1. PRELIMINARY TERMS
1.1 LEGAL MENTIONS
www.thekase.com (hereinafter "the Site") is published by the company KASE WORLD WIDE (hereinafter the "publisher"), a limited liability company (LLC) with a capital of 1.027.786,00 euros, registered with the Trade and Companies Register of Luxembourg under number B 173394 and whose registered office is located at 10A, Rue Henri Schnadt, 2nd floor - L-2530 - Luxembourg. VAT identification number: LU 25910728. The publisher can be contacted by phone at +33 (0)1 76 54 84 23 or by email at the following address: firstname.lastname@example.org. The site is hosted by 1and1, whose registered office is at 7 Place de la Gare BP 70109 57201 Sarreguemines Cedex (France), and can be reached by phone at: +33 (0)970 808 911. The publication director and chief editor of the present site is Mrs Katja Felke.
The site named in these presentations is freely accessible by all internet users. Its objective is the online sale of accessories, which, as the case may be, are customizable, for smartphones and touch tablets.
1.3 ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS
Ordering on the site in question constitutes tacit acceptance by the user of these general terms and conditions. The user acknowledges at the same that he or she is well aware of this. This acceptance will in fact represent, for the user, validation of the present general terms and conditions of sale and use. Acceptance of the general terms and conditions will thus be deemed to have the same legal value as a signature from the user. The user acknowledges the evidential value of the automatic recording systems established by the site publisher and, saving the provision of evidence to the contrary, he or she waives the right to contest them in the event of a legal dispute. The acceptance of these terms assumes, for the internet users' part, that they possess the necessary legal capacity, or, if they are minors and if they lack proper authorization from a guardian or a trustee, authorization must be provided by their legal representatives.
Within the framework of the use of the customization service, customers also undertake, and without any limitation or qualification, to:
- Use the services provided by the publisher in good faith,
- Respect the rights of third parties,
- Not use the services of the site for commercial purposes,
- Comply with all laws and regulations in force,
- Not upload content that is racist, contrary to public order or morality, or in violation of any law or provision in force.
Customers will bear the sole responsibility for use of the service. They will remain accountable for their actions committed within the framework of using the said service and they will be subject to the competent courts. Any violation of these terms and conditions that result in injury or constitute a violation of laws or regulations may be prosecuted directly against the client, who releases the publisher of this service from any liability in this matter.
3. MODALITY OF PLACING ORDERS AND DESCRIPTION OF PURCHASING PROCESS
Product availability is indicated on the site, shown in the description of each item. To place an order, internet users can select one or more objects, customize them as the case may be, and add them to their shopping cart. When their order is complete, they can access their shopping cart by clicking the button provided for this purpose. Consulting their cart, users will have the option of checking the number and the nature of the items they have chosen, and they may check their unit price as well as the total price of the order. They will be able to remove one or more items from their cart. In this summary, clients will also be informed that they have the possibility or not of exercising their right of withdrawal as well as of the time limits that apply. If their order suits them and they wish to validate it, users can click on the validate button. They will then access a form in which they can either enter their credentials, if they already have them, or sign-in on site by completing the form presented them with the personal information concerning them. Once they are connected, or once they have fully completed the form, customers will be invited to verify or change their delivery and billing address. They will then be asked to make their payment, being effectively redirected to the secure payment interface. Once payment is actually received by the website administrator, the latter undertakes to acknowledge said receipt to the customer electronically, within a reasonable delay. At the same time, the publisher agrees to send the customer a summary email of the order, confirming the handling of it, restating all the information concerning the order, the products ordered, their delivery as well as how to exercise the right of withdrawal.
The prices listed on the site are understood to include any and all taxes, excluding shipping costs. These prices can be changed at any time by the publisher, are valid only on the day of the order and have no bearing on future orders. The prices available to the customer are those in effect when placing the order.Shipping fees will, in all instances, will be indicated to the client before any payment is made. To that effect, it is up to the customer to contact the customer service during the ordering process if the delivery location is not available. In case of delivery outside the customs territory of the European Union, the customer is informed that customs duties and other taxes may be required. The formalities and the payment of such duties and taxes are not the responsibility of the publisher and will in any case be borne by the customer. It is up to the customer to check all information including the possibilities of importation of the product from the relevant authorities of the country of delivery before ordering.
