These general terms and conditions apply between:
The Original Adventure Company
12 Chemin d'Uchaux
84290 Lagarde Paréol, France
E-mail: shop@kuruk-sportswear.com
Registered in France in the Avignon RCS under no. 839 512 993 - Company not subject to the VAT system
Editor of the website www.kuruk.shop (Publishing Director: Juliette Gracia, Host: GFCOM)
Hereinafter "KURUK"
&
Any natural person who acts for purposes that do not fall within the scope of his commercial, industrial, craft or liberal activity visiting or making a purchase via the website www.kuruk.shop
Hereafter the "Customer"
Our C.G.V. (General Terms and Conditions of Sale) aim to define the terms and conditions of distance selling via internet between KURUK and the Customer, from the order to the payment and delivery of this one. Our C.G.V. establish all the necessary steps between the placing of the order and ensure the follow-up of this order between the contracting parties.
By validating its order, the Customer acknowledges having read, understood and accepted the general terms and conditions of sale of KURUK. As these terms and conditions may be modified, the applicable terms and conditions are those in effect on www.kuruk.shp on the date the order is placed by the customer.
The Customer declares:
- have the capacity to conclude and comply with this contract (have the legal majority and not be under guardianship or curatorship)
- not purchase KURUK products for resale on its own account.
Preamble
These General Terms and Conditions of Sale apply exclusively between the company ORIGINAL ADVENTURE COMPANY d and any person visiting or making a purchase on the website www.kuruk.shop
These General Terms and Conditions of Sale may be modified, the applicable terms and conditions are those in force on the site on the date of placing the order.
You declare that you have read and accepted these General Terms and Conditions of Sale before placing your order.
Article 1: Order
On the internet: www.kuruk.shop
You declare that you are at least 18 years old and have the legal capacity to place an order on the internet.
After placing an order, we will send you a confirmation email. This e-mail constitutes our acceptance of your order and thus forms the contract between you and us.
We then inform you of the shipment of your product or products.
However, you can modify your order up to the date it is sent.
Article 2: Price and Availability
The prices displayed on the site are indicated in euros including all French taxes (French VAT) VAT not applicable, art. 293B of the CGI. We inform you of the availability of the products sold on the site on the information page of each product. If, despite our vigilance, the articles are unavailable, we will inform you by email. The shop www.kuruk.shop undertakes to ship the orders placed on this site within 48 to 72 working hours after the preparation of the goods. Some references have a delivery time of up to 10 days after preparation.
In case of impossibility (out of stock or other), the customer will be notified of the new deadline by email or phone.
In the case of an order with multiple products, not necessarily allowing a group shipment, www.kuruk.shop
reserves the possibility, then, to split shipments.
Article 3: Delivery/Shipping
The products are delivered to the delivery address you give us when ordering. The time limits indicated on the product sheet correspond to the usual processing time of shipment to which is then added the delivery time. We have chosen to deliver to you the MONDIAL RELAY and COLISSIMO service of LA POSTE as well as of the private carriers, for the care to bring to the parcels during the transport and to the seriousness of these organizations.
The shipping costs are evolutionary and different for orders placed from DOM TOM and European countries (excluding France and Spain which benefit from an independent delivery system). Finally, orders destined for international countries are subject to specific processing.
In case of a large order www.kuruk.shop, some manufacturers can send the packages directly to you without transiting through our depot in order to save time in the delivery time. Deliveries are then processed by the Chronopost, TNT and/or Exapaq or another professional carrier.
Delivery times differ depending on the order references, the stock available and the distance and accessibility of the delivery address. The delivery will be made within an average of 2 days to 15 (working) days from the validation of the order, according to the chosen brand and a maximum of 30 days from the reception of the order. As a guide, parcels sent for follow-up often arrive within 48 to 36 hours (after shipment), as long as the Post Office does not encounter internal organizational or logistical problems. These deadlines can sometimes be reduced to 24 hours (after shipment) if you live in a big city or in the suburbs. For customers who live in a remote area (countryside, mountains, etc.) these delays can be longer. We would like to point out that we could not be held responsible for the consequences of a delay in delivery. In the case of payment by cheque, the order will be processed upon receipt of the cheque. Accordingly, the applicable time limits are those on the day the cheque is received.
We would like to point out that we could not be held responsible for the consequences of a delay in delivery. In the case of payment by cheque, the order will be processed upon receipt of the cheque. Accordingly, the applicable time limits are those on the day the cheque is received.
