Company BCS GROUP with a share capital of 10,000 Euros
Registered office 103 rue la Boétie 75008 PARIS
Phone : 01 46 31 28 51
Mail address : [email protected]
RCS (Register of Commerce and Companies) Paris 813 232 329
General sales terms and conditions regarding the products available on kujten.com
Last updated: October 15, 2015
Article 1 – Purpose
These Terms and Conditions are intended to govern the sales conducted by the company BCS GROUP 103 rue la Boétie 75008 PARIS, of ready-to-wear products or accessories crafted from 100% cashmere.
Article 2 – Price
The price of our products is indicated in Euros (VAT and other taxes included applicable on the day the order is placed), unless otherwise indicated and does not include the shipping and processing fees.
For orders to be shipped to a country other than France, you are considered as the importer of the item(s). Custom duties or other local taxes or import duties or state taxes may apply. This duties and amounts should not be borne by BCS GROUP. They should be borne by you and you are fully responsible, both regarding the declarations that you should file, as well as for the payments to be made to the relevant authorities and bodies of your country. We advise that you should inquire about those issues with your local authorities.
All the orders which are placed, regardless of their origin, must be paid in Euros. The company BCS GROUP reserves the right to change its prices at any time, but the item's price shall be determined according to the applicable rate when the order is confirmed and subject to availability.
The products remain the property of the company BCS GROUP until full payment of the price.
Warning: as soon as you take physical possession of the products you have ordered, the risks of loss or damage of the products are transferred to you.
Article 3 – Orders
You can place an order on :
The website : kujten.com
The contractual information is drafted in French and shall be confirmed at the latest when your order is confirmed.
The company BCS GROUP reserves the right not to register a payment, and not to confirm an order for any reason whatsoever, and more specifically should there be a supply issue or an issue regarding the order which has been placed.
Article 4 - Order confirmation
Any order placed on the website kujten.com implies the compliance with to these Terms and Conditions. Any confirmation of an order implies your full acceptance to these Terms and Conditions of sale, without any exception or reserve.
All the data which has been communicated and the confirmation which has been recorded are considered to be a proof of the sale. You declare being fully aware of it. The confirmation of the order shall be considered as a signature and as an approval of the transactions which have been completed. A summary of the information contained in your order and these General Sales Terms and Conditions will be sent to you in a PDF format to the email address which has been used to confirm your order.
Article 5 – Payment
The fact that you confirm your order implies that you need to pay the price which is indicated.
The payment for your purchases is made by credit card using a secured system called SHERLOCKS by LCL.
The payment is debited when your order is confirmed.
Article 6 – Withdrawal
Pursuant to Article L.121-21 of the (French) Consumer Code, you benefit from a 14-day withdrawal period from the day you have received your products to exercise your right of withdrawal without having to give any specific reason or incurring any penalties. The products must be returned in their original packagings and must be complete (packaging, accessories, instructions). In this case, your liability cannot be triggered. Any damage caused to the product at that time may prevent you from being able to exercise your right of withdrawal.
The return shipping fees must be borne by you.
If you decide to exercise your right of withdrawal, the company BCS GROUP will reimburse the amount which has been paid, within a 14-day period from the notification of your request and using the same method of payment as the one used to complete the order.
EXCEPTION TO THE RIGHT OF WITHDRAWAL
Pursuant to the provisions of Article L.121-21-8 of the (French) Consumer Code, the right of withdrawal does not apply to:
- Contracts for services whose performance has been fully exercised before the end of the right of withdrawal, and for which the performance has begun after the consumer's express consent and after he has expressly given up his right of withdrawal.
- Contracts for goods or services whose price depends on the fluctuations of financial-market rates which have gotten out of professionals’ hand and which can take place during the right of withdrawal.
- Supply goods made according to the consumer's specifications or substantially personalized.
- Supply goods which can rapidly deteriorate or become outdated.
- Supply goods which have been unsealed by the consumer once they have been delivered and cannot be sent back due to hygiene or health protection reasons.
- Supply goods which, once they have been delivered, and due to their nature, have been inseparably mixed up with other goods.
- Supply of alcoholic beverages for which the delivery has been postponed over thirty days and the value agreed upon when the contract was made depends upon the market fluctuations, and has gotten out of the professionals’ hand.
