General conditions of sale

PREAMBLE

These General Terms and Conditions of Sale (hereinafter "GTC") are concluded exclusively between (1) the company BCS GROUP, registered with the RCS of Paris under number 813 2322 329, whose head office is located at 30 rue boissy d'anglas 75008 Paris in its capacity as publisher of the site kujten.com, a service of KUJTEN, exclusive holder of the license to operate the KUTJEN brand on the web (hereinafter referred to as KUJTEN) and (2) any person making a purchase on the site kujten.com (hereinafter referred to as the "Customer").

The Customer hereby formally declares that he is an individual, a natural person, not a professional or a trader, that he is an adult or holds parental authorization and that he has full legal capacity to contract and place an order online on the website kujten.com (hereinafter, KUJTEN)

The Client and KUJTEN agree that their relationship is governed exclusively by these General Conditions of Sale.
In this regard, the Customer acknowledges that any order validated by "double click" implies irrevocable acceptance of these General Terms and Conditions of Sale. This validation by the Customer, combined with the authentication and non-repudiation procedure and the protection of the integrity of messages, constitutes the manifestation of the unequivocal will of the Parties thus deemed to be signatories of the distance selling agreement.

KUJTEN reserves the right to adapt or modify these General Terms and Conditions of Sale at any time. Each order will be deemed to have been subscribed to according to the terms of the General Terms and Conditions in force on the day it is placed on the kujten.com website, the date the General Terms and Conditions are posted online being the effective date.

For any questions regarding an online purchase, the Customer can contact KUJTEN Customer Service
- Either directly on the site, via the contact forms by accessing your personal space in the “My Account” section,
- Either by telephone at +33 (0)1 86 47 72 42, Monday to Friday from 9 a.m. to 5:30 p.m.,
- Either by mail to the following address: serviceclient@kujten.com

ARTICLE 1. VALIDATION OF THE ORDER ON THE KUJTEN SITE

To place an order on the kujten.com website, the Customer will be guided through the following steps:
- Selection of products on the site in the “Basket”,
- Choice, when offered, of the delivery method for the products displayed in the “basket”,
- Presentation of the order summary, modifiable, and its total price,
- Choice of payment method,
- Sending an order validation email to the Customer confirming their registration after acceptance of their payment.

The order validation email sent to the Customer confirms KUJTEN's acceptance of the Customer's order, and confirms the formation of the sales contract between the Parties.

ARTICLE 2. VALIDITY OF OFFERS - AVAILABILITY OF PRODUCTS

The products displayed on the kujten.com website at a given time are in principle deemed to be available in stock at that same time, except for a limited-time offer as part of a particular operation expressly mentioned as such on the product page.

This a priori availability is checked after the order has been accepted for payment and is confirmed by sending the shipping email by KUJTEN.
In the event of unavailability of one or more products, KUJTEN undertakes either to offer the Customer a new delivery date for the product(s) ordered or to reimburse them by re-crediting the payment method used for the purchase, within 14 calendar days of payment of the order. If a technical event prevents the re-crediting of the payment method used, KUJTEN will offer the Customer to issue a bank check payable to them and send it by post to the billing address as provided.

The product and price offers are deemed to be those displayed during checkout represented by the "CART" page of the kujten.com website. Thus, only the price indicated on this page, corresponding to that invoiced to the Customer when ordering, is authentic and binds KUJTEN from a contractual point of view. Therefore, any typographical error on any other page likely to occur on graphic and/or promotional elements within the site, cannot engage the responsibility of KUJTEN.

ARTICLE 3: PRICE

The prices displayed on the kujten.com website are expressed in euros (€) and are understood to be public prices including all charges as they may be applicable in metropolitan France on the date of consultation of said offers. The VAT applied is that in force on the date of placing the order. Specific taxes, other than VAT, applicable according to regulations (such as for example the furniture ecotax or the eco-tax participation), are only indicated on the shopping cart page, the only page to be authentic as indicated in the last paragraph of article 2 above.

All product prices displayed on the kujten.com website exclude shipping costs or any other incidental services. They include only the price of the product itself, as described, and its packaging.

KUJTEN reserves the right to modify its prices at any time but undertakes to apply the prices displayed at the time the order is placed, subject to availability on that date.

The products remain the property of KUJTEN until full payment of the price by the latter.

ARTICLE 4: PAYMENT

4.1 PAYMENT TERMS

Regardless of the payment method chosen from those accepted on our site, orders will only be deemed to have been registered after validation or receipt of payment.
Thus, as long as the payment has not been validated by the intermediary chosen by the consumer, the order cannot be prepared by KUJTEN services.

Customers can choose to pay for their purchases by:
Credit/Debit Card: Mastercard/Maestro/Visa/American Express
Apple Pay/Amazon Pay
PayPal/PaypalExpress
Klarna
Twint
Alma (payment in 2x, 3x) is available from a minimum purchase amount of 300 euros in France, Belgium and Luxembourg only.

