General Terms and Conditions of Sale of KitCielEtoile.com
SCOPE
The General Terms and Conditions of Sale – Products and services of KitCielEtoile.com (“General Terms and Conditions of Sale”) are offered to you by KitCielEtoile.com and its subsidiaries (“KitCielEtoile.com,” “we,” or “our”) and govern all sales and purchases of any product (including hardware and software) and/or services offered by us (collectively referred to as “Products”) through the KitCielEtoile.com online store available at www.kitcieletoile.com. The information stated in the General Terms and Conditions of Sale and the details contained in this online store do not constitute an offer for sale but rather an invitation to treat. No contract for products shall exist between you and us until your order has been accepted by us. If we do not accept your offer and funds have already been deducted from your account, those funds will be refunded to you.
PURCHASE OF PRODUCTS
The purchase of products from the KitCielEtoile.com online store is subject to the following general conditions:
A. YOUR COMPLIANCE
You will immediately receive an order confirmation number via email. If you do not receive any email within ten minutes, please check your spam folder. You agree to the following:
- You may only use the online store to make legitimate inquiries or orders.
- You will not place any speculative, false, or fraudulent orders. If we reasonably suspect that such an order has been placed, we reserve the right to cancel it and inform the relevant authorities.
- You also agree to provide us with correct and accurate contact information via email, postal mail, and/or other means, and acknowledge that we may use this information to contact you if necessary.
- Failure to provide us with all necessary information may result in us being unable to finalize your order.
- By placing an order on the online store, you warrant that you are at least 18 years old and legally capable of entering into official contracts.
B. PRODUCT DESCRIPTIONS AND SUPPORT
We strive to be as accurate as possible in the descriptions of our products and support services. However, we do not guarantee that the product and/or support descriptions or any other content on the KitCielEtoile.com online store are accurate, complete, reliable, current, or error-free. If you purchase a product from the KitCielEtoile.com online store and believe it does not match the description or if you believe you have not received the support provided in the limited warranty for your product, your sole recourse is to return the product in accordance with our return policy.
C. PRODUCT AVAILABILITY
All product orders are subject to availability, and in this regard, if there are supply difficulties or because products are no longer in stock, we reserve the right to provide you with information on substitute products of equal or higher quality and value that you can order. If you do not wish to order such substitute products, we will refund any amount you may have paid. We reserve the right to withdraw any product from this site at any time and/or to remove or modify any material or content from this site. While we make every effort to always process all orders, there may be exceptional circumstances that require us to refuse to process an order after sending you an order confirmation, which we reserve the right to do at any time at our sole discretion. We disclaim any liability to you or any third party if we withdraw any product from this online store, whether it has been sold or not, remove or modify any material or content from this online store, or if we refuse to process or accept an order after sending you the order confirmation. We may retain records of all orders, acceptances, and any other related documents for a reasonable period after acceptance.
D. PROMOTIONAL OFFERS
No warranty claims will be issued. Coupons and codes have no cash value, are non-redeemable, do not apply to previous purchases, can only be used once, are valid only while supplies last, and cannot be combined with any other offer or coupon. Limit of 1 coupon/code per order per household. Promotional discounts may be deducted from returns. The price reduction does not include taxes, shipping, or other charges. Void where prohibited by law or restricted. KITCIELETOILE.COM reserves the right to modify or terminate its offers at any time. The following products are excluded: bundled offers, services, subscriptions, and warranty extensions. Other exclusions and limitations may apply. The discount amount will be applied to the cart at checkout. Promotional offers only valid on the KITCIELETOILE.COM online store. This offer is provided by KITCIELETOILE.COM, 253 Avenue de la République, 30190, +33 6 20 87 51 08, contact@kitcieletoile.com.
E. ORDER CANCELLATION
We will cancel your order if: (i) we are unable to accept your order within a reasonable time from the date of your order (excluding pre-orders); (ii) payment for your order is incomplete. If we cancel your order, we will refund any prior payment you made for that product.
F. LIMITED WARRANTY
Our products come with a 2-year warranty. If we observe disassembly or non-standard use after the return of the defective product, we reserve the right not to proceed with the refund of the equipment.
G. RETURN POLICY AND CUSTOMER SUPPORT
For more information on the product return policy, please refer to this link: https://kitcieletoile.com/politique-retours-remboursements/. If you need assistance, you can contact customer service at contact@kitcieletoile.com.
PRICE AND PAYMENT TERMS
While we endeavor to ensure that all prices displayed on our online store are accurate, errors may occur. If we discover an error in the price of one or more products you have ordered, we will inform you as soon as possible and give you the opportunity to reconfirm the order at the correct price or cancel it. If we cannot contact you, the order will be considered canceled, and if you have already paid for the product(s), you will be fully refunded.
We are not obliged to sell you the product(s) at the incorrect (lower) price (even after sending you an order confirmation) if the pricing error is a clear typographical or arithmetic inaccuracy and could have reasonably been recognized by you as such.
We reserve the right to refuse orders for bulk or high-value purchases and to modify information on prices and availability without notice.
