GENERAL TERMS AND CONDITIONS OF SALE

KUJTEN

ARTICLE 1 – PURPOSE

This document (Terms & Conditions of Sale) defines the conditions applicable to sales conducted between people making purchases via the Kujten website, hereinafter referred to as the “Customer”, and the Kujten company, hereinafter referred to as “Kujten.com”. These conditions apply exclusively to persons who are not traders. These conditions apply to the exclusion of all other conditions, those in force for in-store sales.
 

ARTICLE 2 – PRICE

ARTICLE 3 – ORDERS

ARTICLE 4 - ORDER CONFIRMATION

ARTICLE 5 – PAYMENT

ARTICLE 6 – 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• Supply goods which can rapidly deteriorate or become outdated.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.
• WEB CREDIT - you can request for online credit by emailing serviceclient@kujten.com. This web credit can be used for your next online purchase (only).

ARTICLE 7 - AVAILABILITY

ARTICLE 8 – DELIVERY

ARTICLE 9 – WARRANTY

ARTICLE 10 - LIABILITY

ARTICLE 11 - APPLICABLE LAW IN CASE OF DISPUTES

ARTICLE 12 - INTELLECTUAL PROPERTY

ARTICLE 13 - PERSONAL DATA

These details are collected :

• when a customer creates an account,
• when a customer subscribes to the newsletters or alerts offered by Kujten,
• when a customer places an order or makes a returns request on the website,
• when a customer contacts Kujten Customer Services,
• when a customer takes part in a competition,
• when a customer browses the website and consults articles,
• when a customer posts a comment or opinion about an article,
• when a customer shares an opinion with a friend by sending an e-mail from an article page,
• when a customer shares an opinion via Facebook, Google+, Twitter, or Pinterest from an article page.

The details collected are intended for use by Kujten.com. They are required for processing and handling orders from the customer, as well as for sales relations between Kujten.com and the customer. They also enable Kujten.com to provide personalized services to the customer and to improve the relevance of information offered to them. Kujten.com is responsible for handling this data. It may be communicated to the companies and sub-contractors Kujten.com uses in the context of executing the orders and services offered. In accordance with the French Law of 6 January 1978, the user has a right to access, correct, modify, and delete personal data about them. Users may expressly refuse to allow their details to be revealed to any third parties. To do so, they simply must indicate this by writing to Kujten, Service Client, 422 rue st. honoré, 75008 Paris, France.

ARTICLE 14 - EVIDENCE ARCHIVING

ARTICLE 15 - UNFORSEEN CIRCUMSTANCES

The company’s fulfilment of all or part of its obligations will be suspended in the event of the occurrence of unforeseeable circumstances or a force beyond our control that might hinder or delay their fulfilment. Occurrences will be considered as such based on the various situations recognized under French jurisdiction. In such unforeseen situations, Kujten.com will inform its customers via e-mail within seven days.
 

ARTICLE 16 - CUSTOMER SERVICE

For any information or questions, Kujten.com Customer Services can be contacted

• by phone Monday–Friday from 10 am to 6 pm on +33(0)186477242 or
• by e-mail at serviceclient@kujten.com
  OR
• by post to
  BCS GROUP / KUJTEN RETOURS INTERNET
  110 bis avenue du Général Leclerc
  93500 PANTIN
  Batiment 14
  Niveau 1

ARTICLE 17 - DATA RETENTION

Customer and prospect data is stored for 5 years after the end of the relationship. This period begins: at the time of the last order, the last time the customer connects to its account, when an email is sent to the customer service department, if the link in an email sent by KUJTEN is clicked on, if items are placed in the basket but a purchase is not made, or finally if the customer sends a positive response to an email requesting whether they wish to continue to receive sales material at the end of the five years or not.

At the end of this period of time, the customer's or prospect's data will be anonymised.

ARTICLE 18 - RETURNS & REFUNDS

In accordance with the current law (Article L121-20 of the French Consumer Code), customers have a period of 15 days to exercise their right of withdrawal running from the day the goods are received, without having to give any reason nor pay any penalties. The procedure for exercising this right of withdrawal is set out in the paragraph “Conditions for return for refund” below. The customer is responsible for the cost of return carriage. The sums paid for the purchase of the product will be refunded to the customer in full as soon as possible, and at the latest within 30 days following the date on which they exercised their right of withdrawal.
 