4.1.1 Cash payment by Bank Card

Payment can be made by the following bank cards: Carte Bleue, VISA, MASTERCARD
The Customer can consult the General Conditions of Sale and Use of each of these bank cards on the websites of our partners.
The choice of one of these payment cards constitutes tacit acceptance of the general conditions of sale and use of said partners.
We invite our customers to refer to it, KUJTEN cannot be held responsible for the conditions set by these independent partners.

Online payment by credit card is completely secure and allows you to confidently enter your card number, expiration date, and security code in the designated spaces. Credit card details are encrypted using the SSL (Secure Socket Layer) protocol and are never transmitted unencrypted over the network. Payment is made directly to the bank. KUJTEN has no access to these details and cannot store them on its servers. This is why they are requested again for each new transaction on our site.

4.1.2 Cash payment by Paypal

Payments via Paypal are accepted on the kujten.com website and are then made through the partner in question and according to its own general conditions of sale and use of its services.
Choosing this payment constitutes tacit acceptance of the Partner's general terms and conditions of sale and use.
We invite our customers to refer to it, KUJTEN cannot be held responsible for the conditions set by these independent partners.
General conditions of sale and use of Paypal

4.2 FIGHT AGAINST FRAUD

KUJTEN reserves the right to check the validity of the payment, before shipping the order, by any means it deems necessary (in particular identity documents, proof of address, etc.).

4.3 PAYMENT INCIDENT

KUJTEN reserves the right to refuse to make a delivery or to honor an order from a Customer who has not fully or partially paid for a previous order or with whom a payment dispute is currently being administered. In the event of fraud, KUJTEN reserves the right to remove any member without any notice or compensation.

ARTICLE 5: DELIVERY

5.1 ORDER PREPARATION TIMES

KUJTEN reserves the right to subcontract all or part of the preparation and shipping of the order to a third party mandated to carry out this service.
Since all products sold by KUJTEN are deemed to be available in stock, orders are prepared between 3 and 7 working days from the first working day following the order registration within the meaning of these General Terms and Conditions. Thus, orders registered on a Saturday, Sunday or public holiday will be processed on the first following working day.

All deadlines mentioned on the kujten.com website are understood to be clear deadlines.
The ordered product is delivered to the address shown on the order form and recorded as the “delivery” address.
In the event of an input error, including an incorrect or incomplete delivery address, KUJTEN cannot be held responsible for the consequences in terms of delay or impossibility of delivery. All costs related to the reshipment of products following an input error by the Customer will be the sole responsibility of the latter.

5.2 DELIVERY TIMES FOR ORDERS

KUJTEN reserves the right to choose the most appropriate mode of transport depending on the nature of the product, its weight and its volume, which the Customer declares to have read and accepted.

Delivery times may not exceed 30 working days after the date of payment validation by the Customer (order registration date).

Delivery times cannot be guaranteed in the event of force majeure, as defined by law and case law. Delivery times do not take into account any Customer payment control procedures that may delay the dispatch of the order (see provisions of Article 4.2).
The delivery times announced begin from the moment the order is placed. The expected delivery date is indicated when the order is placed and on each of our product sheets. This delivery time is an average time corresponding to the service used for delivery in mainland France. In the event of absence, the Customer will be responsible for collecting the product from the relevant services.

5.3 DELIVERY TRACKING

The Customer can track their order at any time using the order number provided in the email formally registering their order, in their “My Account” area on the kujten.com website.

This space allows precise monitoring for each planned mode of transport, of the order and its status, particularly relating to shipping or delivery.

Please note that since all communication between the Customer and the kujten.com website is primarily conducted through email exchanges, it is essential that the Customer provides KUJTEN with a valid and regularly updated email address. Failing this, KUJTEN cannot be held responsible for the consequences of providing an incorrect or outdated email address.

5.4 DELIVERY ZONES

Kujten delivers worldwide.

5.5 SPECIAL DELIVERY TERMS

The delivery methods for KUJTEN products are established by KUJTEN and depend on their acceptance in postal volumes.

When a product is accepted for postal delivery, the Customer will be free to choose between collection from a Collection Point or delivery to their home by Colissimo.

After validation of these transport methods and before payment of the order, the kujten.com site will display a summary of the order by transport method, to which the products in question are eligible and according to the option chosen by the Customer when it was offered to him. The cost of the transport methods assigned or chosen will then be displayed before payment of the order.

When the order has been duly prepared and is ready for dispatch, the Customer will receive an email relating to the dispatch of each part of his order by the agreed mode of transport.

Delivery by DHL :

DHL deliveries are subject to its own Terms and Conditions of Use. Shipments cannot be delivered to PO boxes or postal codes. Shipments are delivered to the address provided by the Recipient when placing the order but are not necessarily handed over to the designated recipient. Shipments to addresses with a central receiving area will be delivered to that area.

DHL may notify the recipient of an upcoming delivery or a missed delivery. The recipient may be offered an alternative delivery option such as delivery on an alternative date, delivery without a signature, rerouting of the shipment, or delivery to a DHL collection point.

