Terms of sale

TERMS OF SALES 

May 06 version, 2022

General conditions of sale apply at any purchase made (hereinafter the "Customer") on the website https://kikikickz.com (hereinafter the "Site") with the company KBAA CONSEIL, SAS with the share capital of 1,000 euros registered in the RCS under the number of SIREN 882570492, whose head office is located 4 place de Valois 75001 Paris , exercising its activity under the brand and brands Kikikickz and K (hereinafter the "Society" or the "Seller").

Caution : Please read the general conditions of sale and the conditions of use carefully before any online order.

For any questions and before any order, you can contact us at the following contact details:

• Telephone: +33187668843
• Mail: [email protected]

When ordering, you must have read and accepted the general conditions.

Article 1. Definitions and abbreviations

"CGU" : Terms of Service

"CGV": Terms of Sales

" Customer ; YOU " designates the natural or legal person contracting with society.

" the society ; We " designates the company KBAA Consulting working under the trade name and teaches Kikikickz

"Product (s)" designates the articles that can be delivered by the company, namely in particular pairs of shoes like "sneakers".

" User " designates anyone who uses the site.
" Site " designates the website accessible from the URL link www.kikikickz.com and its sub-sites

possibly associated.

Article 2. Applicability 2.1. Object

The purpose of these conditions are to govern the contractual conditions agreed between the customer and the company as part of the purchase of a product on the site.

2.2. Access

The general conditions are accessible at any time on the website. These general conditions available for download from the site at the time of your order will govern this purchase.

2.3. Acceptance of general conditions

Acceptance of the general conditions is carried out at the time of validation of the customer's order. By making the payment, the Customer indicates that he is unreservedly accepts these General Conditions.

The customer who accepts the general conditions guarantees being able to contract under French law or declare, if necessary, having received any necessary parental authorization and be supervised for the use of the Site and/or validly represent the person for whom he engages.

A copy of the general conditions is made available in the confirmation email of the order through a hypertext link.

The Customer undertakes to download them when receiving the email and will therefore not be able to criticize the company any breach of their provision.

By this acceptance, the Customer recognizes that, prior to any order, he benefited from sufficient information and advice from the company on the site, allowing him to ensure the adequacy of the content of his order to the needs which are his.

2.4. Modification of general conditions

The general conditions are likely to be modified by the company at any time under the conditions provided by law. These changes are enforceable against site users and customers who have joined it by creating an account and/or by placing an order. In the event of modification of the present, the applicable version is that in force on the website at the time of the order placed by the Customer. The customer can request a copy of the GTC applicable to his order at any time.

2.5. Deletion of the account

The customer can request the deletion of his user account through the form accessible in the FAQ, in the section "How to delete my account?".

Article 3. Orders

3.1. Characteristics of a product

All products are presented on the site. The site indicates the essential characteristics of these products by textual descriptions and figurative illustrations. The customer is required to read it before any order or pre -order. The customer is responsible for choosing his purchase.

It is recalled, as necessary, that the company is not an approved distributor of products on sale on the site.

The marketed products are so -called second -hand products that can be in an almost new condition, acquired from third parties or professionals. It may exceptionally happen that certain products are in a "new" state, depending on whether their sale is authorized or not a function of the applicable legislation and regulations and the rights of third parties.

The customer attests to be perfectly informed.
The state and wear of the product is therefore mentioned when ordering.

3.2. Date of the order

The date of the order is the date on which we accuse online reception of the order. The deadlines indicated on the site only start to run from this date.

We reserve the right to cancel or refuse any order from a customer with whom there is a dispute relating to the payment of a previous order.

3.3. Pre -order a product

The products can be offered in pre-registration or pre-order, that is to say set before their date of official availability / publication. In this case and unless otherwise stated on the site, payment is due immediately at the time of pre -order. Provisional dates for publication of products may evolve given the hazards relating to obtaining the product.

The Customer declares that they are perfectly informed and accept the hazards relating to delivery times.

Article 4. Prices

Product prices are likely to vary. Consequently, the applicable price will be that displayed at the time of the order.

4.1. Product prices

Prices are likely to vary. The final price of the product will be that displayed on the site at the time of the order.

The prices are expressed in euros all taxes included (TTC). In particular, they include value added tax (VAT) at the rate in force on the order date. Any modification of the applicable rate can impact the price of products from the date of entry into force of the new rate. The applicable VAT rate is expressed as a percentage of the value of the product sold, or the margin, function of the type of sale carried out (product acquired from an individual or professional).

Unless otherwise stated on the Site, the prices of the products do not include the treatment, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the site or under the general conditions, and calculated prior to the order.

