These conditions of service are concluded on the one hand by SAS KHASSANI with a share capital of 20,000 euros, whose registered office is located at 56 rue de Tivoli 33000 Bordeaux FRANCE, registered in the Bordeaux Trade and Companies Register under number 81849322300015 hereinafter referred to as "KHASSANI SWIMWEAR" and managing the www.khassaniswimwear.com website and, on the other hand, by any natural or legal person wishing to make a purchase via the www.khassaniswimear.com website hereinafter referred to as "the buyer".
Article 1. Object
These terms and conditions of sale are intended to define the contractual relationship between KHASSANI SWIMWEAR and the buyer and the conditions applicable to any purchase made through the website www.khassaniswimwear.com. The acquisition of a product through this site implies an unreserved acceptance by the buyer of these terms and conditions of sale, which the buyer acknowledges having read prior to his order. Before any transaction, the buyer declares on the one hand that the purchase of products on the site www.khassaniswimwear.com is not directly related to his professional activity and is limited to a strictly personal use and on the other hand to have full legal capacity, allowing him to commit himself under these general conditions of sale.
KHASSANI SWIMWEAR reserves the right to modify these terms and conditions of sale at any time, in order to comply with any new regulations or in order to improve the use of its site. As a result, the applicable conditions will be those in force at the date of the order by the buyer.
Article 2. Products
The products offered are those listed on the website www.khassaniswimwear.com of the company KHASSANI SWIMWEAR within the limits of available stocks. KHASSANI SWIMWEAR reserves the right to change the product range at any time. Each product is presented on the website in the form of a description containing its main technical characteristics. The photographs are as accurate as possible but do not bind the Seller in any way. The sale of the products presented on the website www.khassaniswimwear is intended for all buyers residing in countries that fully allow the entry into their territory of these products.
Article 3. Prices
The prices appearing on the product sheets of the internet catalogue are in Euros (€) all taxes included (TTC) taking into account the VAT applicable on the day of the order. Any change in the VAT rate may be reflected in the price of the products. The change in the currency displaying prices in USD US dollars takes into account the current exchange rate. KHASSANI SWIMWEAR reserves the right to modify its prices at any time, it being understood, however, that the price appearing in the catalogue on the day of the order will be the only one applicable to the buyer. The prices indicated do not include delivery costs, invoiced in addition to the price of the products purchased according to the total amount of the order. In metropolitan France, for any order greater than or equal to 150 euros including tax, shipping costs are free; for any order less than 150 euros including tax, a flat-rate contribution to shipping costs will be charged to the buyer according to a calculation depending on the carrier selected by the buyer as well as the geographical location of the delivery point indicated by the buyer.
Article 4. Order and payment terms and conditions
Before any first order, the buyer must create an account on the website www.khassaniswimwear.com The account creation section is accessible directly from the menu bar. At each visit, the buyer, if he wishes to order or consult his account (order status, profile...), must identify himself using this information. KHASSANI SWIMWEAR offers the buyer the opportunity to order and pay for its products in several stages, with 3 payment options to choose from:
Secure payment by credit card: the buyer selects the products he wishes to order in his "basket", modifies if necessary (quantities, references...), checks the delivery address or enters a new one. Then, the shipping costs are calculated and submitted to the buyer, as well as the name of the carrier. Then, the buyer chooses the payment method of his choice: payment by credit card. The buyer can then enter the necessary information: Cardholder's name, card number, expiry date and cryptogram. If payment is accepted, the order is recorded and the contract is definitively formed. Payment by credit card is irrevocable. In the event of fraudulent use of the latter, the buyer may demand the cancellation of the payment, the sums paid will then be credited back or refunded. The holder of a credit card is not liable if the disputed payment has been proven to have been made fraudulently, remotely, without physical use of his card. To obtain reimbursement of the fraudulent debit and any bank charges that may have been incurred as a result of the transaction, the cardholder must contest, in writing, the debit from his bank within 70 days of the transaction, or 120 days if the contract binding him to it so provides. The amounts deducted shall be reimbursed by the bank within a maximum period of one month after receipt of the written objection lodged by the holder. No costs of returning the sums may be charged to the holder.
Secure payment via Paypal system: the buyer selects the products he wishes to order in his "basket", modifies if necessary (quantities, references...), checks the delivery address or enters a new one. Then, the shipping costs are calculated and submitted to the buyer, as well as the name of the carrier. Then, the buyer chooses the payment method of his choice: "Payment by Paypal". The next step is to check all the information, read and accept these general terms and conditions of sale by ticking the corresponding box, then invite him to validate his order. Finally, the buyer is redirected to the official secure Paypal interface to securely enter his Paypal account details. If payment is accepted, the order is recorded and the contract is definitively formed. Payment by Paypal account is irrevocable. In the event of fraudulent use of the latter, the buyer may demand the cancellation of the payment, the sums paid will then be credited back or refunded.
Secure payment via Apple Pay system
The confirmation of an order implies acceptance of these terms and conditions of sale, recognition of having full knowledge of them and waiver of the right to invoke one's own terms and conditions of purchase. All the data provided and the recorded confirmation will be worth proof of the transaction. If the buyer has an e-mail address and has provided it on his order form, KHASSANI SWIMWEAR will send him by e-mail the confirmation of the registration of his order.
If the buyer wishes to contact KHASSANI SWIMWEAR, he can do so either by post to the following address: SAS KHASSANI - 56 rue de Tivoli 33000 Bordeaux FRANCE; either by email to the following address: email@example.com, or by telephone to 05 56 81 21 75.
Article 5. Retention of ownership
KHASSANI SWIMWEAR retains full and complete ownership of the products sold until full payment of the price, in principal, fees and taxes included.