Failing this, the order will be reshipped to KUJTEN, which will then send the customer an email to resend the order at its own expense. If the customer does not respond within 7 days of sending this reminder email, KUJTEN will consider that the customer has exercised their right of return and will proceed with the refund under the conditions provided for exercising the right of withdrawal (see article 6-1 of these General Terms and Conditions).

Note: Following the entry into force of Brexit on January 1, 2021 , additional taxes may be incurred upon delivery to the UK. Kujten will not be responsible for these additional charges.

Delivery to Collection Point :

KUJTEN provides the Customer who has chosen the "Collection Point" option with the names and addresses of professionals offering these services closest to the chosen delivery location. The Customer will then be able to consult the opening hours and days of the chosen Collection Point.
Upon receipt of the order at the Relay Point, the Customer has 14 calendar days to collect their packages. Otherwise, the order will be reshipped to KUJTEN, which will then send the Customer a reminder by email to resend the order at its expense. If the Customer does not respond within 7 days of sending this reminder email, KUJTEN will consider that the Customer has exercised their right of return and will proceed with the refund under the conditions provided for exercising the right of withdrawal (see article 6-1 of these General Terms and Conditions).

Delivery to store :

KUJTEN will contact the customer directly by telephone when their order is available in the store selected when confirming their order, within a maximum of 5 working days.

Delivery by Colissimo :

Colissimo delivery is a service offered by La Poste française and complies with its own General Terms and Conditions of Use. In the event of absence and inability to drop off the package with a caretaker, the Customer will receive a delivery notice. They will then have 14 calendar days to collect their package from the post office indicated on the notice. Otherwise, the order will be reshipped to KUJTEN and a refund will be issued.

5.6 DELIVERY RATES

Delivery costs vary depending on the amount of your order and the country of delivery.
Order preparation times can range from 1 to 3 business days. Orders are not prepared on weekends and public holidays.

 

The amount of the fees is automatically calculated as soon as a product is added to the cart based on delivery within mainland France. The Customer can freely consult the billing and the carrier associated with their products.

The final calculation of shipping costs for other destinations is carried out once the postal code has been entered in the delivery address and before the Customer confirms their order.

Specific offers for free shipping are only valid for shipments to mainland France, unless expressly stated otherwise.

5.7 DUTIES AND TAXES (D&T)

For the following countries, you have the option to pay customs duties and taxes either at checkout or upon delivery.
Algeria, American Samoa, Andorra, Anguilla, Antigua and Barbuda, Argentina, Armenia, Aruba, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belize, Benin, Bermuda, Bhutan, Bolivia, Bonaire, Sint Eustatius and Saba, Bosnia and Herzegovina, Botswana, Brazil, British Virgin Islands, Brunei Darussalam, Bulgaria, Cambodia, Cape Verde, Cayman Islands, Chile, China, Colombia, Comoros, Cook Islands, Costa Rica, Croatia, Curaçao, Cyprus, Czech Republic, Denmark, Djibouti, Dominica, Dominican Republic, East Timor, Ecuador, Egypt, El Salvador, Estonia, Ethiopia, Falkland Islands, Faroe Islands, Fiji, Finland, French Guiana, French Polynesia, Georgia, Germany, Gibraltar, Greece, Greenland, Grenada, Guadeloupe, Guam, Guatemala, Guernsey, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Ireland (Republic of), Isle of Man, Israel, Italy, Jamaica, Japan, Jersey, Jordan, Kazakhstan, Kenya, Kiribati, South Korea, Kuwait, Kyrgyzstan, Laos, Latvia, Lebanon, Lesotho, Liechtenstein, Lithuania, Macau, Madagascar, Malawi, Malaysia, Maldives, Malta, Marshall Islands, Martinique, Mauritania, Mauritius, Mexico, Micronesia, Moldova, Mongolia, Montenegro, Montserrat, Morocco, Mozambique, Namibia, Nauru, Nepal, Netherlands, Netherlands Antilles, New Caledonia, Nicaragua, Nigeria, Niue, North Macedonia, Northern Mariana Islands, Oman, Pakistan, Palau, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Puerto Rico, Qatar, Reunion, Romania, Saint Kitts and Nevis, Saint Lucia, Samoa, San Marino, Sao Tome and Principe, Saudi Arabia, Serbia, Seychelles, Slovakia, Slovenia, Solomon Islands, South Africa, Spain, Sri Lanka, Saint Barthélemy, Saint Martin, Suriname, Swaziland, Sweden, Taiwan, Tanzania, Thailand, Tonga, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Turks and Caicos Islands, Tuvalu, United Arab Emirates, Uruguay, Uzbekistan, Vanuatu, Vatican City State (Holy See), Venezuela, Vietnam, Virgin Islands (United States), Wallis and Futuna, Zambia, Zimbabwe.

For the following countries, no additional charges are required upon delivery.
Australia, Hong Kong, New Zealand, Norway, Singapore, Switzerland, United Kingdom.

Sales tax for the following country will be applied at checkout. This tax will vary depending on the state and region.
United States of America, Canada.