5. RETENTION OF TITLE CLAUSE
The products sold remain the property of the publisher until full payment of their price, in accordance with the present retention of title clause. The risks are transferred to the customer upon delivery.
6. INFORMATION REGARDING PAYMENT
The internet user can order on the present site and make payment via Paypal and credit card via Paypal.
Bank card payments are made via secure transactions provided by Paypal. Within the framework of bank card payments, the site publisher will not have any access to the user's payment details.
7. DELIVERY OR PROVISION
7.1 Pick-Up at your The Kase local store
Orders are made available in the store selected during the ordering process.
7.2 Deliveries in France (mainland)
Orders are delivered by so Colissimo or Chronopost within 48 hours after full payment is received for the order from the publisher. Certain products or order volumes may justify a longer delivery period, which will be brought expressly to the customer's attention during the validation of the order. In case of delivery of a package that is clearly and visibly damaged, incomplete or that contains damaged objects, it is up to the client to refuse it within the framework of the guarantee offered by the transporter. The customer must also inform the seller immediately to allow a new package to be prepared for him or her and shipped upon return of the damaged package. In such cases, the delivery times indicated above in these terms and conditions will no longer apply.
7.3 Deliveries in Europe
Orders are delivered by B2C Europe and Chronopost within 4 to 5 working days after full payment is received for the order from the publisher. Certain products or order volumes may justify a longer delivery period, which will be brought expressly to the customer's attention during the validation of the order. In case of delivery of a package that is clearly and visibly damaged, incomplete or that contains damaged objects, it is up to the client to refuse it within the framework of the guarantee offered by the transporter. The customer must also inform the seller immediately to allow a new package to be prepared for him or her and shipped upon return of the damaged package. In such cases, the delivery times indicated above in these terms and conditions will no longer apply.
8. DISPOSITIONS RELATIVE TO CONSUMER RIGHTS
8.1 CUSTOMER SERVICE
Customer service on the site is available from Monday – Friday, 8:00 a.m. to 6:00 p.m. (UK time) at the following standard-rate number: +33 (0)1 76 54 84 23, by email at the following address: email@example.com or by postal service at the following address: KASE WORLD WIDE, 10A, Rue Henri Schnadt, 2nd floor - L-2530 - Luxembourg. In these last two instances, the publisher undertakes to respond within two business days.
8.2 RIGHT OF WITHDRAWAL
Consumers have a period of 14 entire days, starting with the date of receipt of the package, to request a refund within their right of withdrawal. To exercise this right, they must inform the customer service per email and return the package (at their own expense) to the address provided on the delivery slip sent with the parcel. All returns must be made in full (original packaging, manuals, accessories) and returned products must be in perfect condition for resale, meaning neither worn, soiled nor damaged.
Under the provisions of the Consumer Code, consumers are not in any case be entitled to exercise any right of withdrawal on orders in which all products have been clearly personalized or made to their specifications.
9. GUARANTEE OF PRODUCTS PURCHASED ON THE PRESENT SITE
In case of a defective product purchased on the website, customers have, pursuant to the provisions of the Civil Code concerning the legal guarantee against hidden defects, and in accordance with the provisions of the Consumer Code, the legal guarantee of conformity. To exercise any of these rights, it is their responsibility to contact the publisher's customer service. A latent defect being a defect in the product which, under normal conditions of use, makes it unfit for the use for which it was intended and the requirement of conformity being understood as the replacement of the thing contractually agreed upon, the publisher of this site is not responsible for the normal wear and tear of the products, failure to follow their instructions for use, or accidental damage resulting from improper use of the products.
10. PERSONAL SPACE
10.1 CREATION OF THE SPACE
Creating a personal space is a prerequisite for any order being place by a user of the present site. To this end, members will be asked to provide certain personal information. The member agrees to provide accurate information under penalty of the customer's account being deleted. Some information will be essential to the creation of the personal space and validation of the contract. Refusal by a member to provide such information will preclude the creation of the personal space and, incidentally, the validation of the order.