Delivery disputes
- Colissimo delay: In the case of a delay concerning the delivery of the parcel by Colissimo, an investigation is opened. Once initiated, the Colissimo investigation can last up to 21 days (45 days for exports and DOM-TOM)
If during this time, the package is found, it will be sent back to your home immediately (majority of cases). On the other hand, if the package is not found at the end of the investigation period, Colissimo considers it lost. In this case, you must send by mail, a handwritten statement of honour stating that you did not receive your parcel accompanied by a photocopy of your identity at this address:
ORIGINAL ADVENTURE COMPANY
12 chemin d'Uchaux
84290 Lagarde Paréol
As soon as La poste confirms its responsibility for the loss of your parcel with our services, we send you a replacement parcel, at our expense. If the product or products ordered become unavailable, we will refund the amount of the products concerned.
www.kuruk.shop, is committed to managing the dispute on behalf of its client.
- Colissimo service: When you receive your package, if you notice signs of deterioration, we advise you to refuse it, it will be returned directly to us. Please inform customer service at shop@kuruk-sportswear.com with your order number and name. If there is any apparent damage after unpacking the cardboard, we ask you to contact our customer service by email: shop@kuruk-sportswear.com (recommended solution). We will then contact the provider.
- Delivery service by a service provider: As part of a delivery by our specialised carrier, we will
It is advisable to check the condition of the goods in the presence of the driver.
IMPORTANT: The mention "subject to unpacking" has no legal value and does not cover you in the event of
damage found after unpacking your package. Thus any article whose damages would not have been explicitly and precisely noted on the delivery slip, will not be subject to a recovery from www.kuruk.shop.
Article 4: Payment
You can make your payments by credit card or bank transfer.
Article 5: Securing information and payments
Payments are made with PayPal which secures transactions and guarantees you the confidentiality of your financial information.
We are committed to protecting your personal data. All personal data about you that we collect is treated with the strictest confidentiality, in accordance with the provisions of our personal data protection policy.
Article 6: Withdrawal
You have a right of withdrawal of fourteen (14) days provided by law (article L221-18 of the Consumer Code) to return the articles to us without having to justify reason. However, the goods must be returned in their original packaging. In this case, the return costs may be at your expense and we will refund the items within fourteen (14) days of receipt (Article L-221-24 of the Consumer Code). You may exercise this right on all items purchased, returned in their original packaging and not used, except for electrical appliances and items when unsealed.
The address you must return to is: ORIGINAL ADVENTURE COMPANY 12 chemin d'Uchaux 84290 Lagarde Paréol
Article 7: Reimbursement
The refund of the products (excluding shipping costs) in the case referred to in Article 8 shall be made within 14 days from the date of receipt of the product. This is done by bank cheque made out to the customer and sent to the billing address or by bank transfer.
Article 8: Retention of Title
The delivered goods remain our property until their full payment.
Article 9: Guarantees and Liabilities
Free commercial warranty construction: some manufacturers or suppliers grant a free warranty, in particular on so-called technical products. The duration and scope of the warranty varies by product and manufacturer. The existence and duration of this guarantee is indicated on the product description sheets. The conditions of this guarantee are attached to the product in question. All products sold on the website benefit from the legal guarantee of conformity (L211-1 and following of the consumer code) and the guarantee against hidden defects (articles 1641 and following of the civil code), allowing you to return defective or non-compliant Delivered Products. You are informed that the company ORIGINAL ADVENTURE COMPANY, whose registered office is 12 chemin d'Uchaux 84290 Lagarde Paréol is the guarantor of the conformity of the products to the contract within the framework of these two legal guarantees.
As part of the Legal Guarantee of Compliance:
- You benefit from a period of two years from the delivery of the good to act,
- You can choose between repairing or replacing the property, subject to the cost conditions set out in Article L.211-9 of the French Consumer Code,
- You are exempted from reporting proof of the existence of the defect of conformity of the property during the six months following the issue of the property. 24 months, except for second-hand goods (6 months).
The legal guarantee of conformity applies independently of any commercial guarantee granted. In addition, you can decide to implement the warranty against the hidden defects of the thing sold within the meaning of article 1641 of the Civil Code. In this case, you can choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
Reproduction of Articles L. 211-4, L. 211-5, L. 211-12 and L. 2011-16 of the French Consumer Code, as well as Article 1641 and the first paragraph of Article 1648 of the French Civil Code, in accordance with Article L. 211-15 of the French Consumer Code:
- Article L211-4 of the French Consumer Code: The seller is obliged to deliver goods in accordance with the contract and is liable for defects of conformity existing at the time of delivery. It shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation when the latter has been charged to it by the contract or has been carried out under its responsibility.
- Article L211-5 of the Consumer Code: To comply with the contract, the property must:
1) Be fit for the usual intended use of a similar property and, if applicable:
- correspond to the description given by the seller and possess the qualities which he has presented to the buyer in the form of a sample or model;
- present the qualities which a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, 2) Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the seller.