ARTICLE 6: RIGHT OF WITHDRAWAL

6.1. CONDITIONS FOR EXERCISING THE RIGHT OF WITHDRAWAL

Deadline :

In accordance with the provisions of Article L. 121-21 of the French Consumer Code, the Customer has a period of 14 calendar days to exercise their right of withdrawal, without needing to provide any reason. The period begins the day after the order is received.
In the case of an order for several goods delivered separately or in the case of an order for a good composed of lots or multiple parts whose delivery is staggered over a defined period, the period runs from the receipt of the last good or lot or the last part.
For contracts providing for the regular delivery of goods over a defined period, the period runs from receipt of the first good.

Exercising the right of withdrawal :

To exercise his right of withdrawal, the Customer must inform KUJTEN of his decision by sending it, before the expiry of the aforementioned 14-day period, the standard withdrawal form provided for this purpose, which will have been sent to him with the email confirming his order (and reproduced in the appendix to these General Terms and Conditions), or any other unambiguous declaration expressing his wish to withdraw.

Loss of the right of withdrawal :

In application of article L 121-21-8 of the consumer code, it is recalled that the right of withdrawal cannot be used for contracts:
1° Of the provision of services fully performed before the end of the withdrawal period and the performance of which began after the express prior agreement of the consumer and express waiver of his right of withdrawal;

2° Supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;

3° Supply of goods made according to the consumer's specifications or clearly personalized;

4° Supply of goods likely to deteriorate or expire rapidly;

5° 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 upon 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 for these publications;

11° Concluded at a public auction;

12° Provision of accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities which must be provided on a specific date or period;

13° Supply of digital content not supplied on a physical medium, the execution of which has begun after the express prior agreement of the consumer and express waiver of his right of withdrawal.

Condition relating to the state of the product :

To exercise this right of withdrawal, the returned product must be returned in a condition that allows it to be resold immediately. The product must therefore be returned in its new condition, with all the instructions and various accessories with which it was delivered and in its original packaging with the invoice. KUJTEN reserves the right to refuse the refund of the product if all of these conditions are not met.

Upon receipt of your order, you have 14 days to return the items to us.

We will only accept items in their original condition (including sleeves/tags + receipts).
If you wish to exchange your item (except the promotional item) or obtain a credit, you can also visit one of our stores and present your receipt.
Online purchases cannot be returned, refunded or exchanged in department stores (Bon Marché, Galeries Lafayette, Village, Printemps).
Products with personalized embroidery (embroidered sweaters and accessories) cannot be returned, refunded or exchanged.
E-gift cards cannot be returned, refunded, or exchanged in our stores. They can only be canceled by sending an email to our customer service: serviceclient@kujten.com.
All online orders placed in-store via tablet cannot be returned, refunded, or exchanged online. However, they can be exchanged in-store.

Reimbursement terms :

In the event of exercising the right of withdrawal within the aforementioned period, and in accordance with the provisions of article L121-21-4 of the Consumer Code, KUJTEN will reimburse the Customer for the price of the returned product(s) in question within 14 calendar days from the date on which it was informed of the Customer's decision to withdraw.
KUJTEN nevertheless reserves the right to defer reimbursement until recovery of the goods or until the Customer has provided proof of shipment of these goods, the date retained being that of the first of these two events.
Reimbursement will always be made on the basis of the amounts actually paid by the Customer, as shown on the invoice. However, KUJTEN reserves the right to refuse to reimburse additional delivery costs incurred by a more expensive delivery method expressly chosen by the Customer when KUJTEN had offered them a standard delivery method.
The shipping costs to be reimbursed will be determined as if the Customer had never purchased the returned product(s).
Finally, as a matter of principle and unless otherwise expressly requested by the Customer, KUJTEN will reimburse the latter by re-crediting the means of payment used for payment. If it is materially impossible to use this method, KUJTEN will offer the Customer the option of issuing a bank check payable to them for the amount due and sending it to them by post.
WEB CREDIT - You can request a credit online by emailing serviceclient@kujten.com. This web credit can be used for your next online purchase (only).

Return shipping costs :

The return costs are expressly the responsibility of the Customer, who acknowledges and accepts this by adhering to these General Conditions of Sale.

ARTICLE 7: COMPLAINT ON THE ORDER

If, when unpacking its products and within a period of 24 calendar months from receipt of the products, the Customer discovers that a product does not conform to its order or to the product sheet (example: error on the product, the model, the color, other) KUJTEN then undertakes to replace it or to reimburse the Customer for all of its costs as soon as the defect is noted and confirmed.

To do this, the Customer must contact KUJTEN Customer Service to make their complaint and follow the given procedure.
After receipt of the duly returned product and observation of the non-conformity or damage reported by the Customer, KUJTEN may, at its sole discretion,
- Either send a new product to the Customer, at no additional cost,
- Either refund the sums paid when purchasing this product.
Any other potential defect during the “life” of the product will be assessed as part of the after-sales service.

ARTICLE 8: AFTER-SALES SERVICE

Apart from the commercial or legal guarantee, the Customer always has the possibility of contacting KUJTEN Customer Service to answer questions relating to the use of a product, its maintenance procedures or the ordering of a part which has become defective.

