TERMS OF SALES
The general conditions of sale for private customers govern the contractual relations between:
- Maison Kahuna , trade mark operated by Maison Kahuna, a micro-enterprise registered in the trade and company register under number SIRET 880 692 868 (hereinafter referred to as MAISON KAHUNA).
- Any natural person wishing to make a purchase from Maison Kahuna (hereinafter referred to as "the customer").
They apply, without restrictions or reservations, to all sales and products offered by Maison Kahuna . Consequently, the fact that any natural person orders a product offered for sale by Maison Kahuna implies full and complete acceptance of these general conditions of sale, which the customer acknowledges having read prior to his order.
At any time, Maison Kahuna may be required to modify some of the provisions of these General Conditions of Sale. Consequently, it is necessary to be aware of the version in force on the day of your order.
The customer, prior to his order, declares to have full legal capacity allowing him to engage under these general conditions of sale.
ORDER TERMS
The ordering methods are as follows:
- The customer fills his basket with products;
- The customer creates his account or registers if he is already a member of the site;
- The customer provides information concerning his delivery details;
- The customer is informed when the mode of delivery and the amount of delivery costs;
- The customer chooses his method of payment;
- The customer validates the general conditions of sale and his order;
- The customer proceeds to the payment of his order;
- Maison K ahuna then sends an order validation, by email, once the payment of the full price of the order has been made, the verification of the availability of the products ordered, the confirmation of the deadlines.
Orders are only valid if they have been expressly accepted by Maison Kahuna .
The sale will only be considered final after the provision of an order validation to the customer by Maison K ahuna and receipt by it of the full price.
Failure by the customer to comply with the obligations subscribed to under these General Terms and Conditions of Sale, and in particular concerning any payment incident, may result in the termination of his order, without prejudice to any damages that Maison K ahuna may claim .
Consequently, Maison K ahuna reserves the right to refuse any order from a customer with whom there is such a dispute.
All orders are invoiced at the price in effect on the day of invoicing. The weights, dimensions and packaging of each item and the codification are provided for information only.
PRICES AND RATES
The selling prices of the products can be modified at any time.
The selling prices of the products, indicated in euros, are those in force at the time of registration and acceptance of the order form by the Maison K ahuna company and by the customer.
The prices are indicated including processing costs (postage, packaging and preparation of the package). However, additional costs may be indicated at the time of order registration depending on the size of the order.
All prices and prices offered are exclusive of tax. They are not increased by the VAT rate, due to article 293B of the CGI.
PAYMENTS AND DISCOUNTS
Orders are payable immediately after acceptance of the order by Maison K ahuna and by its client. Our invoices are payable in advance before dispatch, by bank check, transfer or credit card via our partner PayPal.
There will therefore be no discount applied.
Maison K ahuna retains ownership of the goods sold until delivery of the goods to the customer or to the recipient designated by the customer. Failure to pay by one or the other may result in the claim of goods. These provisions do not prevent the transfer to the customer, upon delivery, of the risks of loss and deterioration of the goods purchased as well as of the damage they could cause.
DELIVERIES AND DEADLINES
The products are delivered to the department of Réunion, mainland France and the international zone.
The customer must carefully check, at the time of the order, his delivery details, while indicating a landline or cell phone number. Neither Maison K ahuna , nor the deliveryman can be held responsible for an impossibility of delivery due to an imprecision or error in the delivery address.
The delivery times indicated when confirming the order are calculated in working days and are specific to each product. Due to the production on demand of the products and the risks associated with their transport, these deadlines are likely to vary and Maison K ahuna cannot be held responsible. In any case, the delivery time of the products will not exceed twenty-four (24) weeks from the receipt by the customer of the validation of his order.
Delivery to the customer can be made by a delivery person for particularly large or heavy packages. In this case, the customer is contacted either by e-mail or by telephone directly by the delivery person so that they can arrange a delivery appointment (hereinafter, the “Appointment”). During this contact, the customer must expressly point out all the difficulties of access or passage that the deliveryman could meet during the delivery (including if they were previously indicated on the order form). The customer is particularly required to measure the access passages from his home in order to confirm to the deliveryman his accessibility to the ordered product. All additional delivery costs necessary for the rental of specific equipment (such as forklift trucks) to cope with access difficulties specified by the customer must be validated and paid by the latter prior to delivery.
In the event of impossibility of delivery on the day of the meeting due to inappropriate information, difficulties of access or passage not previously reported by the customer or the absence of the customer at the meeting in violation of the commitments made during the contact, new delivery costs may be invoiced by Maison Kahuna , who will contact the customer for payment of these new delivery costs before any re-delivery of the product. In the event of non-payment of these costs, Maison K ahuna reserves the right not to proceed with the delivery of the product. The risk of damage resulting from these constraints will also be borne by the customer.