This space allows the customer or member to view all orders placed on the site and edit the personal information concerning him or her. If the data contained in the personal space section were to disappear as a result of a fortuitous event, of a technical failure or in case of force majeure, the site publisher would not be liable, as such information would be of an informative nature only. The publisher, however, undertakes to safeguard securely all contractual elements the conservation of which is required by law or the regulations in effect.
The publisher reserves the exclusive right to terminate the account of any member who has violated the terms and conditions (including, but not limited to this example, when the member has knowingly provided false information during his or her registration and the creation of the personal space) or when the account remains inactive for at least a year. The said termination will not engender any damages on behalf of the excluded member, who will not be entitled to any compensation as a result.
This exclusion does not exclude the publisher from initiating legal prosecution of the member, once the facts have been established.
When creating personal space, the user will be prompted to choose a password. This password represents the confidentiality guarantee for the information contained in his or her personal space, and the user is therefore prohibited from transmitting or communicating it to others. Otherwise, the site cannot be held liable for unauthorized access to a member's account.
11. NEWSLETTER FROM THE PUBLISHER
By granting their express agreement to this end, members agree that the publisher may send them, at a frequency and in a form to be determined the publisher, a newsletter which may include information relating to its business and agree to receive commercial offers from the publisher of this site similar to those ordered products. Members will have the option of unsubscribing from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters.
12. PROTECTION OF PERSONAL INFORMATION
12.1 GENERALITIES – TERMINATION – DURATION
Internet users are free to provide personal information concerning themselves. Providing personal information is not necessary for navigating the site. However, inclusion on this site involves the collection by the publisher of a certain amount of personal information about users. Users who do not wish to provide the information needed to create a personal space cannot place an order on the site.
The data collected are necessary for the proper administration of the services offered on the site and necessary for the publisher to honor its contractual obligations. These data are to be stored by the publisher alone, and the publisher agrees not to use them in any other context or to transmit them to third parties without express consent from the users or as provided for by law. Contact information for all registered users of the site is stored for a maximum period of six months following the deletion of a personal space, the reasonable time required for the proper administration of the site and normal data usage. These data are kept under secure conditions, within the framework of the current technical means available, in accordance with the legal provisions in force.
12.2 RIGHT OF ACCESS, OF RECTIFICATION AND OF OPPOSITION
In accordance with the laws in effect, members have the right to oppose, to inquire about, access and rectify the data they provided. To do this, they need only make their request to the site publisher at the following email address: firstname.lastname@example.org, or by post to the registered address of the publisher mentioned at the beginning of these general terms and conditions. The personal data collected shall be processed electronically and are exclusively reserved to the publisher of the site. The head of processing is Jean Michel Fillipi. Declarant number: (to be determined)
12.3 IP ADDRESS
In addition, the publisher reserves the right to collect the public IP (Internet Protocol) address of each internet user. Collection of this IP address will be made anonymously, it will be retained for the same duration as the personal information and will be used only to allow for the proper administration of the services offered on the site. The IP address is a series of numbers separated by full stops/points that allow the unique identification of a computer on the internet. The publisher must disclose all personal data relating to a user to the Police (upon judicial requisition) or any person (upon judge's order). The IP address of any computer will be subject to reconciliation with the actual identity of the subscriber held by the ISP (internet service provider).
13. TERMS RELATIVE TO THE COLLECTION OF "COOKIES"
13.1 GENERALITIES – TERMINATION – DURATION
To allow all users optimal navigation on this site and a better functioning of the various interfaces and applications, the publisher may proceed with the implantation of a cookie on the user's computer terminal. This cookie is used to store information relating to the navigation of the site (date, page, hours), as well as any data entered by users during their visit (search, login, email, password). These cookies are designed to be stored on the user's computer for varying periods up to one month and can be read and used by the publisher during a subsequent visit of the user on the site.