ARTICLE 9: INTELLECTUAL PROPERTY

All elements of the kujten.com website, whether visual or audio, including the brand, logo, texts, photos, videos, and domain name, are protected by copyright, trademark law, or patents. The publisher of the kujten.com website holds an exclusive license and operating agreement granted by their owner. As such, and in accordance with the provisions of the Intellectual Property Code, only use for private purposes is authorized, subject to different or even more restrictive provisions of the Intellectual Property Code.

Any total or partial reproduction of the kujten.com site or any of its audio, visual or text content is strictly prohibited without express prior written consent.

ARTICLE 10: RESPONSIBILITY

For all stages of access to the site, the ordering process, delivery, customer service or subsequent services, KUJTEN only supports an obligation of means. Consequently, KUJTEN cannot be held liable for any inconvenience or damage inherent to the use of the internet network, in particular a breakdown in service, an external intrusion or the presence of computer viruses, or any event qualified as force majeure, in accordance with case law.
Furthermore, KUJTEN cannot be held responsible in the event that the order is not completed or if it is prevented from fulfilling any of its obligations due to a case of force majeure as defined by case law, and in particular in the event of bad weather preventing the delivery of the order.

ARTICLE 11: ENTIRETY

In the event that one of the clauses of this contract is declared null and void by a change in legislation, regulation or by a court decision, this shall in no way affect the validity and compliance with all other provisions of these General Conditions of Sale.

ARTICLE 12: DURATION

These T&Cs apply for the entire duration that the services and products offered by KUJTEN are online.

ARTICLE 13: PROOF

The computerized records, stored in the computer systems of KUJTEN and its partners under reasonable security conditions, will be considered as proof of communications, orders and payments between the Parties.

ARTICLE 14: CONSERVATION AND ARCHIVING OF TRANSACTIONS

The archiving of purchase orders and invoices is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy in accordance with article 1348 of the Civil Code.

ARTICLE 15: DISPUTES

These conditions are subject to French law.
In the event of a dispute, KUJTEN and the Client will attempt to resolve it amicably, either through a conventional mediation procedure or any other alternative dispute resolution method. The Client is informed that he or she may, in any event, resort to conventional mediation, before any legal action, to seek an amicable solution with KUJTEN, by contacting the CMAP (Paris Mediation and Arbitration Center - 39 Avenue Franklin D. Roosevelt, 75008, Paris), the Consumer Mediator to which KUJTEN belongs.

To submit a dispute to the Mediator, the Customer can fill out the form on the CMAP website: www.cmap.fr , tab "you are a consumer" or send an email to the following address: consommation@cmap.fr. In order for the CMAP to process the Customer's request efficiently, the Customer must specify their contact details, the difficulties encountered and the steps taken with KUJTEN to resolve them.

In the event of failure of the transaction, only the French courts will have jurisdiction.

ARTICLE 16: KUJTEN CUSTOMER SERVICE

For any information or questions, KUJTEN Customer Service is available to the Customer:

- Electronically via the contact form, after logging into the “My Account” area.
For all subsequent electronic correspondence, and in order to facilitate and speed up the processing of requests, it will be appropriate to use the email address used for the Client account.
- By mail to the following address: serviceclient@kujten.com

ARTICLE 17: DATA PROVISIONS AND FREEDOMS

In accordance with the provisions of Law No. 78-17 of January 6, 1978, known as the "Data Protection Act" relating to information technology, files, and freedoms, the automated processing of personal data carried out from the kujten.com website has been declared to the French National Commission for Information Technology and Civil Liberties (CNIL). The collection of your personal data is mandatory for the management of your purchases and the tracking of your orders. Your personal data is intended for the BCS GROUP company and all of its partners responsible for managing your orders and deliveries, and the relevant administrative authorities.

Subject to your consent, the collection of your personal data may also allow you to receive our newsletters, promotional or commercial offers from the kujten.com website or its commercial partners.

Any person has a permanent right to access, modify, rectify and delete personal data concerning them in accordance with Articles 39 and 40 of the "Informatique et Libertés" law n°78-17 of 6 January 1978. To exercise this right, send a letter to the postal address 30 rue boissy d'anglas 75008 Paris
Security of your personal data

BCS GROUP undertakes to comply with the provisions of the “Informatique et Libertés” law of January 6, 1978.
BCS GROUP ensures optimal security measures against the loss, misuse, and alteration of information entrusted to it by Internet users. All data received on the kujten.com website is backed up daily and stored on a backup medium.

Cookies
When browsing the Site, navigation cookies may be installed on the visitor's computer and record information relating to the visitor's computer's navigation on the Site, such as the pages viewed, the date and time of viewing, etc. An information banner is then displayed and allows the visitor to refuse them. At any time, the visitor can disable any installation of cookies by adjusting the configuration of their Internet browser accordingly.
While most browsers are set by default to accept the installation of cookies, the visitor has the option to disable the use of cookies by selecting the appropriate settings on their browser. However, refusing cookies and other connection cookies may prevent access to certain features, pages and/or areas of the Site, which the visitor expressly declares to accept.