Upon delivery, the customer must unpack the product in the presence of the deliveryman and check that the delivered product corresponds to his order and that no damage affects his product before signing the delivery slip. In the event of an anomaly, the customer must precisely enter the nature of his reservations on the delivery slip. These reservations must be handwritten, dated, detailed and accompanied by a signature on the delivery slip. The mention "damaged product" is, for example, not sufficiently explicit. The customer must provide information on the nature of the damage: scratches, dents, stains, etc. Likewise, if a delivery error is noted, the customer must specify the nature of the error: wrong color, wrong reference, etc.
In the event of error or damage, the customer must imperatively refuse the product and send us his reservations within five (5) days by e-mail and simultaneously by registered letter with acknowledgment of receipt to the address indicated below:
Maison K ahuna , 10 Impasse lotissement curial - 97460- Saint-Paul.
Any complaint sent beyond these deadlines cannot be accepted. If the customer does not express any reservations, the delivered product is deemed to be satisfactory and cannot be the subject of any subsequent dispute. For example, the customer cannot make reservations either with Maison K ahuna or with the delivery person, after the delivery person has left, even if the package has not been opened in the presence of the latter.
If the customer wishes to change the delivery address or postpone the delivery date, he must notify Maison Kahuna as soon as possible and no later than three (3) working days before the scheduled delivery date.
Apart from cases of lack of conformity or hidden defects, no complaint and / or subsequent reservation will be accepted by Maison K ahuna , after receipt of the products by the customer, if the latter has not complied with the procedure described below. above.
RETURN OF PRODUCTS
Right to retract
In accordance with Article L. 121-20 of the Consumer Code, the buyer has a period of 14 (fourteen) clear days from the day of receipt of his order by himself or by the recipient of the order, to return the entire order at his own expense and obtain, at the customer's choice, a credit note or a refund corresponding to the amount of his order.
Return management
Maison K ahuna accepts the return of any item if it is returned to our company within 15 days from the date of receipt of the order by the customer. The latter must send his request for withdrawal by email to the address "hello@maisonkahuna.com" using the return form provided.
The withdrawal request thus sent puts an end to the counting of the 14-day period which runs from receipt of the products.
The shipping costs of the return package remain the responsibility of the customer.
You are advised to contact Maison Kahuna to organize the return of the product.
The product must be returned to Maison K ahuna in new condition and in its original packaging. It must not bear any traces of use and must be accompanied by the invoice, its accessories and any instructions for use or assembly.
The right of exchange or refund only applies to the extent that the product is returned in perfect condition for resale, packaged in its original packaging, complete and showing no trace of shock, malfunction or use. . Maison K ahuna reserves the right to refuse this exchange or refund if the products received in return do not meet these conditions.
Maison K ahuna does not accept parcels sent postage due. Any risk associated with the return of the product is the responsibility of the buyer.
The initial delivery costs are not refunded to the buyer except in the cases:
- relating to the exercise of the right of withdrawal,
- or in the event of lack of conformity of the products delivered with respect to the order.
Refunds are made by check or bank transfer, and sent to the original purchaser of the product.
Once the products have been returned in accordance with the procedure described above, the reimbursement (including the initial shipping costs of the product but not the costs of returning the product) will be made within a maximum period of thirty (30) days following the date of receipt by Maison K ahuna of the returned products. Beyond this term, these sums bear interest at the legal rate.
Guarantee of non-conformity
The customer can inform Maison Kahuna of the non-conformity of the product with the object of his order after receipt of the product. For this, the customer must contact Maison Kahuna by email or phone. He will describe the non-conforming nature of the products delivered and his choice between credit note and reimbursement. Maison K ahuna will describe the procedure to be followed to return the products free of charge before receiving the credit or the refund.
This procedure cannot be used within the framework of the exercise of the right of withdrawal, in which case the costs of returning the product are entirely the responsibility of the customer.
HIDDEN DEFECTS
Maison K ahuna guarantees the customer against all the consequences of defects or latent defects which would be likely to affect the products sold.
The warranty for hidden defects protects the customer from any undetected manufacturing defects for a period of one year (1 year) from receipt of the product. It only applies if the customer proves that the identified defect existed before Maison K ahuna delivered its product to him. It is the customer's responsibility to have the product appraised at their own expense to obtain proof of the existence of the hidden defect.
Maison K ahuna's liability cannot exceed an amount equal to the amounts paid or payable during the transaction giving rise to said liability. In addition, no other compensation can be claimed by the Customer other than those expressly provided for by the French Consumer Code. It is recalled that the manufacturer is responsible in principle for everything relating to product safety on the basis of article 1386-1 of the French Civil Code.
ATTRIBUTION OF JURISDICTION - APPLICABLE LAW
The rights and obligations of the parties are governed by French law. In the event of any dispute, in demand or in defense, the competent courts will be those of the head office of Maison K ahuna without any exception or reservation, even in the event of a guarantee call or multiple defendants: this attribution of jurisdiction being valid also for referral procedures.
INTELLECTUAL PROPERTY
Maison Kahuna is a protected trademark registered with the INPI and a domain name also protected.
All elements of the Maison K ahuna site, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents.