- Article L211-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the issue of the property.
- Article L211-16 of the French Consumer Code: When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable property, for a restoration covered by the guarantee, any fixed period of at least seven days is in addition to the remaining term of the warranty. This period shall run from the date on which the buyer applies for assistance or the date on which the property in question is made available for repair, if this is after the date on which the request for assistance was made available.
- Article 1641 of the Civil Code: If he had known them, he would have given them a lower price.
- Article 1648 al 1 of the Civil Code: The action resulting from the repulsive defects must be brought by the purchaser within a period of two years from the discovery of the defect.
For any incident encountered with the transport provider (damaged parcel, not received, lost, delivery dispute) a certificate of non detention must be completed for the processing of your claim. In case of non-delivery, you must come forward to our company. In the event of substantial differences between the pictures of the presentation of the articles on our site, texts and illustrations, and the ordered articles, our responsibility will not be engaged. We use all the means at our disposal to ensure the services covered by these general terms and conditions of sale. We are responsible for any direct and foreseeable damage at the time of use of the Site or the conclusion of the sales contract between us and you. Under no circumstances shall we be liable for commercial losses, profits, data or loss of profit or any other indirect or unforeseeable damage at the time of use of the site or the conclusion of the sales contract between us and you. The limitation of liability referred to above shall not apply in the event of wrongdoing or gross negligence on our part, in the event of personal injury or liability for defective products.
Our customer service is at your disposal by sending an email to shop@kuruk-sportswear.com or by calling 00 33 616 562 660
Article 10: Intellectual Property
All texts, comments, titles, names, trademarks, works, illustrations and images, blogs are protected under copyright and intellectual property rights and are subject to French and international copyright and intellectual property laws. As such, and in accordance with the Intellectual Property Code, any reproduction in whole or in part made without the consent of the author and the publisher is unlawful and constitutes an infringement punishable by Articles 425 and following of the Penal Code. The same shall apply to translation, adaptation, modification, arrangement or reproduction by any art or process.
Once the work is distributed, copies or reproductions are strictly reserved for private, family use. Any broadcast by press or other media means aimed at a public is prohibited and liable to criminal prosecution.
Article 11: Applicable Law and Mediation
The GTCS and more generally the contractual relations between www.kuruk.shop and its customers are subject to French law. In the absence of prior amicable settlement between www.kuruk.shop and its customers, the various relating to their contractual relationship or to the GTCS will be subject to the exclusive jurisdiction of the French courts only competent.
The consumer mediation process can only be implemented at the initiative of the consumer (the professional cannot initiate it).
The consumer may, however, bring the matter before the mediator only on condition that he has first made a written request directly to the professional concerned or his customer service to try to resolve his dispute. If this is not done, the mediation process will be inadmissible.
Applicable Law:
This contract is subject to French law. The language of this contract is French. In the event of a dispute, the French courts will have sole jurisdiction.
Processing of claims:
For any complaints you can contact the customer service at ORIGINAL ADVENTURE COMPANY, whose head office is 12 chemin d'Uchaux 84290 Lagarde Paréol
Our company adheres to the Code of Ethics of Fevad (Federation of e-commerce and distance selling).
You have a problem with an order: http://www.fevad.com/mediation
Mediation of consumer disputes:
In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, https://www.materielcoiffure-pro.com/ joins the Service du Médiateur du e-commerce de la FEVAD (Fédération du e-commerce et de la vente à distance) 60 Rue La Boétie 75008 Paris and http://www.mediateurfevad.fr
You can use the mediation service for consumer disputes related to an order made with kuruk.shop. In accordance with the rules applicable to the
mediation, any consumer dispute must be entrusted beforehand in writing to the Service Consommateur HAIRPRO-COIFFURE (70 chemin du bosquet 84290 sainte Cécile les Vignes).
The Ombudsman’s Service may, after a prior written request by consumers to ORIGINAL ADVENTURE COMPANY, refer any consumer dispute that has not been settled.
For more information on how to contact the Ombudsman: http://www.mediateurfevad.fr/index.php/espace-consommateur
Article 12: Personal information
This website is owned and operated by: ORIGINAL ADVENTURE COMPANY, headquartered at 12 chemin d'Uchaux 84290 Lagarde Paréol
The company is registered in the RCS in AVIGNON under the number: 839 512 993 - Company not subject to the VAT system: shop@kuruk-sportswear.com
Article 13: Justification and anti-fraud
As part of our fight against fraud and to ensure the smooth delivery of parcels we can carry out various automatic checks on the elements provided, such as billing, delivery and banking details. To validate your order and to be able to ship it as soon as possible, we may ask you for proof of address as well as a copy of your ID.