To learn more about cookies, please visit click here

Google Analytics
BCS GROUP reserves the right to track the visitor's use of the Site using the website analysis service called Google Analytics provided by Google Inc. The Google Analytics system uses cookies (see paragraph above).

The data generated by the cookies concerning the use of the Site by the user (including the connection IP address) will be transmitted and stored by Google Inc. on servers located in the United States. This data will be used for the purpose of evaluating the use of the Site, compiling reports on the activity of the Site for BCS GROUP and providing other services relating to the activity of the Site and the use of the Internet network.

Google Inc. may disclose this data to third parties if legally required to do so or when these third parties process this data on its behalf, including the publisher of this site. Google Inc. will not associate the visitor's IP address with any other data it may hold. Visitors may deactivate the use of cookies by selecting the appropriate settings on their browser. However, such deactivation may prevent them from using certain features, pages and/or areas of the Site, which the visitor expressly accepts. By using the Site, visitors expressly consent to the processing of their personal data by Google Inc. under the conditions and for the purposes described above.

APPENDIX: MODEL WITHDRAWAL FORM

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

To the attention of KUJTEN

I/We (*) hereby notify (*) my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of the service (*) below:

- Name of the property:

- Property reference:

- Order number:

- Ordered on (*)/ received on (*)

- Name of the consumer(s)

- Address of the consumer(s)

- Email address used for the consumer(s) customer account:

- Signature of the consumer(s) (only if this form is notified on paper)

- Date

* Delete as appropriate
Bottom of the form

INFORMATION RELATING TO LEGAL GUARANTEES OF CONFORMITY AND LATENT DEFECTS

Articles L.221-11 and L.221-5 of the Consumer Code provide:

“Article L.221-11
When the contract is concluded remotely, the professional provides the consumer, in a legible and comprehensible manner, with the information provided for in Article L.221-5 or makes it available to him by any means adapted to the distance communication technique used. […]

Article L.221-5
Prior to the conclusion of a contract of sale or provision of services, the professional communicates to the consumer, in a legible and comprehensible manner, the following information:

The information provided for in Articles L.111-1 and L.111-2; When the right of withdrawal exists, the conditions, time limit and procedures for exercising this right as well as the standard refraction form, the conditions of presentation of which and the information it contains are set by decree in the Council of State.
Where applicable, the fact that the consumer bears the cost of returning the goods in the event of withdrawal and, for distance contracts, the cost of returning the goods when, due to their nature, they cannot normally be returned by post.
Information on the consumer's obligation to pay fees when exercising his right of withdrawal from a contract for the provision of services, water distribution, gas or electricity supply and subscription to a district heating network, the execution of which he has expressly requested before the end of the withdrawal period.
These costs are calculated according to the terms set out in Article L.221-25; When the right of withdrawal cannot be exercised pursuant to Article L.221-28, information that the consumer does not benefit from this right or, where applicable, the circumstances in which the consumer loses his right of withdrawal.
Information relating to the professional's contact details, where applicable, the costs of using the remote communication technique, the existence of codes of good conduct, where applicable, deposits and guarantees, termination procedures, methods of dispute resolution and other contractual conditions, the list and content of which are set by decree in the Council of State. […] »

OPPOSITION TO TELEPHONE CANVASING

Article L.223-2 of the Consumer Code provides:

"When a professional is required to collect telephone data from a consumer, he informs them of their right to register on the telephone canvassing opt-out list.
When this collection of information is done at the time of the conclusion of a contract, the contract mentions, in a clear and comprehensible manner, the existence of this right for the consumer.

Customers have the option to register on the telephone canvassing opt-out list accessible at https://www.bloctel.gouv.fr so that their personal data (telephone, emails, etc.) is protected.

E-Gift Card

DEFINITIONS

MERCHANT : refers to the company BCS GROUP, registered with the Paris Trade and Companies Register under number 813 2322 329, whose registered office is located at 30 rue boissy d'anglas 75008 Paris, in its capacity as publisher of the website kujten.com, a service of KUJTEN, exclusive holder of the online operating license for the KUTJEN brand, which offers its E-GIFT CARD for sale on the SITE.

BUYER : means the natural person who purchases an E-GIFT CARD on the SITE.

PERSONAL DATA : refers to all directly or indirectly identifying personal data collected on the SITE and which are necessary to purchase a “KUJTEN” E-gift CARD. This includes in particular the list of names, first names, postal addresses, email addresses, dates of birth, and title of the BUYER and the BENEFICIARY.

E-GIFT CARD : means a prepaid account on the MERCHANT's website. Each E-GIFT CARD is associated with a unique code. This prepaid account is domiciled in the MERCHANT's usual bank account and constitutes an advance to the BENEFICIARY, for any order from the MERCHANT.

GIFT CARD : means the electronic medium associated with the E-GIFT CARD and on which a unique code appears.

BENEFICIARY : means the natural person bearing the GIFT VOUCHER.

