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www.katoune.ch (the "Site") are published by the Company Katoune - Catarina Sacramento Sojic, individual reason 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 through the Site (the"Products") from Katoune by any person (the"Client").

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

Katoune reserves the right to adapt or modify these T & Cs at any time. The version of the GTC applicable to any sale is the one appearing online on the site www.katoune.ch at the time of the Order. Consequently, the fact of placing an Order requires the entire prior acceptance and, without reservation, of the GTC by the Customer by clicking on the button "I have read and I accept the general conditions of sale".

II. SITE INFORMATION AND SITE ACCESSIBILITY

www.katoune.ch is a clothing and fashion accessories store owned and managed by Katoune.
The Sites are accessible to all users of the Internet network in principle 24 / 24h, 7 / 7d, except interruption, scheduled or not, by Katoune or its service providers, for the needs of its maintenance and / or security or in case 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 guarantee that the Site will be free from anomalies, errors or bugs, or that the Site will operate without breakdown or interruption. In this regard, he can freely and at his own 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 modify the Site, for technical or commercial reasons. When these changes do not substantially and negatively alter the conditions for the provision of services, the Customer may be informed of the changes made, but their acceptance is not sought.

III. REGISTRATION ON THE SITE

To be able to place an Order, the Customer must first register on the Site by creating an account containing the Customer's information (the " Account »).
The Customer's registration on the Site is validated by Katoune after checking 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 inability to deliver 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 enter into a contract.
Katoune may delete the Client's Account at any time, for any reason, at 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 exhaustion of stocks.
Katoune takes the greatest care in the presentation and description of its Products to best satisfy the Customer's information. 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 will receive, following an Order, a part previously returned by another person. It is stipulated that Katoune only accepts the return of Products intact and unworn, these two conditions being checked before returning the returned Products to stock.

V. ORDERS

Ordering on the Site is subject to compliance with the procedure put in place by Katoune on the Site comprising successive steps 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 recapitulates the Products chosen by the Customer as well as the prices and related costs. The Customer may freely modify the Basket before validating his Order. The validation of the Order constitutes confirmation of the Customer's acceptance of the GTC, Products purchased, their price and associated costs. 

A confirmation email summarizing the Order (Product (s), price, availability of Product (s), quantity, etc.) will be sent to the Customer by Katoune. To this end, the Customer formally accepts the use of electronic mail for confirmation by Katoune the content of its 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 Site. Despite the best efforts of Katoune to meet the expectations of its customers, the latter may have to refuse to process an Order after having sent the Customer the confirmation email summarizing the Order.
Katoune cannot be held responsible towards the Customer or a third party for the harmful consequences of the withdrawal of a Product from the Site, or of the replacement or modification of any content or information appearing on this Site, or of the refusal to process an Order after the 'sending of 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

Product prices are indicated on the Site in Swiss francs for Switzerland, VAT included, but excluding customs fees and other taxes. Customs charges 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 rates in effect at the time of registration and payment of the Order, subject to availability.
The Products are payable in cash at the time of the actual Order. 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 Authorization to debit their Account up to the price of the Products ordered. Where applicable, an Order cancellation notification 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 kept by Katoune constitute proof of the Order and of all past sales. The data recorded by Paypal or Stripe constitute proof of any financial transaction between the Customer and Katoune.

VIII. DELIVERY

Deliveries are made by the services of La Poste Suisse.

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

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

When Katoune is responsible for the delivery of the Product, the risk of loss or damage to 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 address must be the residence 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 PO boxes.

If it is impossible to make the Delivery, due to an incorrect delivery address or the lack of withdrawal 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 the Orders within a maximum period of principle of twelve (12) working days for a Delivery in Switzerland and twenty (20) working days for an international Delivery, this period being counted from the first working day after the validation of the Ordered. The day after a collection goes 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 they have communicated exact and complete information concerning the Delivery address (such as, in particular: street, building, staircase number, access, names and / or intercom numbers, etc.).
Katoune cannot be held responsible for the delay in delivery that is not his fault or justified by a case of force majeure (as defined below). If the Delivery deadline is exceeded, the Customer may request the cancellation of the sale and obtain, within a maximum period of fourteen (14) days of his request for this purpose, 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 the 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 modalities 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 their customer account in the "order" section, or by using and sending the model withdrawal form 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 final. 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 slip received with his Order.

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

9.3. Refund of returned products 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 is made subject to the Katoune was able to recover the Products subject to the return and the refund request.
Katoune make the refund using the same means of payment as that which was used for payment of the Order, unless the Customer expressly agrees to use another. If this method of payment and to the extent or has expired, the Customer must contact customer service to change the reimbursement method does not incur costs for the consumer. Katoune cannot be responsible for reimbursement on an expired means of payment.

The refund of an order paid with an e-gift card, a gift card or a credit note, will be automatically refunded with the credit note. 

In the absence of compliance by the Customer with these GTC, Katoune will not be able to reimburse 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 regard to any Product purchased on the Site is strictly limited to the purchase price of the latter. Katoune will in no way be responsible for the following losses, regardless of their origin:

  • loss of income 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 chance, 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, express or implied, 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 a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise deteriorate a functionality of a computer or interfere with the proper functioning of the same, including any transmission resulting from a download of any content carried out by the Customer, of the software used by the latter to download the content, from the Site or from the server which provides access to it. In this regard, the Customer acknowledges that it is his responsibility to install anti-virus and appropriate 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 to be harmful.

The Customer acknowledges that he assumes all the 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 set out 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 be reasonably expected.

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

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

The legal guarantee of conformity applies regardless of any commercial guarantee granted.
 
The Customer may decide to implement the guarantee against hidden defects of the item sold within the meaning of article 1641 of the Civil Code. In this case, he can choose between canceling the sale or reducing the sale price in accordance with Article 1644 of the Civil Code.
For any request concerning 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, agrees at the choice of the Customer:
- either to replace the Product with an identical product depending on available stocks,
- or to reimburse the price of the Product if it proves impossible to replace a Product.

As part of the legal guarantee against hidden defects, Katoune, according to the Customer's choice, 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 an event of force majeure preventing the execution of these T & Cs, Katoune inform the Customer of this within fifteen (15) days of the occurrence of this event, by email or by registered letter with acknowledgment of receipt. Expressly, are considered as force majeure or fortuitous event, in addition to those usually retained by the case law of French courts and tribunals, total or partial strikes, lockouts, riots, boycotts or other industrial actions or disputes. commercial, civil disturbance, insurrection, war, act of terrorism, inclement weather, epidemic, blockage of means of transport or supply for any reason, earthquake, fire, storm, flood, water damage, government restrictions or legal, legal or regulatory changes in the forms of marketing, computer failure, blocking of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal performance 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. RESERVE OF OWNERSHIP

Katoune retains full ownership of the Products sold until full receipt of the full price, in principal, costs, taxes and compulsory 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 over 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 liable to constitute an offense of counterfeiting.

XII. PARTIAL INVALIDITY   

If one or more stipulations of these GTC are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force. and their scope.

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