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CGV

www.katoune.ch (the “Site”) are published by the Société Katoune - Catarina Sacramento Sojic, sole proprietorship located at Place Pestalozzi 4, 1400 Yverdon-les-Baons, canton of Vaud, Switzerland (hereinafter " Katoune »).

I. APPLICATIONS OF THE GENERAL CONDITIONS OF SALE

The general conditions of sale (the "CGV") detailed below apply to all orders for products and services placed via the Site (the "Products") to Katoune by any person (the "Client").

The Customer must read the T&Cs prior to any order (the "Ordered"), the T&Cs being available on the Sites.

Katoune reserves the right to adapt or modify these T&Cs at any time. The version of the T&Cs applicable to any sale being the one appearing online on the www.katoune.ch site at the time of the Order. Consequently, the fact of placing an Order requires the full prior and unreserved acceptance of the T&Cs by the Customer by clicking on the button "I have read and I accept the general conditions of sale".

II. INFORMATION ON THE SITE AND ACCESSIBILITY OF THE SITE

www.katoune.ch is a clothing and fashion accessories trading site owned and managed by Katoune.
The Sites are accessible to all users of the Internet network in principle 24 hours a day, 7 days a week, except for interruption, scheduled or not, by Katoune or its service providers, for the purposes of its maintenance and/or security or in the event of force majeure. (as defined below). Katoune cannot be held responsible for any damage, whatever its nature, resulting from the unavailability of the Site.
Katoune does not warrant that the Site will be free from anomalies, errors or bugs, or that the Site will operate without failure or interruption. In this regard, he may freely and at his sole discretion determine any period of unavailability of the Site or its content. Katoune can also not be held responsible for problems with data transmission, connection or unavailability of the network.
Katoune reserves the right to make the Site evolve, for technical or commercial reasons. When these modifications do not alter the conditions of the provision of services, in a substantial and negative way, the Customer may be informed of the modifications made, but his acceptance is not requested.

III. REGISTRATION ON THE SITE

To be able to place an Order, the Customer must first register on the Site by creating an account grouping together the Customer's information (the " Account »).
The Customer's registration on the Site is validated by Katoune after verification of the standard form completed by the Customer. The Customer receives a registration confirmation email.
When creating his Account, the Customer must ensure the accuracy and completeness of the data he provides. The Customer is required to always update his personal information. In the event of an error in the wording of the recipient's contact details, Katoune cannot be held responsible for the impossibility of delivering Products.
By registering on the Site, the Customer declares and guarantees to Katoune that he is of legal age and has the legal capacity to contract.
Katoune may delete Customer's Account at any time, for any reason, in its sole discretion.

IV. PRODUCTS

The Products offered for sale are those described on the Site on the day the Customer consults the Site, within the limits of available stocks. These indications are updated automatically in real time. However, an error in the update, whatever its origin, does not engage the responsibility of Katoune. As such,Katoune cannot be held responsible for the cancellation of an Order for a Product due to the exhaustion of stocks.
Katoune takes the greatest care in the presentation and description of its Products to best satisfy the information of the Customer. However, it is possible that errors may appear on the Site, which the Customer acknowledges and accepts.
Katoune does not guarantee the accuracy or security of information transmitted or obtained through the Site.

It is possible that the Customer receives following an Order a part previously returned by another person. It is stipulated that Katoune only accepts the return of intact and unworn Products, these two conditions being checked before returning the returned Products to stock.

V. ORDERS

Order taking on the Site is subject to compliance with the procedure set up by Katoune on the Site comprising successive stages leading to the validation of the Order.

The Customer can select as many Products as he wishes which will be added to the basket (the "Basket"). The Basket summarizes the Products chosen by the Customer as well as the prices and costs relating thereto. The Customer may freely modify the Basket before validation of his Order. The validation of the Order constitutes confirmation of the Customer's acceptance of the GCS, the Products purchased, their price and the associated costs.

A confirmation email summarizing the Order (Product(s), price, availability of the Product(s), quantity, etc.) will be sent to the Customer by Katoune. To this end, the Customer formally accepts the use of e-mail for confirmation by Katoune of the content of his Order. Invoices are available in the "my account" section of the Site.

VI. REFUSAL TO PROCESS AN ORDER

Katoune reserves the right to withdraw at any time any Product displayed on the Site and to replace or modify any content or information appearing on the latter. Despite the best efforts of Katoune to meet the expectations of its customers, the latter may refuse to process an Order after having sent the Customer the confirmation email summarizing the Order.
Katoune cannot be held liable to the Customer or a third party for the harmful consequences of the withdrawal of a Product from the Site, or the replacement or modification of any content or information appearing on this Site, or even the refusal to process an Order after the sending the confirmation email summarizing the Order.
Katoune also reserves the right to refuse or cancel an Order from a Customer with whom it has a dispute over the payment of a previous order or an objective suspicion of fraud.