Returned articles must be new, unused, and in their original box, perfectly intact. Any return must be the subject of a return request via the contact form available on the “Contact and After-sales Service” page. Customers have a period of 14 business days from posting their return parcel to submit any claim relating to their return and make sure to send it as you have received it (pouch / tag + invoice). No claims will be accepted after this time. The customer must submit their claim by e mail via the contact form on the “Contact us” page on Kujten or by post to the following address:

BCS GROUP / KUJTEN RETOURS INTERNET
110 bis avenue du Général Leclerc
93500 PANTIN
Batiment 14
Niveau 1

Returning shipping fees must be borne by the customer.
  All returned articles (sweaters, original packaging, tags, accessories, pouches, instructions, etc.) must be sent back in perfect condition. Upon receiving the parcel, Kujten will assess the perfect condition of the returned goods. No returns will be accepted if the returned articles have obviously been used or suffered damage attributable to the customer where such use or damage renders the articles unsellable. If the return is refused by Kujten, the articles will be sent back to the customer at Kujten’s expense, without the customer’s being able to demand compensation of any kind or entitlement to a refund, other than subsequently exercising their guaranteed rights for the goods sold.
 
Subject to compliance with these return conditions, Kujten will reimburse the returned orders within 30 days, after the goods have been returned. Send a mail to serviceclient@kujten.com
Transaction security
Kujten.com takes all steps to ensure the confidentiality and security of data transmitted over the web and on the http://www.kujten.com website. To this end, the website uses an SSL (Secure Socket Layer) secure payment module.
 

ARTICLE 19 - INFORMATION ON LEGAL GUARANTEES OF CONFORMITY AND HIDDEN DEFECTS

Articles L.221-11 and L.221-5 of the Consumer Code states:
 
"Article L.221-11.
 
When the contract is concluded at a distance, 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 suitable for the distance communication technique used. [...]
 
Article L.221-5
Prior to the conclusion of a sales or service supply contract, the trader shall provide the consumer with the following information in a legible and comprehensible manner:
 
The information provided for in Articles L.111-1 and L.111-2;
Where the right of withdrawal exists, the conditions, time limit and procedures for exercising this right as well as the standard withdrawal form, the conditions of presentation and the information it contains being laid down 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, because of their nature, they cannot normally be returned by post;
Information on the consumer's obligation to pay costs when he exercises his right to withdraw from a contract for the provision of services, water distribution, gas or electricity supply and subscription to a district heating network, the performance of which he has expressly requested before the end of the withdrawal period; these costs are calculated in accordance with the procedures laid down in Article L.221-25 ;
Where the right of withdrawal cannot be exercised pursuant to Article L.221-28, information to the effect that the consumer does not benefit from this right or, where appropriate, the circumstances in which the consumer loses his right of withdrawal;
Information relating to the contact details of the professional, where applicable, the costs of using the distance communication technique, the existence of codes of good conduct, where applicable, sureties and guarantees, cancellation procedures, methods of settling disputes and other contractual conditions, the list and content of which shall be laid down by decree in the Council of State. [...] "
 

ARTICLE 20 - RIGHT TO WITHDRAW (OPT-OUT OPTION FOR SMS OR PHONE CALL MARKETING)

Article L.223-2 of the Consumer Code states:
 
"When a professional is required to collect telephone data from a consumer, he shall inform the customer of his right to register on the opt-out list of telephone solicitation.
When the collection of this information is done at the time of the conclusion of a contract, the contract shall mention, in a clear and comprehensible manner, the existence of this right to the consumer. "
 
Customers have the possibility to register to the opt-out list against telephone canvassing accessible on https://www.bloctel.gouv.fr so that their personal data (telephone, emails...) are protected.
 

E-Gift Card

DEFINITIONS
 
MERCHANT: designates the company BCS GROUP, registered with the Paris RCS under number 813 2322 329, whose head office is located at 422 rue st. honored 75008 Paris in its capacity as publisher of the site kujten.com, service of KUJTEN, exclusive holder of the operating license on the web of the KUTJEN brand,which offers its E-GIFT CARD for sale on the SITE.

BUYER: designates 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 is necessary to purchase a “KUJTEN” E-gift CARD. This includes in particular the list of surnames, first names, postal addresses, email addresses, dates of birth, and title of the BUYER and the BENEFICIARY.

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

BENEFICIARY: designates the natural person carrying the GIFT VOUCHER.

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

USER: designates a natural person browsing the SITE.

GENERAL CONDITIONS OF SALE AND USE: refers to these general conditions of sale and use of the E-GIFT CARDS service on the SITE.
 
1- Scope

The GENERAL 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 CONDITIONS OF SALE AND USE. If one of the provisions of the GENERAL CONDITIONS OF SALE AND USE proves to be invalid, the other provisions remain applicable. The MERCHANT reserves the right to make modifications to the GENERAL CONDITIONS OF SALE AND USE. THE USER will be able to read it on the SITE (link in the footers). Any use of the SITE after modification of the GENERAL CONDITIONS OF SALE AND USE implies full and complete acceptance in their new version.
  