We reserve the right to determine minimum or maximum control amounts according to the country from which the command is carried out and/or to which the product (s) are shipped.

4.2. Special offers

The company reserves the right to offer launching offers limited in time, promotional offers or price discounts on its product offers and to revise these offers and prices on the Site at any time, under the conditions provided by law .

The possibly applied reduction codes do not apply to delivery costs, with the exception of specific free delivery coupons. They cannot be refunded.

4.3. Evolution of prices

Given the nature of the products provided (rare or limited and second-hand or new edition), the company reserves the right to vary its prices up and down. The Customer cannot claim a variation in the price or a special offer presented on the site before or after his order and not being online on the day of his order.

Article 5. Payment Conditions

In accordance with article 1366 of the civil code, the online supply of the bank card number and the final validation of the order will be proven to be the entire order and will be due to the sums engaged by the seizure of the products appearing on the good control. The validation of the order supposing a membership of these GTCs is a signature and express sense of all the operations carried out on the site. However, in the event of fraudulent use of his bank card, the carrier of the bank card victim of fraud is invited, as soon as this use, to be contacted, without prejudice to the procedures to be carried out by him with His bank.

5.1. In the event of single payment 5.1.1. Means of payment

The price is payable in full by bank card or by Paypal

Payment data is exchanged in encrypted mode by payment providers Ayden and Paypal Express and exceptionally Stripe.

The Customer is informed that on an ad hoc basis some of these payment methods may be deactivated for administrative reasons or due to system updates.

In order to strengthen the security of online payments, the customer is informed that the company uses the 3D Secure 3D authentication system offered by Cardinal Commerce. Consequently, the parties recognize that the company is by no means responsible for any difficulty related to this service.

The card number is never transmitted or used as is but benefits from a secure encoding and encryption system. The highest safety standards are applied to the storage ofdata and comply with applicable standards. The purpose of this automated processing of data is to define a level of transactions analysis and to combat fraud with a bank card, usurpation and abusive use of your identity.

The occurrence of an unpaid one on the grounds of fraudulent use of a bank card will result in the registration of contact details in relation to the order associated with this unpaid within a file having the purpose of listing payment incidents. An irregular declaration or an anomaly may also be subject to specific treatment.

According to the information issued by the order analysis system, the company may be required to contact the Customer to ask him for additional documents in order to be able to execute the order. The supply of these parts is necessary for the validation of the order.

In order to fight against the card with the credit card, a visual verification of the means of payment can be carried out by the customer service of the company before shipment of the products.

5.1.2. Delays or refusal of payment

If the bank refuses to debit a card or other means of payment, the customer must contact the seller's customer service in order to pay the order by any other valid means of payment.

In the event that, for any reason whatsoever, opposition, refusal or other, the transmission of the flow of money due by the customer would prove impossible, the order would be canceled and the sale automatically terminated.

5.2. In the event of payment in several monthly payments 5.2.1. Terms and conditions

Payment in several times is an ease of payment granted by the company to the Customer allowing the spread of the order settlement in several times. This payment facility does not enter into the scope of consumer credit regulations (cf. art. L311-3 of the Consumer Code)

The company Alma SAS, whose head office is located 176 avenue Charles de Gaulle, 92200 Neuilly-sur-Seine, registered in the Nanterre Trade and Companies Register under number 839 100 575 Service, provides this easy payment service.

By choosing the payment in several monthly payments, the Customer admits to accept without reservation the general conditions of sale of the Alma service (accessible to the following link: https://getalma.eu/legal/terms/cgv) and recognizes that they apply any purchase paid using an Alma service.

Access to ease of payment is reserved for residents in France and holders of a bank card, Mastercard, American Express or bank cards.

In the event of payment by card, it must be valid at least a month after the date of last due date of payment ease.

Access to the Easy Payment Service is subject to the Decision of Alma, which can refuse access to the customer, in particular in the event of suspicion of fraud or risk of unpaid. The customer is committed to thisthat the service provider can take the sums due to the planned dates from his bank account. The Customer is informed that the company Alma reserves the right to block an order and to retain any amount paid in order to cover a debt of which the customer would be held with regard to Alma, in the context of another order. The customer is informed that the company is by no means responsible for such restraint.

In the event of payment in several monthly payments, the Customer consents that the claim that the company will have against him can be assigned to a third party.

It is expressly agreed between the parties that the company's financing partner, the company Alma, is an independent service provider of the company.

The company cannot therefore be held responsible for the customer of the acts or omissions of Alma.

In case of difficulty, the customer will have to turn against the company Alma.

5.2.2. Effective

The customer materializes his request for access to the ease of payment by clicking the button "pay in several times" on the Alma interface.