VII. PRICES AND TERMS OF PAYMENT

The prices of the products are indicated on the Site in Swiss francs for Switzerland, including VAT, but excluding customs fees and other taxes. Customs fees and other taxes must be paid by the Customer directly to the carrier.

All prices displayed are calculated and include value added tax (VAT) applicable in Switzerland.
Katoune reserves the right to modify its prices at any time, but the Products will be invoiced on the basis of the prices in force at the time of registration and payment of the Order, subject to availability.
The Products are payable in cash when the actual Order is placed. Payment for purchases is made either via Paypal or via the secure platform of our payment provider Stripe.

The Customer expressly acknowledges that the communication of his bank card number to Katoune constitutes authorization to debit his Account up to the price of the Products ordered. If necessary, a notification of Order cancellation for non-payment is sent to the Customer by Katoune on the email address provided by the Customer when registering on the Site.
The data recorded and stored by Katoune constitute proof of the Order and of all past sales. The data recorded by Paypal or Stripe constitutes proof of any financial transaction between the Customer and Katoune.

VIII. DELIVERY

Deliveries are provided by the services of the Swiss Post.

Delivery means the transfer to the Customer of the physical possession of the Products (the " Delivery »).

The Delivery charges applicable to the Order are those mentioned on the Site at the time of the Order.

When Katoune takes care of the delivery of the Product, the risk of loss or deterioration of the Product is transferred to the Customer at the time of Delivery.
As an exception, the risk is transferred to the Customer when the Product is handed over to the carrier when the latter is responsible for transport by the Customer and not by Katoune.
Delivery is made to the delivery address indicated by the Customer, it being specified that this must be the residential address of the Customer, of a natural person of his choice or of a legal person (delivery to his company ). Delivery cannot be made to hotels or to PO boxes.

In the event of impossibility of carrying out the Delivery, due to an incorrect delivery address or the absence of collection by the Customer of his Order from the selected collection point or from La Poste, no reshipment can be carried out and the Customer will be refunded within five (5) days of receipt of the Order by Katoune.
Katoune delivers Orders within a maximum period of twelve (12) working days for Delivery in Switzerland and twenty (20) working days for International Delivery, this period being counted from the first working day after validation of the order. Ordered. The day after a collection is put online and from November 23 to December 31, the Delivery time may be increased by ten (10) days, given the large and exceptional volume of Orders.

In order for these deadlines to be respected, the Customer must ensure that he has communicated exact and complete information concerning the Delivery address (such as, in particular: street number, building number, staircase number, access, names and/or intercom numbers, etc.).
Katoune can not be held responsible for the delay in delivery not being its fault or justified by a case of force majeure (as defined below). If the Delivery time is exceeded, the Customer may request the cancellation of the sale and obtain, within a maximum period of fourteen (14) days of his request to this effect, the reimbursement of the sums paid on the occasion of the Order. Notwithstanding the foregoing, Katoune cannot be held responsible for the harmful consequences resulting from a delay in delivery, only reimbursement of the Product by Katoune being possible to the exclusion of any other form of compensation.

IX. RIGHT OF WITHDRAWAL - REFUNDS AND RETURNS

9.1. Deadline and procedures for exercising the right of withdrawal

In accordance with article L.221-18 of the Consumer Code, the non-professional Customer has a period of fourteen (14) days from receipt of the Order to exercise his right of withdrawal from Katoune, without having to justify its decision.

The exercise of the right of withdrawal can be done either by logging into your customer account in the "order" section, or by using and sending the model withdrawal form appearing in the appendix to the General Conditions of Sale, by email to hey@katoune.ch

9.2. Terms of return of the Order under the right of withdrawal

The right of withdrawal is exercised without penalty.

The Customer returns the Order without undue delay and, at the latest, within fourteen (14) days following the communication of his decision to withdraw in accordance with Article L. 221-21 of the Consumer Code.

Beyond this period of fourteen (14) days, the sale is firm and definitive. The Product must be returned in its original packaging, in its original condition, new, unworn, unwashed. To make a return, the Customer must follow the procedure indicated on the return form received with his Order.

The return of the Products is the responsibility of the Customer and is at his own risk.

9.3. Reimbursement of Products returned under the right of withdrawal

Reimbursement of the Order by Katoune is made no later than fourteen (14) days from the date on which it is informed of the Customer's decision to withdraw.