Article 6. Retraction
Under Article L121-18 of the Consumer Code, the buyer has a period of fourteen working days from the delivery of their order to exercise his right of retraction and thus return the product to the seller for a refund without penalty, except for return shipping costs.
Article 7. Shipping & Returns
Deliveries are made to the address indicated on the order form, which can only be made in the agreed geographical area. Orders are placed by La Poste via COLISSIMO, delivery service with tracking, delivery without signature, DHL Express express delivery service with tracking and delivery against signature or MONDIAL RELAY relay point delivery service with tracking and delivery against signature. Delivery times are given only as an indication; if they exceed thirty days from the order, the sales contract may be terminated and the buyer reimbursed. The company KHASSANI SWIMWEAR will be able to provide the buyer by e-mail with the tracking number of his package. The buyer is delivered to his home by his postman or at a relay point if necessary. In the event of the buyer's absence, he will receive a paper or electronic delivery notice, allowing him to collect his parcel at the post office or to reschedule a delivery. The risks related to transport are borne by the purchaser from the time the items leave the premises of KHASSANI SWIMWEAR. The buyer is required to check in the presence of the La Poste employee or the delivery person, the condition of the packaging of the goods and its contents upon delivery. In the event of damage during transport, any protest must be made to the carrier within three days of delivery.
Article 8. Product warranty
All products supplied by KHASSANI SWIMWEAR benefit from the legal guarantee provided by articles 1641 and following of the Civil Code. In the event of non-compliance of a product sold, it may be returned to KHASSANI SWIMWEAR, which will take it back and refund it. All claims and reimbursement requests must be made by email to the following address: firstname.lastname@example.org, within 15 days of delivery.
Article 9. Responsibility
KHASSANI SWIMWEAR is only bound by an obligation of means in the distance selling process. Its liability cannot be held liable for any damage resulting from the use of the Internet network such as loss of data, intrusion, viruses, service disruption, or other unintentional problems.
Article 10. Customs fees
Customs fees are the responsibility of the customer, and this in its entirety: customs fees and additional customs clearance costs (processing fees, local taxes). KHASSANI SWIMWEAR shall not, under any circumstances, suffer from the payment of its expenses. The carrier, approved by the DGDDI (Direction Générale des Douanes et Droits Indirects) as a customs agent, is entitled to request payment of these costs in agreement with the country of delivery which delegates its authority to it. In the event that the customer validates his order and payment, he accepts any customs and processing fees provided for in certain countries. This tacit agreement cannot be broken, also in the case of a refusal of delivery by the customer, the latter will always remain liable for customs fees, and will be punished by them in the refund of his order.
Article 11. Intellectual Property
All the elements of the www.khassaniswimwear.com website are and remain the intellectual and exclusive property of KHASSANI SWIMWEAR. No one is authorized to reproduce, exploit, or use for any purpose whatsoever, even partially, elements of the site whether in the form of a photo, logo, visual or text.
Article 12. Modification of the general terms and conditions of sale
The seller reserves the right to adapt or modify these general terms and conditions of sale at any time. In case of modification, the general terms and conditions of sale in force on the day of the order will be applied to each order.
Article 13. Product Information
Every effort has been made to ensure the accuracy of the information presented on the selling site. However, the seller or its suppliers are not liable for any consequences, incidents, special damages resulting from electronic transmissions or the accuracy of the information transmitted, even if the seller is aware of the possibility of such damages. Product and manufacturer names and brands are used for identification purposes only.
Article 14. Applicable law
These general conditions are subject to French law. This is the case for both substantive and formal rules. In the event of a dispute or complaint, the consumer will first contact the seller to obtain an amicable solution.
Article 15. Protection of personal data
All the data you entrust to us is used to process your orders.
In accordance with the law n°78-17 of 6 January 1978 relating to data processing, files and freedoms, you have the right to rectify, consult or modify and delete the data you have provided us with. This right can also be exercised online.
Article 16. Absolute necessity case
Neither party will have failed to fulfil its contractual obligations, insofar as their execution will be delayed, hindered or prevented by a fortuitous event of absolute necessity case. This case shall be considered to be any irresistible fact or circumstance, external to the parties, unforeseeable, unavoidable, unavoidable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonable efforts.
The party affected by such circumstances shall notify the other within ten working days of the date on which it became aware of them.
The two parties will then get together, within three months, unless this is impossible due to force majeure, to examine the impact of the event and agree on the conditions under which the contract will be continued.
If the case of force majeure lasts for more than three months, these general conditions may be terminated by the injured party.
Expressly, will be considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport, earthquakes, fires, storms, floods, lightning, the stopping of telecommunication networks, wars,...
Article 17. Partial invalidity
If one or more provisions of these general terms and conditions are held not to be validated or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.
Article 18. Non-Waiver
The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to in these general terms and conditions of sale cannot be interpreted in the future as a claim to the obligation in question.
Article 19. Disputes
KHASSANI SWIMWEAR's liability is, in any event, limited to the amount of the order and cannot be held liable for simple errors or omissions that may have remained despite all the precautions taken in the presentation of the products.
KHASSANI SWIMWEAR shall not be liable to any member or third party for any indirect damage, loss of business, profit or turnover, occurring in any manner whatsoever, even if such damage or loss or prejudice was foreseeable by KHASSANI SWIMWEAR, or if its contingency had been brought to its attention.
Article 20. Customer service
For any information or question, the Customer Service of www.khassaniswimwear.com can be reached by e-mail at the following address email@example.com or by phone 02 28 21 43 24.
Article 21. Logistics service
Any return of parcels, merchandise or products must be sent to TREDELOG AGENEAU GROUP 28 BOULEVARD GASTON BIRGÉ 49100 ANGERS FRANCE, in its capacity as stock manager and parcel preparation on behalf of KHASSANI SWIMWEAR.