The seller materializes his agreement for this payment ease by the message "payment accepted" on the interface of Alma.

The customer's order is then validated and the ease of payment takes effect immediately, except when the order is suspended by Alma.

5.2.3. Costs

The Customer is informed that FES additional costs can be taken by Alma, in addition to the sale price according to the following scales:

- 0.8% of the sale price for payments in 2 times; - 1.55% of the sale price for payments in 3 times; - 2.35 % of the sale price for payments in 4 times.

It is specified that this scale is provided informally and that it has no contractual value, the really borne costs being those mentioned at the time of the meaning of Alma conditions.

5.2.4. Termination

The company may terminate the offer in the event of a false declaration on the part of the Customer (personal information, banking data). Immediate payment of the entire amount remaining can then be required.

5.2.5. Complaints

In the event of a complaint, the customer can contact the company Alma at the address [email protected].

Article 6. Deliveries

The customer has the choice of the method of delivery of his order.

The delivery :

The deadlines for preparing an order and then establishing the invoice, before shipping products in stock, are mentioned on the site. These deadlines agree outside weekends and holidays. In case Suspicion of fraud or commission of a criminal offense, these deadlines may be extended in order to allow the company to carry out the necessary checks.

An electronic message will automatically be sent to the customer at the time of shipping products, provided that the email address in the registration form is correct. The customer is solely responsible for the accuracy of the information provided for the delivery of the products.

The delivery times of the products ordered are indicated on the site (https://kikikickz.com/pages/questions-frequents). In the event of pre -order, the starting point for the delivery time corresponds to the validation of the availability in stock of the pre -ordered product.

In the absence of an indication or agreement with regard to the date of delivery, the seller delivers the product without unjustified delay and at the latest thirty (30) days after the conclusion of the contract (article L. 216-1 of the Consumer Code ), subject to the absence of elements likely to suspect fraud or the commission of a criminal offense.

Deliveries are provided by an independent carrier, to the address mentioned by the Customer when ordering and at which the carrier can easily access. Unless otherwise stated on the site at the time of the order, this carrier is DHL Express which applies its own general transport conditions that the customer can consult on his website.

When the Customer himself took charge of calling on a carrier he chooses himself, delivery is deemed to be made upon handing over the products ordered by the company to the carrier as soon as he has handed over the products sold to the carrier who accepted them without reservation. The Customer therefore acknowledges that it is to the carrier that it is up to the delivery and has no warranty recourse against the company in the event of a delivery of the goods transported.

In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the company, the related costs will be subject to additional additional invoicing, on quote previously accepted by writing by the customer.

In all cases, it is up to the customer to check in the presence of the delivery man the state of the product delivered and, in the event of damage or missing, to issue reserves on the delivery slip or on the transport receipt, and possibly refusing the product and notifying the company in writing.

The delivery times indicated may vary from the delivery contingencies of the postal services and any unpredictable event outside the company or the carrier (e.g. strike).

However, if the products ordered were not delivered within 30 days after the conclusion of the contract or has passed the period indicated on the day of the order, for any other cause thanThe force majeure or the fact of the customer, the sale may be resolved by registered letter with request for acknowledgment of receipt or by a writing on another sustainable medium, if, after having enjoined, in the same ways, the company to carry out Delivery within a reasonable additional time, the latter did not execute itself within this period.

The contract is considered to be resolved by the seller of the letter or the writing informing him of this resolution, unless the seller has been executed in the meantime.

The customer can immediately resolve the contract when the seller refuses to deliver the product or when he does not carry out his obligation to delivery of the product on the date or expiration of the period provided for in the first paragraph of article L. 216 -1 and that this date or this period constitutes for the customer an essential condition of the contract. This essential condition results from the circumstances surrounding the conclusion of the contract or an express request from the customer before the conclusion of the contract. (Article L.216-2 of the Consumer Code)

In the event of delivery abroad and if customs fees must apply to your order, these costs will be your responsibility.

In the event of exceeding delivery times by the company, the Customer has the ability to put the company to proceed with the delivery of the product within a reasonable additional time. Otherwise, the customer will have the right to resolve the contract.

Article 7. Risk transfer

Whatever the date of the transfer of ownership of the products, the transfer of the risks of loss and deterioration relating to it, in accordance with article L.216-4 of the Consumer Code, will only be achieved when The customer or a third party designated by him will physically take possession of the products.

Article 8. Right of withdrawal

The consumer or non -professional customer can withdraw from these GTCs without giving reason within fourteen (14) days from the delivery of the product. The fourteen day period is counted in calendar days from the day of delivery of the product. If the deadline expires on a Saturday, a Sunday or a public holiday, it is extended until the last hour of the next hour next day.