However, reimbursement takes place provided that Katoune was able to recover the Products subject to the return and the refund request.
Katoune makes the refund using the same means of payment as that which will have been used for the payment of the Order, unless expressly agreed by the Customer to use another. If this means of payment and insofar as it has expired, the Customer must contact customer service to modify the method of reimbursement without incurring any costs for the consumer. Katoune cannot be responsible for reimbursement on an expired means of payment.

Reimbursement of an order paid for with an e-gift card, a gift card or a credit note will be automatically refunded as a credit note.

In the absence of compliance by the Customer with these T&Cs, Katoune will not be able to refund the Products concerned. In all cases, the return costs are the responsibility of Katoune if the Product delivered to the Customer is different from the Product ordered or if it is delivered damaged.

X. WARRANTIES - LIMITATION OF LIABILITY

10.1 Limitation of liability

The responsibility of Katoune with respect to any Product purchased on the Site is strictly limited to the purchase price of the latter. Katoune will not be liable for the following losses, regardless of their origin:

  • loss of revenue or sales
  • operating loss
  • loss of profits or contracts
  • loss of expected savings
  • data loss
  • loss of work or management time
  • image damage
  • loss of opportunity, and in particular to order a Product,
  • moral damage.
The documents, descriptions and information relating to the Products appearing on the Site are not covered by any guarantee, explicit or implicit, with the exception of the guarantees provided for by law.
Katoune makes no warranty regarding any harm that may be caused by the transmission of any computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair the functionality of a computer or to interfere with the proper functioning of it, including any transmission resulting from a download of any content made by the Customer, of the software used by the latter to download the content, of the Site or of the server which allows access to it. In this regard, the Customer acknowledges that it is his responsibility to install appropriate anti-virus and security software on his computer hardware and any other device in order to protect them against any bug, virus or other programming routine of this order proving harmful.

The Customer acknowledges assuming all risks associated with any content downloaded or obtained in any other way through the use of the Site and agrees that he is solely responsible for any damage caused to his computer system or any loss of data resulting from the downloading of this content.
Katoune is only required to deliver Products that comply with the contractual provisions. The Products are considered to comply with the contractual provisions if the following conditions are met: (i) they must comply with the description and have the characteristics displayed on the Site; (ii) they must be suitable for the purposes for which such products are generally designed; (iii) they must meet the quality and resistance criteria which are generally accepted for products of the same type and which can reasonably be expected.

10.3 Terms of implementation of guarantees
As part of the legal guarantee of conformity, the Customer:

(i) has a period of two (2) years from the delivery of the goods to act;
(ii) can choose between repairing or replacing the good, subject to the cost conditions provided for in article L217-9 of the Consumer Code;
(iii) is exempted from providing proof of the existence of the lack of conformity of the goods during the two years.

The legal guarantee of conformity applies independently of any commercial guarantee granted.

The Customer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code. In this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.
For any request concerning the legal guarantees, the Customer must then contact the Customer Relations Department at hey@katoune.ch.

These provisions are not exclusive of the right of withdrawal defined in Article 9 above.

10.4 Consequences of the implementation of legal guarantees

As part of the legal guarantee of conformity, Katoune, undertakes at the Customer's choice:
- either to replace the Product with an identical product depending on available stocks,
- or to reimburse the price of the Product if the replacement of a Product proves impossible.

As part of the legal guarantee against hidden defects, Katoune, according to the choice of the Customer, undertakes, after evaluation of the defect:
- either to reimburse the full price of the returned Product, or to reimburse part of the price of the Product if the Customer decides to keep the Product.

10.5 Force Majeure

In the event of the occurrence of an event of force majeure preventing the execution of these GCS, Katoune informs the Customer within fifteen (15) days of the occurrence of this event, by email or by registered letter with acknowledgment of receipt. Expressly, are considered as cases of force majeure or fortuitous event, in addition to those usually retained by the jurisprudence of French courts and tribunals, total or partial strikes, lockouts, riots, boycotts or other actions of an industrial nature or disputes business, civil disorder, insurrection, war, act of terrorism, severe weather, epidemic, blockage of transportation or supplies for any reason, earthquake, fire, storm, flood, water damage, government restrictions or legal, legal or regulatory changes in the forms of marketing, computer failure, blockage of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal execution of the contractual relationship. All the obligations of the parties are suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the transaction concerned may be terminated at the request of Katoune or the Customer without compensation on either side. Failure to pay by the Customer cannot be justified by a case of force majeure.

XI. RETENTION OF OWNERSHIP

Katoune retains full ownership of the Products sold until full payment of the full price, in principal, costs, taxes and mandatory contributions included. The content of the website (drawings, photographs, texts, etc.) remains the property of the seller, the sole holder of the intellectual property rights to this content.
Buyers agree not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting.

XII. PARTIAL DISABILITY

If one or more stipulations of these GCS are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain their full force. and their scope.

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