General terms of sale

GENERAL TERMS AND CONDITIONS OF SALE

  1. OBJECT

The purpose of these general conditions of sale is to define the terms of distance selling, from ordering to payment and delivery, between:

The company WIKAS SAS, with a capital of 30,000 euros, having its registered office at 4 rue Emile Walter, 67700 Saverne, France, and registered with the Registre des Entreprises under the number 850 813 064.

Hereinafter referred to as "We," and

The Internet user wishing to make a purchase on the online store www.kimwimmer.fr,

Hereinafter referred to as "You."

We are setting up a retail business, through the online store connected to the Internet network, of products to individuals. The general conditions of sale regulate all the steps necessary for the placing of the order and ensure the follow-up of the latter between the contracting parties. The order implies the irrevocable adhesion to the general conditions of sale which is materialized by Your validation of payment. The general conditions of sale being able to be the subject of modifications, the applicable conditions are those in force on our online store at the date of the placing of your order.

You declare:

  • Have the capacity to enter into this contract;
  • Not to use the products purchased from our online store for commercial purposes, but to limit their use to purely private use.
  1. PRODUCTS - PRICES

The products offered for sale are those listed on the online store www.kimwimmer.fr on the day of your consultation.

The products are offered for sale within the limits of available stocks. The products presented as available on the online store are actually physically reserved for the needs of sales made on the online store. When products are out of stock, they are temporarily out of stock. You have the possibility of informing your e-mail address so that we can inform you when the product will be available again. In case of permanent unavailability, the products are removed from the online store.

The photographs of the products are a faithful representation of reality. However, depending on the settings of your screen, the colors of the products may appear slightly different from the actual products. You are invited to consult the detailed characteristics of each of the products.

The prices are indicated on the website.

Prices are indicated in euros inclusive of all taxes (thus including the VAT applicable on the day of the order on the French territory) and excluding delivery costs which remain at your charge. The delivery costs are indicated at the time of the order, before Your final validation. They can also be consulted in our GTC.

We reserve the right, at any time, to add new products, to remove all or part of the products sold or presented on our online store, to change their presentation and to modify their prices. The products will be invoiced on the basis of the rates in force at the time of validation of the order.

  1. PERSONAL DATA

In order to place an order, you are asked to provide some of your personal information.

We will not distribute your personal information to other companies unless you check the box "Receive offers from our partners."

Your personal data will be used by our company for distribution of newsletters, promotional offers, news, etc.

You are responsible for maintaining the confidentiality of your password; in case of any doubt about fraudulent use of your account, it will be your responsibility to contact us without delay.

You are responsible for the accuracy of the personal information provided in your account. Any errors that prevent the completion of the sale will be your responsibility.

  1. COMMENTS

When You wish to place an order, You choose the different product(s) of your choice by clicking on "ADD TO CART".

A summary of your order is also available to validate the identification of the products ordered and the desired quantity. You must then accurately enter the information necessary for your identification for billing and delivery of the order. Once all this information is entered and confirmed, you definitively validate your order by clicking on the "PAY NOW" button.

The order confirmation constitutes an irrevocable commitment on your part which can only be called into question in the cases restrictively provided for by these conditions, and in particular by the exercise of the customer's right of withdrawal. This validation has the same value as a handwritten signature.

Any order implies express and irrevocable acceptance of the prices and descriptions of the products available for sale. The order is therefore deemed firm and can only be cancelled with our consent and under conditions that will compensate him for any prejudice or damage caused by this cancellation. In case of unavailability of the ordered product, You will be informed and the refund of the sums paid will be made without delay and at the latest within thirty days of the payment of the said sums.

If You already have a customer account, You must identify yourself. If you are a new customer, you must fill in the fields that are offered to you in order to create your customer account and thus communicate your contact information.

The order will be processed immediately.

Once the order is placed, an e-mail will be sent to You confirming the taking into account of the latter. The taking into account of the order does not mean acceptance. We reserve the right to block an order for any reason (temporary unavailability of the product, existing dispute with the customer, default of payment, country of delivery, etc.). We have a period of 5 working days to find a solution and keep You informed of the outcome of your order.

For any questions regarding your order, You can contact us via our contact form.

  1. SPECIFIC CONDITIONS APPLIED TO THE MAKING OF CUSTOM PRODUCTS

This paragraph contains the specific terms related to the sale of custom-made products.

These terms override all terms defined in these T&Cs for the sale of custom-made products.

CUSTOMIZED PRODUCTS

The existing products offered on our online store can be custom made.

The selling price is increased, it is specified in the product sheet. The time including the making and delivery is 2 to 4 weeks.

The time of delivery is 2 to 4 weeks.

Once the order is placed, you will receive an e-mail asking you the necessary information such as your measurements, your size...

In order to make you live this unique experience, we send you the pictures so that you can follow the steps of making your item.

CUSTOMIZED ON SINGLE ITEMS

We accept orders for unique items.

These items are designed individually to meet a specific need of our customers, design work and feasibility analysis are required upstream of the project.

