personal or proprietary rights. The Customer agrees not to write in his comments any illegal, defamatory, offensive or obscene content, and that they will not contain computer viruses or other malware that could affect the operation of the Site or other associated websites. The Customer agrees not to use a false e-mail address, pretend to be someone else, or try to mislead the Company and/or third parties as to the origin of his comments.

The Client is entirely responsible for his/her published comments and their accuracy. The Company assumes no responsibility and declines any commitment with regard to the comments published by the Client or third party.

Article 14 – Independence of clauses

If any provision of the T&Cs is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from the T&Cs and will not affect the validity and enforceability of any remaining provisions.

These General Terms and Conditions supersede all prior or contemporaneous agreements, written or oral. The General Terms and Conditions are not assignable, transferable or sublicensable by the Customer himself.

A printed version of the T&Cs and of all notices given in electronic form may be requested in judicial or administrative proceedings relating to the T&Cs. The parties agree that all correspondence relating to these T&Cs must be written in the French language.

Article 15 – Applicable law and mediation

The General Terms and Conditions of Sale are subject to the law of Estonia.

The Site reserves the right to initiate criminal proceedings against any attempted fraudulent purchase or purchase with a prohibited or blocked, stolen or falsified bank card. In this context, no attempt at amicable conciliation will be accepted.

The fact that a clause of these General Conditions of Sale becomes null and unenforceable cannot call into question the validity of the other stipulations and does not exempt the Customer from the execution of its contractual obligations.

Compensation

You agree to defend, indemnify and hold the Company, its affiliates, officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, attorneys, suppliers and employees, harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of your use of the Website or our products and services, your violation of the Terms or your breach of your acknowledgements, agreements, representations, warranties and obligations herein.

Any national or cross-border disputes that may arise concerning the validity, interpretation, performance or non-performance, interruption or termination of this contract may be submitted to mediation at the request of the Client.

In particular, the dispute cannot be examined by the Mediator if:

- the Customer does not prove that he has previously attempted to resolve his dispute directly with the Company by means of a written complaint,

- the request is manifestly unfounded or abusive,

- the dispute has previously been examined or is currently being examined by another mediator or by a court,

- the consumer submitted his request to the mediator more than one year after his written complaint to the Company,

- the dispute does not fall within its scope of jurisdiction.

Mediation is free of charge for the Client. If the Client uses, at any stage of the mediation, a lawyer, a third party of his choice or an expert to defend him, he will bear the costs alone.

The Mediator may not receive any instructions from the parties nor be remunerated based on the result.

Participation in mediation does not exclude the possibility of recourse to a court. The parties remain free to submit their dispute to a judge within the framework of the applicable legal provisions. In the event of a dispute before a judge, jurisdiction is assigned to the competent court.

The Site reserves the right to initiate criminal proceedings against any attempted fraudulent purchase or purchase with a prohibited or blocked bank card, stolen or falsified check. In this context, no attempt at amicable conciliation will be accepted.

The fact that a clause of these General Conditions of Sale becomes null and unenforceable cannot call into question the validity of the other stipulations and will not exempt the Customer from the execution of its contractual obligations.

Parts warranty:

The warranty is limited to 30 days following the date of purchase under normal conditions of use and excluding a breakdown caused by an external factor. Under these conditions, the seller undertakes to replace the defective part.

Article 16: SMS Policy

SMS Policy:

By consenting to VIBEL SMS marketing at checkout and initiating a purchase or subscribing through our subscription tools, you agree to receive recurring SMS notifications (for your order, including abandoned payment reminders), SMS marketing offers, and transactional SMS messages, including review requests from us, even if your mobile number is registered on a state or federal Do Not Call list. Message frequency varies. Consent is not a condition of purchase.

If you wish to opt out of receiving SMS marketing messages and notifications, please reply STOP to any mobile message sent by us or use the unsubscribe link we have provided to you in one of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all fees and charges associated with text messaging imposed by your wireless service provider. Message and data rates may apply.

For any questions, please text HELP to the number you received the messages from. You can also contact us at https://kakuny.com/pages/contact or by email at info@kakuny.com for more information.

We have the right to change any telephone number or short code that we use to operate the Service at any time. You will be notified of such changes. You agree that any messages you send to a telephone number or short code that we have changed, including requests to STOP or HELP, will not be received, and we will not be required to honor any requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be responsible for the failed, delayed or misdirected delivery of any information sent through the Service, any errors in such information and/or any actions you may or may not take in reliance on the information or the Service.

Your right to privacy is important to us. You can consult our privacy policy: https://kakuny.com/pages/privacy-policy to determine how we collect and use your personal information.

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General Conditions of Sale

General Conditions of Sale