Terms and conditions of sale
The autour du Kitab company is registered on the Répertoire des Entreprises et des Etablissements(SIRENE), under the SIRET number 789704500020 and APE code 4791a.
Its postal address is: 24, Allée Emile Zola 91300 Massy France
Any order for a product that appears in the online store website: www.autourdukitab.fr, requires consultation and prior acceptance of these general terms and conditions of sale. The validation of the order implies full acceptance of these terms and is considered value of "digital signature".
Aim
The present terms and conditions aims at defining the rights and the obligations of the parts within the framework of the online sale of goods offered by autour du Kitab to the customer.
Order confirmation
The contractual information will be confirmed via e-mail to the address indicated by the customer in the purchase order.
Proof of the transaction
The data stored in the company autour du Kitab's computer systems in reasonable security conditions will be considered as proof of communications, orders and payments between the parts.
The filing of the purchase orders and the invoices are carried out on a reliable and lasting support being able to be produced as proof.
Information on the products
Efforts were made to ensure the accuracy of information presented on www.autourdukitab.fr. Autour du Kitab is however, not responsible for the consequences of incidents like special damages arising from electronic transmission or the accuracy of information transmitted even in case where autour du Kitab was aware of the possibility of such damages.
The names and products of brands and manufacturers are used only for identification purposes and are contractual.
Only "customized" articles like Quranic covers, for example don't show all photos of the final product, material's samples and options chosen are contractual in this case unlike photos which give you only examples of the final product.
Period of validity and price of the offer
Our prices are valid for the day.
Delivery terms
Products are delivered at the address indicated by the customer on the purchase order and only on geographical areas we serve.
All products leave our premises in perfect condition. The customer must let the carrier (or the postman) know the slightest impact of damage (holes, crushing damages etc ...) on the parcel, if needed, or to refuse the parcel. A new identical product will be sent to you without charge.
The exchange of any product declared, a posteriori, or damaged during transport without any reservation has been issued on receipt of the package cannot be taken responsibility for.
Like any dispatch, it can be delayed or it is possible that the parcel gets lost. In such cases, we contact the carrier to start an investigation. All efforts will be made to find the parcel again as long as it's needed. If needed, the shopkeeper will get his money back by the carrier and will deliver a new identical parcel at his own expense.
We decline liability or part of it, if we can bring the proof that the non-execution or incorrect execution of the contract is attributable either to the customer, or to the unpredictable and insurmountable act of a third party to the contract, or a case of emergency. (According to the paragraph 5 of article L.121-20-3 of consumption code)
Delivery problems due to the carrier
Any anomaly concerning the delivery(damages, missing product compared to the delivery slip, damaged parcel, broken products ...) must be absolutely indicated on the delivery slip as "reservations in writing" accompanied by the customer's signature.
The customer will have to confirm at the same time this anomaly, by sending to the carrier in the next two working days, following the delivery date, a recorded letter with his acknowledgment stating those aforementioned complaints.
The customer will have to send a copy of this letter to: autour du Kitab: 46 avenue saint marc 91300 Massy
Without this, we cannot proceed for an exchange.
Delivery mistakes
The customer will have to formulate to autour du Kitab within a strict period of 7 days any claim of delivery mistake and/or non-conformity of products in kind or in quality compared to indications figuring on the delivery slip.
The formulation of this claim to autour du Kitab 24, Allée Emile Zola 91300 Massy or by e-mail: contact@autourdukitab.fr
Any claim not made according to the above procedure and time periods, will not be considered and shall disclaim autour du Kitab of any liability towards the customer.
In case of delivery mistake or exchange, any product for exchange or refund will be returned to autour du Kitab as a whole and in perfect condition to: 24, Allée Emile Zola 91300 Massy
The shipping costs shall be borne by autour du Kitab, except when it is confirmed that the product does not match the original declaration, made by the customer in the good sense of ruturn.
Right to cancel
The right to cancel applies to physical persons only.
In accordance with articles L.121-20, the customer has a period of 7 calendars days to return at his expense the products that do not suit him. This period starts from the date of receipt of the customer's order. Any returns could be reported in advance at the customer service of autour du Kitab. The product must be returned to 24, Allée Emile Zola 91300 Massy.
Any products which has been damaged after receiving it will not be refunded, taken back or exchanged.
This right to cancel is exercised without penalty except for return postage fees (Article 121-20). In the case of the exercise of the right to cancel, the customer can request a refund for the amount he paid, or ask for the product to be exchanged. In the case of an exchange, the return will be at the expense of the customer.
In case of exercising the right to cancel, autour du Kitab will refund the customer, the complete money he paid within a maximum period of 30 days (Article L.121-20-1).
Rights of use
The use of trademarks displayed on the website is strictly forbidden.
Force majeure
Neither party will have failed to its contractual obligations insofar as their execution is delayed, hindered or prevented by a fortuitous event of force majeure. It will be considered a case of force majeure any fact or circumstance irresistible, external to the parties, unpredictable, inevitable, independent from the will of the parties and which cannot be prevented by them, despite all efforts reasonably possible.
The party affected by such circumstances shall notify the other party within 10 working days following the date on which he is aware.
Both parties will contact each other within a period of 3 months, except if the case of force majeure prevents them from doing so, in order to examine the consequences of the incident and to agree on how the obligations of the contract will be fulfilled.
If the force majeure lasts over a period of one month, these terms could be cancelled by the aggrieved party.
Explicitly, are considered as force majeure or fortuitous events in addition to the usually retained by the decisions of French courts and tribunals: blocking means of transport, earthquakes, fires, storms, floods, lightning, and stop of telecommunications networks or difficulties specific to telecommunication networks external to customers.
Partial non-validation
If one or several stipulations of the present terms and conditions are held to be invalid or are declared to be so in accordance of a law, a regulation or following a final decision of a court of competent jurisdiction, the remaining stipulations maintain their validity and scope.
Non waiver
The fact for one of the parties not to take advantage of a breach by the other party with any of the obligations aimed in the present terms and conditions of sale cannot be interpreted for the future as a claim to the obligation in question.
Governing stature
The present terms and conditions are subject to the French law. This applies for substantive rulesas adjectival rules.
In case of dispute or complaint, the customer will go to autour du Kitab as a priority to get an amicable solution.
Protection of personal data
All data you communicate to us, are only in order to deal with your orders.
In accordance to the law n°78-17 of 6th of January 1978 in regards to data protection act, you have at autour du Kitab a right to correction, checking, modification and deletion of data, you communicate to us. This right can be exercised online as well.
Dispute
All orders placed through www.autourdukitab.fr imply that the customer without any restriction, accepts the terms and conditions of sale of autour du Kitab.
In case of dispute, the customer can refer to the district court or crown court with regional jurisdiction in accordance with the article 46 of Book I Chapter 2 of the Civil procedure Code.
This articles foresees as a matter of principle that the plaintiff who files a legal action can refer either the court where resides the defendant or the court where the item was delivered.
In case of sale to a corporation, any disputes concerning the sale(price, terms and conditions of sale, products …)
will be subject to French law at the commercial court of the headquarters of autour du Kitab.