13.2 RIGHT OF OPPOSITION TO THE IMPLANTATION OF THE COOKIE
The internet user has the option of blocking, modifying the retention period or deleting this cookie using the browser interface (in general: tools or options/privacy or confidentiality). In such a case, the navigation on this site may not be optimal. If the systematic disabling of cookies on the user's browser prevents him or her from using certain services or functionalities provided by the publisher, this malfunction cannot in any way constitute a liability for the publisher and the member will not be entitled to any compensation to that effect.
13.3 DELETION OF COOKIES
Internet users also have the option of deleting cookies previously stored on their computer by visiting the menu of their browser for this purpose (in general: tools or options/privacy or confidentiality). Such action will not affect their navigation on the site, but users will lose all benefits provided by the cookie. In this case, they will have to re-enter all the information concerning themselves.
14. EXEMPTION OF LIABILITY FOR THE PUBLISHER WITHIN THE FRAMEWORK OF THE PRESENT CONTRACT
If unable to access the site due to technical problems or problems of any kind, the customer cannot claim injury and will not be entitled to any compensation. The unavailability, even long-term and without limitation, of one or several products, does not constitute prejudice to users and cannot possibly give rise to the award of damages from the site or its publisher. The publisher will in no case be liable for non-performance or improper performance of the contract, which may in fact be directly or indirectly attributable to the customer or a case of force majeure, subject to French law.
Visual representations of products published on the website are guaranteed by the publisher to conform perfectly to the real article in order to comply with its obligation of perfect information. However, in the current state of the art, the issue of these representations especially in terms of color or shape, may vary substantially from one computer terminal to another or differ from reality depending on the quality of the graphics accessories and the screen or according to the display resolution. These variations and differences may in no case be attributed to the publisher, who will therefore in no way be held liable. The hyperlinks on the site may refer to other websites, and the publisher of this site cannot be held liable if the content of these sites violates the laws in effect. Similarly, the publisher of this site cannot be held liable if a visit by the user to one of these sites causes him or her prejudice.
15. INTELLECTUAL PROPERTY RIGHTS RELATIVE TO ELEMENTS PUBLISHED ON THE PRESENT SITE
All elements on the present site are protected by laws relative to intellectual property.
Internet users therefore agree that, in the absence of authorization, any full or partial copy and any distribution or operation of one or more of these elements, whether or not modified, will likely lead to prosecution conducted against them by the publisher or his assigns. This protection will cover all text and graphics contained on the site, and also on its structure, its name and graphic.
16. INTELLECTUAL PROPERTY RIGHTS RELATED TO DOWNLOADED ITEMS BY THE CLIENT
This site allows the Internet user to customize their smartphone and / or tablet by uploading an image of their choice. The user declares to have all the necessary rights to the use of this image including intellectual property rights. It is the obligation of the Internet user to ensure the compliance of the uploaded image to the laws and regulations in force. In this respect, THE KASE can not be made responsible for any breach of intellectual property rights of a third party.
17. MODIFICATION OF THE GENERAL TERMS AND CONDITIONS
The present general terms and conditions may be modified at any time by the site publisher or its agent. The general conditions applicable to the customer are those in force at the time of the order. The publisher obviously agrees to keep record of all its former terms and conditions and send them to any user who requests them.
18. APPLICABLE LAW AND JURISDICTION
The present general terms and conditions are subject to the application of Luxembourg law and the jurisdiction of the Luxembourg courts. The original contract language is in French. Any other version of the terms available in a foreign language on the site are for information only.
19. AMICABLE SETTLEMENT OF DISPUTES
Saving dispositions of public policy, any disputes that may arise in connection with the execution of the present terms and conditions will, prior to any legal action, be subject to the discretion of the site publisher with a view to arriving at an amicable settlement. It is expressly restated that requests for an amicable settlement do not suspend the time limits for bringing legal action.
If any provision of the present general terms and conditions were to be declared invalid by a court decision, such invalidity will not entail the invalidity of all other clauses, which would continue to produce their effect.
21. NON-WAIVER AGREEMENT
If the parties do not invoke, whether on a temporary or permanent basis, one or more provisions of the present terms and conditions, this will not engender in any case a waiver of the remaining terms and conditions.