- Supply contracts for audio or video recordings or computer software where the products have been unsealed by the consumer once they have been delivered.
- Supply contracts for newspapers, periodicals or magazines, except for subscription contracts for these publications.
- Transactions which are closed during a public auction.
- Supply of digital content not supplied on a tangible medium for which the performance has begun after the consumer's express consent and after he has expressly given up his right of withdrawal.
Article 7 - Availability
Our products are available as long as they are visible on the website kujten.com and subject to the available stock. Regarding the products which are not available in stock, our offers are available provided that the products are available at our suppliers.
Should a product be unavailable after your order has been placed, we shall send you an email to inform you. Your order will thus be canceled automatically and no bank debit shall be made.
In addition, the website kujten.com is not intended to sell its products in large quantities. Therefore, the company BCS GROUP reserves the right to refuse orders for 10 identical items.
Article 8 – Delivery
The products are delivered to the shipping address provided when the order was placed, within the period of time indicated on the page where the order was confirmed.
If the shipment is delayed, an email will be sent to you in order to inform you of a potential impact on the delivery date which was indicated initially.
Pursuant to the law, if the delivery is delayed, you are entitled to cancel your order according to the terms and conditions set forth in Article L. 138-2 of the (French) Consumer Code. If you receive the product in the meantime, we shall refund it and refund the shipping fees back to us pursuant to the conditions set forth in Article L.138-3 of the (French) Consumer Code.
If it is delivered by a carrier, the company BCS GROUP cannot be held liable for the late delivery only which results from the fact that the client was unavailable after several appointment proposals.
Article 9 – Warranty
All of our products benefit from the legal warranty of compliance and latent defects, as set forth in Articles 1641 and seq. of the (French) Civil Code. If the product which is sold does not comply, it may be returned, exchanged or refunded.
All the claims, exchange requests or refund requests must be made by email/phone/mail within 30 days from delivery. .
The products must be returned in their original packaging, and must be complete (packaging, accessories, instruction…). The shipping costs will be refunded on the basis of the invoiced price and the return costs will be refunded on presentation of receipts.
The provisions of this Article do not prevent you from benefiting from the right of withdrawal set forth in Article 6.
Article 10 - Liability
The products offered comply with French law which is currently in force. BCS GROUP cannot be held liable for non-compliance with the law of the country where the product is delivered. You are liable for checking with the local authorities whether it is possible to import or use the goods or services that you are planning to order.
Moreover, the BCS GROUP cannot be held liable for the damages resulting from a misuse of the product which has been purchased.
Finally, BCS GROUP's liability cannot be triggered for any inconvenience or damage resulting from the use of the Internet, including a network connectivity problem, an external intrusion or the presence of a computer virus.
Article 11 - Applicable law in case of disputes
The language of this contract is French. These General Sales Terms and Conditions are subject to French law. In case of a dispute, the French courts shall have exclusive jurisdiction.
Article 12 - Intellectual Property
All the elements of the kujten.com website are and remain the intellectual and exclusive property of the company BCS GROUP. No one is allowed to reproduce, operate, publish or use, for any reason whatsoever, even partially, elements of the website, including softwares, visual or sound. Any link, standard or hypertext, is strictly forbidden with the prior express written consent of BCS GROUP.
Article 13 - Personal data
The company BCS GROUP reserves the right to collect nominative information and personal data about its customers. They are needed to deal with your order, and also improve the services and information that we send you.
They can also be sent to companies who contribute to these relationships, such as those in charge of performing those services and handling the order, and are needed for their management, performance, processing and payment.
These information and data are also stored for security purposes, in order to comply with the legal and regulatory obligations.
Pursuant to the law of January 6, 1978, you have a right to access, rectify and oppose to personal information and personal data about you, directly from our website.
Article 14 - Evidence Archiving
The company BCS GROUP shall archive the purchase orders and invoices on a faithful and enduring medium in order to keep a true copy, pursuant to the provisions of Article 1348 of the (French) Civil Code.
The computerized records of the company BCS GROUP shall be considered by all the concerned parties as evidence of the communications, orders, payments and transactions which have taken place between the parties.