To exercise his right of withdrawal, the Customer must notify by email to [email protected] his decision to withdraw by means of a declaration without ambiguity. You can use the withdrawal form model below, and provide as object of the email the mention "right of withdrawal" but this is not compulsory

In the event of customer withdrawal, the products must be returned in a state compliant and identical to their reception by the customer. The right of withdrawal cannot be exercised if a product has been damaged or if it is not returned to the same state.

The sums paid are reimbursed as soon as possible and at the latest in the fourteen (14) days from receipt of the product. The company reimburses using the same means of payment as that used for the initial transaction; In any event, this reimbursement will not cause costs for the customer.

Product return costs are the responsibility of the customer.

The procedures for returning the products are specified in the article "Return of the products" modalites "to which the customer refers.

Article 9. Product return methods

The products are to be returned to the following address: Kikikickz, 36 avenue Marc Sangier, 92390 Villeuneuve-la-Garenne.

The customer must return the products in their initial packaging and packaging, as who were by the company.

Any product damaged in relation to the State in which it was sent, incomplete, or whose packaging would have been deteriorated may not be subject to any recovery, exchange or refund to the customer. Consequently, any pair of damaged shoes or presenting traces of new wear and/or odors cannot be returned, including on the basis of the right of withdrawal.

The return of the pair in its packaging must be made in a separate shipping package, such as the slip is not glued to the original packaging directly, but on the package, in order to avoid any degradation of the original packaging of the pair.

The referral package must contain a copy of the confirmation mail of the order in A4 format or a handwritten document indicating the order number and the amount set up when ordering, as well as the withdrawal form or any other declaration devoid of ambiguity as to the exercise of the right of withdrawal.

The deadline to receive this reimbursement is between seven (7) and fourteen (14) calendar days. It varies depending on the banks and the payment method used by the customer when ordering.

Unless the law has otherwise, only will be reimbursed that (i) are returned with their original packaging and labels and (ii) have not been used or worn (for textiles and shoes ).

In the event of a return not complying with the legal and/or commercial conditions provided, no refund can be due and the customer will remain the owner of the returned product, which he can come and recover at the Logistics Center located at the address that will be indicated in A period of a maximum of one month, depending on the notification of the refusal of reimbursement by the company (9:00 a.m. to 6:00 p.m. Monday to Friday).

Article 10. Legal guarantees

Apart from commercial guarantees that the company could offer for certain products, any customer has "legal" guarantees, for all products, which are detailed below, in accordance with article L.111-1 of the code of code the consumption.

The company is required of the defects of conformity of the property to the contract under the conditions of article L.217-4 and following of the Consumer Code and hidden defects of the thing sold under the conditions provided for in articles 1641 and following of the code consumption.

The Customer can exercise these guarantees by sending his request to Kikickicz, 4 place de Valois 75001 Paris or at the email address or the telephone number indicated in the preamble.

The customer must control the product at the time of delivery and in the event that the product delivered is not in accordance with its description (e.g. product error, defective, damaged or incomplete product), must make written reservations at the latest in Three (3) days following this delivery, without prejudice to the withdrawal period of fourteen (14) days.

10.1. Legal compliance guarantee

As part of the legal guarantee of compliance, the consumer customer:

Has two (2) years from the issuance of the article to act in application of the legal guarantee of compliance, reduced to six (6) months for used goods.

It is up to the ability to choose between the repair or replacement of the article ordered, subject to the cost conditions mentioned in article L.217-12 of the Consumer Code. In the event that the repair and replacement of the property are impossible, the consumer customer can make the property and be returned the price under fourteen (14) days upon receipt of the returned product or keep the good and have part of the price, within said time.

It is exempt from reporting proof of the existence of the defect in the article, during the two (2) years following the issuance of the said article, in accordance with article L.217-3 of the Consumer Code. This period is increased to one (1) year for second -hand items.

The legal compliance guarantee applies independently of any commercial guarantee which is possibly granted by the company to the customer.

10.2. Guarantee of hidden defects

According to article 1641 of the Civil Code, we are held from the guarantee of hidden defects of the product sold which make it unfit for the use to which it is intended or which decreases this use so much that the customer would not have acquired it or would have given only a lower price if he had known them.

If the customer proves the existence of hidden defects then he has the right to choose between a refund of the price of the product if he has returned or the reimbursement of part of his price if it is not.

The customer can also request a repair of the product or its replacement. But if these last two options are impossible then we are committed to returning the price of the product within thirty (30) days from the reception of the product returned to the following address: Kikickicz, 4 place de Valois 75001 Paris.