SITE : interface accessible from the Internet and the MERCHANT's website (https://www.kujten.com/en) and allowing a USER to purchase an E-GIFT CARD .

USER : means a natural person browsing the SITE.

GENERAL CONDITIONS OF SALE AND USE: means these general conditions of sale and use of the E-GIFT CARD service on the SITE.

1- Scope
The GENERAL TERMS AND CONDITIONS OF SALE AND USE govern the sale of E-GIFT CARDS and their use. Use of the SITE constitutes implicit acceptance of the GENERAL TERMS AND CONDITIONS OF SALE AND USE. If one of the provisions of the GENERAL TERMS AND CONDITIONS OF SALE AND USE is found to be invalid, the other provisions remain applicable. The MERCHANT reserves the right to make changes to the GENERAL TERMS AND CONDITIONS OF SALE AND USE. The USER may review them on the SITE (link in the footers). Any use of the SITE after modification of the GENERAL TERMS AND CONDITIONS OF SALE AND USE implies their full and complete acceptance in their new version.

2- General description of the SITE
The main function of the SITE is to enable the purchase of an E-GIFT CARD online. The purchase is made by a single person, the BUYER. The main features are listed below, but are not exhaustive:
For the BUYER, possibility of writing a visible message on the GIFT VOUCHER;
For the BUYER, possibility of printing the GIFT VOUCHER, sending it immediately or later to a BENEFICIARY chosen by them;
For the BENEFICIARY, possibility of using the GIFT VOUCHER to make purchases from the MERCHANT.
Ordering the E-GIFT CARD is as follows:
The BUYER chooses their visual, completes the name and first name of the BENEFICIARY and can add a personal message;
The BUYER receives a PDF which will then allow them to print the gift voucher or send it by email to the recipient.
The BUYER selects the amount of their financial contribution to the E-GIFT CARD for a fixed or free amount with a minimum purchase of 100 euros, completes the information relating to their first and last name then proceeds to payment by selecting an available payment method and fully completing the payment method.
Once the GIFT VOUCHER has been received by the BENEFICIARY by email, the BENEFICIARY will have one (1) year to spend the amount of the GIFT VOUCHER to purchase accessories and ready-to-wear products offered for sale on the MERCHANT's website.

3- Personal message recorded by the BUYER
The BUYER has the option to write a personal message that will be displayed on the GIFT CARD. The MERCHANT is not responsible for the texts written by the BUYER and cannot guarantee their accuracy. By adding content or information, the BUYER gives their irrevocable consent to use this content to process it for the purposes of ordering the E-GIFT CARD. The MERCHANT will use any information only in accordance with its privacy policy. The added content must not: (a) infringe the intellectual property rights of a third party; (b) violate any applicable law in France; (c) be defamatory, insulting, or threatening; or (d) be obscene or pedophilic. The MERCHANT reserves the right to remove any added personal content, at its sole discretion, with or without notice.

4 – Issue and sending of the E-GIFT CARD
The E-Gift Card is issued only on the website www.kujten.com/en.

Once the E-GIFT CARD is finalized on the website, it is issued in the form of a GIFT VOUCHER and sent by email to the BUYER (also check Spam / Junk mail).

The GIFT VOUCHER may not be received for reasons external and independent of the MERCHANT. The MERCHANT cannot be held responsible, in particular in the following cases:
The email spam filter blocked the attachment or redirected the message to the "SPAM" or "junk mail" folder.
The firewall blocked the message or attachment.
The email inbox has reached its size limit.
The email address is invalid.

5 - Transmission of the E-GIFT CARD to a BENEFICIARY
When purchasing an E-GIFT CARD, the transfer of ownership takes place from the MERCHANT to the BUYER at the time the GIFT VOUCHER is issued. The BUYER is fully responsible for the transfer and transmission of the GIFT VOUCHER to a BENEFICIARY, a third party of their choice. The BUYER must keep the unique code printed on the GIFT VOUCHER and the GIFT VOUCHER secret. The MERCHANT cannot be held responsible in the event of an error by the BENEFICIARY, loss of the medium with its code, or fraudulent use of this code. As soon as the BUYER transfers the E-GIFT CARD to a BENEFICIARY, the latter is deemed to automatically accept the transfer and the GENERAL TERMS AND CONDITIONS OF SALE AND USE

6 - Validity period of the E-GIFT CARD
The E-GIFT CARD is valid for one (1) year, from the date of purchase of the E-GIFT CARD.

The GIFT CARD shows the expiration date of the E-GIFT CARD.

After this period, the expired E-GIFT CARD is closed and any unused balance is lost. An extension of the validity date will not be possible.

7 - Use of the E-GIFT CARD by the BENEFICIARY
The E-card must be used and spent on the website within one (1) year from the date of creation of the GIFT VOUCHER.