We reserve the right, at any time before our acceptance, to inform you: (i) of any revisions to the prices of products to be taken into account in any change in the cost of products. These changes include, without limitation, changes in tax or levy rates and any variation in applicable exchange rates; and/or (ii) any changes in the description of products. If you choose to proceed with the completion of your order, you acknowledge and agree that the product will be sold to you at that revised price and/or description.
The countries to which we can deliver products are indicated on the KitCielEtoile.com online store. We reserve the right to modify this list of countries.
Unless otherwise stated, all prices of Products featured on the KitCielEtoile.com online store exclude the following amounts: (i) any potential shipping charges (unless you qualify for free shipping as per the conditions defined on the KitCielEtoile.com online store); (ii) sales taxes or duties, customs fees (including, but not limited to, customs duties), import duties and taxes (if applicable); and (iii) border crossing fees (collectively, the “additional cost”). These additional costs are your responsibility.
Full payment must be made before our acceptance using the payment methods provided on the KitCielEtoile.com online store. Payment methods include major credit cards, ApplePay, and PayPal in certain regions. We will charge credit and debit cards before shipping the products or commencing any service.
You may not deduct any amount from any payment by way of counterclaim or setoff without our prior written consent. We are not responsible for billing errors if you do not inform us within fifteen (15) business days of the acceptance date. In the event that such billing error is attributable to us, we will cancel your order and/or refund any prior payment you made for that product. We will also authorize a new order of that product.
SOFTWARE
All software (including pre-loaded software contained in the hardware) is provided subject to acceptance of the end-user license agreement for such software. You agree to be bound by this end-user license agreement.
LIMITATION OF LIABILITY
IN NO EVENT SHALL KITCIELETOILE.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE ARISING FROM LOSS OF USE, DATA, OR PROFITS, REGARDLESS OF THE CAUSE AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THESE GENERAL TERMS AND CONDITIONS OF SALE, EVEN IF KITCIELETOILE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF KITCIELETOILE.COM (WHETHER FOR BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY) EXCEED THE AMOUNT PAID BY YOU FOR A PRODUCT THAT IS MOST CLOSELY RELATED TO YOUR DAMAGES. The foregoing limitations apply even if a warranty or remedy provided under this agreement fails its essential purpose. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages or other limitations set forth above. Therefore, the above limitations or exclusions may not apply to you.
Without prejudice to the foregoing and to the fullest extent permitted by law, we disclaim any liability to you if the products infringe or are alleged to infringe the rights (including intellectual property rights) of any third party.
LICENSES AND EXPORT LAWS
You are responsible for obtaining (at your expense) any license or consent from any governmental authority (or any other authority) required for the purchase, transportation, or use of the products. You agree to provide evidence of this license or consent upon our request.
You agree to comply with any export control laws or regulations that apply to the purchase, transportation, or use of the products.
YOUR RESPONSIBILITIES
You must maintain and promptly update your account information stored with us and must secure this information (including, but not limited to, your username and password) against unauthorized access.
You represent that all information you have provided to us in your order is up-to-date and sufficient for us to process your order.
You shall not undertake any warranties, commitments, or obligations on our behalf without our prior written consent.
PERSONAL INFORMATION AND PRIVACY POLICY
When you decide to purchase a product, we collect or receive your personal or non-identifiable information (as defined in our privacy policy, available at www.kitcieletoile.com. Personal information and non-identifiable information are processed in accordance with our privacy policy. By deciding to purchase a product, you agree to our privacy policy, which we may update periodically.
MISCELLANEOUS
A. APPLICABLE LAW
You agree that French law, without regard to principles of conflict of laws, shall govern both these General Terms and Conditions of Sale and any dispute that may arise between you and KitCielEtoile.com regarding your use of the KitCielEtoile.com online store and these sales conditions. If you are a consumer established in the European Union, you may file a complaint with a competent court in the country where you reside.
B. FORCE MAJEURE
KitCielEtoile.com disclaims any liability to you and shall not be held responsible for a breach of contract, for any loss or damage that may be suffered as a direct or indirect consequence of KitCielEtoile.com being prevented, hindered, or delayed in the performance of the order by circumstances beyond its control, including (but not limited to) any force majeure, war, riot, civil unrest, government action, explosion, fire, flood, storm, accident, strike, lockdown, trade dispute, or labor conflict, factory or machinery breakdown, interruption of power or supplies, and in this case, KitCielEtoile.com may choose to cancel your order and refund any payments made.
C. ENTIRE AGREEMENT
You acknowledge that these General Terms and Conditions of Sale supersede and annul any previous contract or agreement, oral or written, explicit or implicit, between KitCielEtoile.com and you concerning your ability to purchase goods or services on the KitCielEtoile.com online store. These General Terms and Conditions of Sale prevail over any other conditions contained in other agreements between the parties or referred to or implied by trade, custom, or course of dealing. Any purportedly contrary condition is hereby excluded to the fullest extent permitted by law.
D. TRANSLATION
These General Terms and Conditions of Sale are in French and shall prevail over any other translation.