According to article 1648 paragraph 2 of the Civil Code, this action as a guarantee of hidden defects must be brought by the customer within two (2) years from the discovery of the defect.

10.3. Common to both guarantees

In the event of a lack of conformity or hidden defects noted, the customer must return the defective article. It is recalled that the legal guarantees of conformity and hidden defects require normal use of products according to the uses in force. The legal guarantee of compliance cannot be invoked by a professional customer, not subject to the provisions of the Consumer Code. These guarantees apply apart from any commercial guarantee and in all cases, the legal deadlines will apply.

In all cases, the product will be subject to an analysis directly by the manufacturer or seller, unimportant whether it is not the company.

Article 11. Data Protection (GDPR)

Nominative and location data (billing address, delivery address) requested from the Customer are necessary for the processing of their order and the establishment of invoices, in particular.

These data can be communicated to any partners of the company responsible for the execution, processing, management and payment of orders.

The processing of information communicated through the site meets the legal requirements in terms of personal data protection and security.

The Customer has, in accordance with the national and European regulations in force of a right of permanent access, modification, rectification, opposition of portability and limitation of processing with regard to information concerning him.

This right can be exercised under the conditions and according to the terms defined in the privacy policy available at any time on the site.

Article 12. Intellectual Propiety

The purchase of a product does not take the transfer of intellectual property rights that can weigh on this product in the hands of the customer, which is refrained from any act of counterfeiting.

All texts, comments, works, illustrations and images, whether visual or sound, reproduced on the site are protected under copyright, trademark law, drawings and models, patent law and right to the image, for the whole world. They are the full property of the company

As such and in accordance with the provisions of the Intellectual Property Code, only the use for private use subject to different or more restrictive provisions of the Intellectual Property Code, is authorized. Any other use constitutes counterfeit and sanctioned under intellectual property.

The company holds all intellectual property rights relating to the site, content, tools and supports of advice issued which belong to it or whose rights of use relating to it. Access to the Site does not confer any right to the user on intellectual property rights relating to the site, which remain the exclusive property of the company.

The user cannot, in any case, reproduce, represent, modify, transmit, publish, adapt, on any medium whatsoever, by any means whatsoever, or exploit in any way, all or part of the site or training support without the prior written authorization of the company.

The exploitation not previously authorized by the company, in any capacity whatsoever, of all or part of the site may be the subject of any appropriate action, in particular of an action in counterfeiting.

The Kikikickz and K signs are marks and/or logos deposited. These distinctive signs are protected by law and any unauthorized use may give rise to prosecution.

Failure to comply with this clause will be analyzed as a serious fault of the customer prejudiced to the company IL which reserves the right, in this case, to terminate the contract with the truck of the customer without prejudice to any damages.

Article 13. Limitations and exclusions of responsibility

It appears from article L. 221-15 of the consumer code, which the company as a professional, is automatically responsible for the consumer customer for the proper execution of the obligations resulting from the contract concluded at a distance.

But the company is exempt from all responsibility if it provides that the non -performance or poor execution of the contract is attributable:

• either to the customer;

• either by the unpredictable and insurmountable fact of a third party to the contract;

• either to a case of force majeure or fortuitous case

The company cannot be held responsible for the customer in the event of non -performance of its obligations resulting from a force majeure event.

Are considered as force majeure or fortuitous cases, in addition to those usually recognized by the case law of French prices and courts and without this list being restrictive: internal or external social strikes or social conflicts to the seller and his providers, including postal services, Natural disasters, fires, interruption of telecommunications, the interruption of energy supply, interruption of communications or transport of any type, national or global pandemic or any other circumstance escaping the reasonable control of society.

In these cases, the company reserves the right to modify the delivery times provided without being required by the customer to pay compensation. The customer will be notified within a reasonable time of the difficulties encountered and as far as possible of the duration of these so that the customer can decide whether or not to maintain the sale and exercise his right of withdrawal if necessary.

In the event that the Customer is not a consumer or a non -professional, the commitment of a possible responsibility of the Company cannot give rise to damages above the amount actually collected by the Company. In addition, the Customer can only claim to repair direct, personal and certain damage that he suffered. The repair of all indirect and intangible damage, such as commercial loss, operating and turnover loss or data loss of data or data loss of data or loss of data, are therefore expressly excluded.

Article 14. Partner sites - Hypertext links

The user can access, by the hypertext links present on the site at partners or third party sites, which are not governed by these general conditions. The user is therefore also invited to examine the general conditions of use, as well as confidentiality policies or any other legal information, applicable on these sites.

Article 15. Applicable law and language