For more information on this type of order, please refer to the menu "The Brand", then in the section "The custom-made" or by clicking on this link.

The selling price will be defined after study of the project; an estimate specifying the terms of sale (price, delivery time, terms of payment) for acceptance will be made and validated by You before launching the making.

As an exception to these T&Cs, the payment terms for unique custom-made items are as follows:

  • Payment of the design: 400 EUR HT;
  • Down payment at the time of order of 50% of the total project, minus the design payment;
  • Payment balance before delivery.

In the event that the project is not validated by the client, the design payment corresponding to the intangible service (sketches and material research) will not be refunded and will be regularized by an invoice.

For more information, please contact us via our contact form.

CUSTOMIZED RETURN METHODS

All custom made products are non-returnable unless our team is responsible for the non-conformity between the order and the delivery. For this, we thank you to send us by e-mail, the withdrawal form by attaching the evidence.

  1. PAYMENT AND SECURITY

Payment is made online by credit card: CARTE BLEUE, VISA, MASTERCARD. Payment of the full price is due at the time of order.

The 3D Secure Checkout system is an additional layer of security for online credit and debit card transactions. It adds an authentication step for online payments by redirecting the user to the card issuer's domain and then back to the online store's domain to complete the payment. 

During checkout, provide your credit card number, expiration date and cryptogram. Various accesses to authorization servers are then made to verify the data to avoid abuse and fraud. During the payment operation, the server is in encrypted mode and all the information transmitted is coded. Nothing is transmitted unencrypted over the internet.

Payment will be debited to your bank account, the day of validation of the order.

In case your bank refuses to debit your credit card, the transaction will be put on hold until the transaction is actually paid. In the event that the transaction cannot be validated, the order will be cancelled and the sale terminated.

  1. GIFT CARD

You can order the Gift Card from our online store.

The Gift Card is nominative and can only be used by the registered beneficiary when purchasing the Gift Card.

The Gift Card corresponds to an intangible item that can be used for full or partial payment on a subsequent purchase. The amount of the Gift Card corresponds to the amount paid during the commercial transaction.

The Gift Card is a non-tangible item that can be used for full or partial payment during a subsequent purchase.

These T&Cs are applicable to the Gift Card. Transfer of ownership is deemed to occur on the day the Gift Card is sent to you.

The Gift Card is a gift from a third party.

Our Gift Card has a validity period of one year, the period starts on the day of transfer of ownership. Any total or partial amount not used within one year will be permanently lost.

Our Gift Card is valid for one year.

Our Gift Card is not redeemable for cash; it is redeemable with a valid number, in the specified currency.

It is the responsibility of the Gift Card recipient to ensure that the Gift Card code is not lost or misused. In the event of a dispute, it is your responsibility to contact us immediately. We will not be liable for the loss of the Gift Card code and its fraudulent use.

  1. DELIVERY AND TERMS

An invoice is established for each order and will be sent to you by email after delivery.

The delivery note will be inserted in the package containing the item(s) ordered. If an incident occurs during the registration of the order, it is null and void and you will have to repeat the ordering procedure.

Free delivery:
- France: 2-4 working days.
- Europe in the European Union: 3-7 working days.
- Other countries: 5-14 working days.

Our responsibility will not be engaged in the event of delay of delivery whose reason would be related to movements of strike, a blocking of the means of transport, bad weather or any other case being able according to the French law to be qualified of Force Majeure. In case of significant delay, we commit ourselves to compensate you by offering you the delivery costs on your next purchase.

At the time of ordering, you must carefully check the delivery address. This information is confidential and engage you as the only responsible in case of error in the wording of the delivery coordinates, not allowing the delivery of the order.

When placing the order, you are asked, for a delivery in France, to choose a mode of delivery and the relative shipping costs.

A single order containing several items can be delivered in several packages separately.

We reserve the right to choose the carrier and guarantee the proper delivery of the products, based on the information you have given us.

You must ensure the good condition of the package before opening the package. Any dispute concerning transport (damage, damaged packaging, open, etc.) must be systematically reported by the recipient within 24 hours to the carrier. This written report of the carrier is essential for a possible request for reimbursement.

In the event that the recipient does not pick up his package within the allotted time (8 days after shipment), the products will be returned to us and we reserve the right to reimburse the price of the items, the shipping costs remaining at your charge.

  1. TRANSFER OF OWNERSHIP

The products are subject to a retention of title clause until full payment of the order. Nevertheless, the transfer of risks and obligations will occur at the time of your receipt of the goods from the carrier.

  1. WARRANTY

All our products benefit from the legal regime of the guarantee, provided that the use was normal and that the maintenance advice was followed, in accordance with Articles L211-1 and following of the Consumer Code. All claims must be sent by e-mail via our contact form.