The use of the E-GIFT CARD as a payment method is based on the use of a code printed on the corresponding GIFT VOUCHER. The BENEFICIARY undertakes to take all necessary measures to ensure the security and confidentiality of this code. The MERCHANT cannot be held liable in the event of loss of the medium with its code, or fraudulent use of this code. In the event of loss of the electronic medium of the GIFT VOUCHER, the BENEFICIARY must contact the BUYER to obtain a new electronic copy. If the BUYER has lost the electronic medium (following the deletion, for example, of the electronic message containing it), the BUYER may receive an electronic copy by making a request via the "Contact Us" page in the footer of the MERCHANT's website. In this case, the electronic copy will be sent to the BUYER's email address originally used for the purchase. Under no circumstances is it possible to obtain a reissue of the GIFT VOUCHER, i.e. a new code.

The general terms and conditions of sale of the Merchant's website apply automatically to purchases made with the E-GIFT CARD. In addition, it is specified that:
The E-GIFT CARD can be used on the entire MERCHANT website in the area defined in the general terms and conditions of sale of the MERCHANT website.
If the balance on the E-GIFT CARD is insufficient to cover an online order, an additional payment by bank card is requested on the fly from the BENEFICIARY in order to finalize the order.
The BENEFICIARY may only use one E-GIFT CARD per order on the MERCHANT's website.
The E-GIFT CARD can be used multiple times. If there is a balance on the E-GIFT CARD after an order, this balance is valid for any subsequent order, within the validity date of the E-GIFT CARD indicated on the GIFT VOUCHER.
If, after an order paid online with an E-GIFT CARD, the items are returned or the order is canceled, the E-GIFT CARD used for payment will be re-credited to a new E-GIFT CARD and can then be used for a new purchase. If the RECIPIENT had to top up the amount of their E-GIFT CARD by credit card for their purchase, this surplus will be re-credited directly to their bank account.

8 – Cancellation, refund of an E-GIFT CARD and right of withdrawal
GIFT VOUCHERS cannot be refunded (apart from the right of withdrawal set out below), resold, transferred for consideration or exchanged for cash.
In accordance with the provisions of Article L.221-18 of the French Consumer Code, the BUYER has a right of withdrawal which he may exercise within 14 days from the date of issue of the GIFT VOUCHER, provided that the E-GIFT CARD has not been used in part or in full before the expiry of this period. To do so, the BUYER must make a request via the “Contact us” page accessible on the MERCHANT’s website.

9 - Violation of the GENERAL CONDITIONS OF SALE AND USE - Suspension of the SITE
The MERCHANT reserves the right to refuse to provide its E-GIFT CARD service, in particular for one of the following reasons:
a violation of the GENERAL CONDITIONS OF SALE AND USE,
if the USER's actions risk causing financial loss or harm to the MERCHANT or a third party,
changes are being made to the SITE and make it temporarily unusable.

10 - Price
Free amounts of E-GIFT CARDS are offered with a minimum purchase of 100 euros.

11 - Personal data – Information technology and freedom
The MERCHANT is the owner of all PERSONAL DATA transmitted when using the SITE. This data will be used for the purpose of managing the service related to the use of E-GIFT CARDS. As such, in its capacity as data controller, the MERCHANT undertakes to comply with the legal provisions applicable to the computerized processing of personal data and in particular with the obligations imposed by the regulations in force, in particular the General Data Protection Regulation (GDPR). Any USER, BUYER or BENEFICIARY has the right to access and rectify their personal data, as well as the right to request its deletion, to object to its processing for legitimate reasons and to obtain its limitation or portability to the extent applicable. For more information concerning the processing of personal data and the exercise of rights, we invite you to read the MERCHANT's Privacy Notice, also accessible on this SITE.

12 - Limits of guarantees
The MERCHANT cannot guarantee the uninterrupted operation of the SITE and cannot be held responsible for unavailability, suspensions, malfunctions of the SITE, in particular during its maintenance, its update or in the event of a problem due to the Internet network. The MERCHANT implements state-of-the-art means intended to prevent any fraudulent modification of the E-GIFT CARD. However, USERS of the SITE acknowledge that the MERCHANT cannot be held responsible, except in cases of proven serious negligence, in particular for damage resulting from:
fraudulent intrusions or alterations carried out by unauthorized third parties in the SITE,
abnormally long response times or slow operation of the SITE.
In any event, the MERCHANT shall not be liable for any indirect damages suffered by the USER or a third party due to the USER, including financial losses and/or losses of income and/or losses of profits and/or losses of expected profit and/or losses of opportunity and/or losses of image. Any information or advice provided by the MERCHANT shall not be interpreted as any guarantee.

13 - Assistance – contact
For any questions regarding an online purchase, the Customer can contact KUJTEN Customer Service
- Either directly on the site, via the contact forms by accessing your personal space in the “My Account” section,
- by mail to the following address: serviceclient@kujten.com

14 - Applicable jurisdiction
The GENERAL TERMS AND CONDITIONS OF SALE AND USE and the contractual relations between the SELLER and the BUYER or BENEFICIARY are governed by French law. In the absence of an amicable solution or recourse to mediation, all disputes to which the GENERAL TERMS AND CONDITIONS OF SALE AND USE may give rise will be submitted to the competent court.