2- General description of the SITE

The main function of the SITE is to allow the purchase of an E-GIFT CARD online. The purchase is made by a single person, the BUYER. The main features are listed below, in a non-exhaustive manner:
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 takes place as follows:
The BUYER chooses their visual, completes the BENEFICIARY's first and last name and can add a personal message;
The BUYER receives a PDF which will then allow him to print the gift voucher or send it by email to the recipient.
The BUYER selects the amount of his financial participation in the E-GIFT CARD for a fixed or free amount with a minimum purchase of 100 euros, completes the information relating to his first name then proceeds to payment by selecting a method of payment. payment available and fully realizing the payment method.
Once the GIFT VOUCHER is received by the BENEFICIARY by email, the BENEFICIARY will have one (1) year to spend the amount of the GIFT VOUCHER for the purchase of 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 possibility to write a personal message which will be displayed on the GIFT VOUCHER. The MERCHANT is not responsible for the texts written by the BUYER and cannot guarantee their veracity. By adding content or information, the BUYER gives his irrevocable agreement to use this content in order 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 any 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 personal content added, in its sole discretion, with or without notice.

 
4 – Issuing and sending the E-GIFT CARD
The E-Gift Card is only issued on the website www.kujten.fr.

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 of issue of the GIFT VOUCHER. The BUYER bears full responsibility for the transfer and transmission of the GIFT VOUCHER to a BENEFICIARY, a third party of his choice. The BUYER must keep secret the unique code printed on the GIFT VOUCHER and the GIFT VOUCHER. The MERCHANT cannot be held responsible in the event of an error by the BENEFICIARY, loss of support 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 assumed to automatically accept the transfer and the GENERAL CONDITIONS OF SALE AND USE
  
6 - Validity period of the E-GIFT CARD
 
The E-GIFT CARD has a validity period of one  (1) year from the date of purchase of the E-GIFT CARD.

The expiration date of the E-GIFT CARD appears on the GIFT VOUCHER.

Beyond this period, the expired E-GIFT CARD is closed and the 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 in a one (1) year period from the date of creation of the GIFT VOUCHER.

The use of the E-GIFT CARD as a payment voucher is based on the use of a code printed on the corresponding GIFT VOUCHER. The BENEFICIARY undertakes to take all measures to ensure the security and confidentiality of this code. The MERCHANT cannot be held responsible in the event of loss of support 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 in order to obtain a new electronic copy. If the BUYER has himself 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. present in the footer of the MERCHANT's website. In this case, the electronic copy will be returned to the BUYER's email address initially 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 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 throughout the MERCHANT's website in the area defined in the general conditions of sale of the MERCHANT's website.
If the balance of the E-GIFT CARD is insufficient to cover an online order, an additional payment by credit 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 several times. If after an order, there is a balance remaining on the E-GIFT CARD, this balance is valid for any other subsequent order, within the limit of 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 recredited to a new E-GIFT CARD and can then be used for a new purchase. If the BENEFICIARY had to supplement the amount of their E-GIFT CARD by bank card for their purchase, this surplus will be credited directly to their bank account.

  
8 – Cancellation, reimbursement 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 Consumer Code, the BUYER has a right of withdrawal which he can exercise within 14 days, from the date of issue of the VOUCHER GIFT, provided that the E-GIFT CARD has not been used in part or in full before the expiration of this period. To do this, 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,
modifications are in progress on the SITE and make it temporarily unusable.
10 - Price
E-GIFT CARDS are available from 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. These will be used for service management purposes linked 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 Regulations. (GDPR). Any USER, BUYER or BENEFICIARY has the right to access and rectify their personal data, as well as the right to request its erasure, to oppose their processing for legitimate reasons and to obtain limitation or portability to the extent applicable. For more information regarding the processing of personal data and the exercise of rights, we invite you to read the MERCHANT's Privacy Protection Notice, also accessible on this SITE.
  
12 - Limits of guarantees

The MERCHANT cannot guarantee the uninterrupted operation of the SITE and cannot be responsible for unavailability, suspensions, malfunctions of the SITE, in particular during its maintenance, its updating or in the event of a problem due to the Internet network. The MERCHANT implements means consistent with the state of the art intended to avoid 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 gross negligence, in particular for damages resulting from:
intrusions or fraudulent 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 will not be liable for indirect damage suffered by the USER or by a third party due to the USER, in particular financial losses and/or income and/or profits and/or profits. hoped for and/or luck and/or image disturbances. Any information or advice provided by the MERCHANT cannot be interpreted as any guarantee.
  
13 - Assistance – contact
 
For any questions relating to an online purchase, the Customer can contact KUJTEN Customer Service
  - Either, directly on the site, through 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 10 a.m. to 6 p.m.,
  - Or by mail to the following address: serviceclient@kujten.com
  
14 - Applicable jurisdiction

The GENERAL CONDITIONS OF SALE AND USE and the contractual relations between the MERCHANT 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 CONDITIONS OF SALE AND USE could give rise will be submitted to the competent court.