  1. RETURN AND EXCHANGE

CONDITIONS AND TERMS
You have according to the article L 121-20 and following of the French code of consumption a period of 14 clear days to exercise your right of withdrawal. This 14-day period runs from the date of receipt of the order. After this period, the products delivered will be deemed accepted.
The return and exchange of products, in case of exercising the right of withdrawal, is considered to be carried out correctly if the following conditions are fully met:

  • The products must not have been worn, worn, modified, washed or damaged;
  • All products offered for sale have a label attached by a single-use seal;
  • We invite you to try the items without removing the label or the corresponding seal as returned products will not be accepted if they are without it;
  • Products must be returned whole and unused, in their original packaging;
  • The products must be returned in a single shipment, accompanied by any items offered;
  • The returned products must be returned to the carrier of your choice within fourteen (14) days from the date on which you exercised your right of withdrawal.

The costs and risks of return are the responsibility of the customer.

In the event of a non-conformity between the order and the delivery, the provisions relating to the return of the product described above are applicable. We will endeavor to deal with this non-conformity in an urgent manner and we will take the cost of reshipping the product at our expense.

All custom-made products cannot give rise to return unless our team is responsible for the non-conformity between the order and the delivery. For this, we thank you to send us the withdrawal form with the evidence.

As soon as the return is received and checked, and at the latest within 14 days, the returned product(s) will be reimbursed by crediting the customer's bank card again.

The articles must imperatively be accompanied by the delivery slip or the invoice.
They must comply with all return requirements cited in the "Requirements" section above.
We reserve the right to refuse any return that does not comply with the above conditions.
We will always use quality packaging to ensure maximum protection when delivering the products.
Our customers agree to return the products in the same quality packaging that we will have used in the initial delivery.

If your return request is accepted by our team, you will receive a confirmation email. The package must be returned to the following address: Kim Wimmer, 19 rue Erckmann Chatrian, 67700 Saverne, France.

RETURN FORMTRACTATION
Please copy, complete and return this withdrawal form to the following email address: kim@kimwimmer.fr

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Bonjour,

I confirm that the items meet the requirements for exercising my right of withdrawal. 

I wish to return the items below:

First and Last Name:

Order date:

Order number:

Item Reference:

Return pattern number:

01. Unknown
02. Size was too small
03. The size was too big
04. I changed my mind
05. The item did not match the description
06. I received the wrong item
07. The item is damaged or defective
08. The style does not fit me
09. The color is not realistic
10. Other, please specify

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  1. CONFIDENTIALITY

The personal information is mandatory in the context of distance selling, the latter being necessary for the processing, delivery of orders and the establishment of invoices. This information is however strictly confidential.

We have appointed Mrs.

We have appointed Ms. Kim Wimmer as our Data Protection Officer (DPO).

The DPO is your contact person for any questions regarding the processing of personal data. You can contact us at the following e-mail address: kimwimmerparis@gmail.com

You are also informed that we make use of browser cookies. These cookies are used in order to improve and personalize the service for our customers. We inform you that you can object to the storage of "cookies" by configuring your browser.

  1. INTELLECTUAL PROPERTY

All elements of the www.kimwimmer.fr online store are protected by French and international intellectual property laws. All reproduction rights are reserved.

All texts, photos, videos, models, etc. composing the pages of this online store may not be the subject of any representation or reproduction, in whole or in part, on any medium whatsoever, without the express prior authorization of WIKAS SAS.

The W Coeur "With Love" logo and the Kim Wimmer brand were registered with the INPI in 2021. Their total or partial reproduction, made from the elements of this site is formally prohibited and will be subject to legal proceedings.

  1. RESPONSIBILITY

WIKAS SAS has, for all stages of access to the site, the ordering process, delivery or subsequent services, an obligation of result.

WIKAS SAS shall not be liable in the event that the non-performance of the contract arises from an unforeseeable and insurmountable act of the customer, any other third party, any inconvenience or damage inherent in the use of the Internet network (breakdown of service, external intrusion, presence of a computer virus, etc.) or from a fact qualified as force majeure as defined, in accordance with the case law of the French courts.

  1. VALIDITY OF THESE CONDITIONS AND CHANGES.

These terms and conditions apply for the duration of the online availability of the items offered by WIKAS SAS, and are subject to change.

In the event that any of the clauses of this contract are null and void due to a change in legislation, regulations or by a court decision, this shall in no way affect the validity and compliance with the other clauses of these general terms and conditions of sale.

The fact that the seller does not avail itself of one of the clauses of these terms and conditions, does not in any way imply a waiver to avail itself of it in the future, nor even a waiver to avail itself of any other clause.

These terms and conditions are the 11/06/2021 version of our GTCs. They are valid for all orders received from 11/06/2021 and until the next update in the online store.

  1. SOCIAL MODULES

Buttons and spaces featuring Facebook, Instagram, Twitter or Youtube content (hereafter referred to as SOCIAL MODULES) may appear on other websites to create a more "social" experience. The sites you access do not receive your information. The content of these social modules comes directly from the SOCIAL MODULES. When you click "Like" or write a comment using a social module, your activity is posted on the SOCIAL MODULES and shown to your friends, who can view the module on the same site. Things you like can also appear on your profile.

  1. APPLICABLE LAW

All matters relating to these GTCs as well as to the sales they govern, which are not dealt with by these contractual stipulations, shall be governed by French law. The parties agree that these terms and conditions are subject to French law.