Terms of sale

 

Kulte.fr (hereinafter "the Website") is published by K INVEST, a simplified joint-stock company (SAS) with share capital of €75,000, whose registered office is at 2 rue Mille Hommes, Saint Jean du Falga, France, registered with the Foix Trade and Companies Register under number 824 429 039 (hereinafter "the Company").

ARTICLE 1 – SCOPE

The terms and conditions of sale set out below apply to all orders placed with K INVEST for all items and services offered on the kulte.fr website.

They are permanently available on the Website.
K INVEST reserves the right to adapt or amend these terms at any time; the version applicable to any transaction is the one published on www.kulte.fr at the time of the order. Consequently, placing an order implies full and unreserved acceptance of these terms.

Unless the law provides otherwise, the terms and conditions of sale applicable to the relationship between K INVEST and the Customer are those in force on the day the order is validated. They apply to the exclusion of all other terms.

As K INVEST does not carry out any telephone canvassing, the provisions of the French Consumer Code relating to telephone canvassing do not apply to orders governed by these terms and conditions.

ARTICLE 2 – ORDERS

Orders can only be placed on the Website. Internet connection and access costs are borne by the Customer.

Placing an order on the Website is subject to compliance with the procedure set up by K INVEST, consisting of a series of steps the Customer must follow to validate their order. Any order validated by the Customer constitutes a contract of sale and unreserved acceptance of all the terms and conditions of sale.

By law, the "double-click" process used to validate the order, combined with the authentication and non-repudiation procedure and the protection of message integrity, constitutes an electronic signature, which has the same value between the parties as a handwritten signature. Unless proven otherwise, the data recorded by K INVEST constitutes proof of all transactions between K INVEST and its customers. Confirmation of the order validated by the Customer will be sent by email before the order is shipped and will make the sale final, subject to the right of withdrawal. To this end, the Customer expressly accepts the use of email for K INVEST's confirmation of the content of their order. The Customer may keep the version of the terms and conditions applicable to a given order by saving it electronically or printing it.

ARTICLE 3 – AVAILABILITY

The products offered for sale are those described on the Website on the day the user visits it, while stocks last. Sales are concluded subject to the actual availability of the products.
If an ordered product turns out to be unavailable for reasons beyond K INVEST's control, the Customer will be informed by email. The order will be automatically cancelled and refunded. K INVEST reserves the right to offer the Customer a replacement product of equivalent quality and price.

K INVEST takes the greatest care in presenting and describing its products to inform the Customer as fully as possible. However, minor errors may appear on the Website, which the Customer acknowledges and accepts.
In any event, if the delivered product does not match its description on the Website, the Customer may either exercise their right of withdrawal or invoke K INVEST's guarantee of conformity, in which case K INVEST will refund the price (in full or in part) that may have been charged.

ARTICLE 4 – PRICES AND PAYMENT

K INVEST reserves the right to change its prices at any time, but products will be invoiced at the prices in force when the customer validates the order, subject to availability.

All prices shown include value added tax (VAT at the applicable rate) but exclude handling and shipping charges, which are shown separately at the time of ordering depending on the order's characteristics. These charges are shown to the Customer before the order validation step.

Product prices are shown in euros, including all taxes but excluding shipping. The total price of the order (including all taxes and shipping) is shown in the cart. Customs clearance and any duties or taxes are at your expense.

Products are payable in full on the day the order is placed. Products remain the property of K INVEST until the price has been paid in full.

Purchases are paid via PAYBOX by bank card. The card is charged when the order is validated.
The Customer expressly acknowledges that providing their bank card number to K INVEST constitutes authorization to debit their account for the amount of the products ordered.
The data recorded and stored by K INVEST constitutes proof of the order and of all transactions. The data recorded by PAYBOX constitutes proof of the financial transactions.

ARTICLE 5 – DELIVERY

Delivery times are expressed in business days. Deliveries are made by DPD, Monday to Saturday, depending on the option chosen by the Customer when validating their order.

Delivery is made to the delivery address provided by the Customer, which must be the Customer's home address, that of a person of their choice or that of a company (delivery to their workplace). No deliveries will be made to hotels or PO boxes.

Orders are shipped the same day or the next day. To ensure these timeframes are met, the Customer must make sure they have provided accurate and complete information about the delivery address (such as street number, building, staircase, access codes, intercom names and/or numbers, etc.).
The timeframes shown are indicative and correspond to average processing and delivery times. K INVEST cannot be held responsible for the consequences of delivery delays not attributable to it.

In the event of an unusually long delivery time or non-receipt of ordered products, the customer can contact customer service by email at contact@kulte.fr . An investigation will then be opened with the carrier to locate your parcel. This investigation may take from 3 weeks to 1 month, depending on the time of year.
If the parcel is found, it will be immediately re-sent to the address given when ordering.
If the parcel is declared lost by the carrier, the products will be re-sent (subject to stock availability) or refunded. No refund or re-shipment can be made before the investigation is closed.

ARTICLE 6 – REFUNDS AND RETURNS

Pursuant to Articles L.121-20 et seq. of the French Consumer Code, the Customer may request a refund for their items (except those bought on sale or with a promo code) within 15 days of receiving their order. Return shipping is charged to the customer at six (6) euros including all taxes. The product(s) must be returned in their original packaging and original condition — new, unworn, unwashed — together with the return slip printed from the "My account" section of the website, to the address shown on the SHIPPING & RETURNS page.

The customer must also include a copy of the invoice or any other information identifying the order concerned. Any reservations about the condition of the products (e.g. opened or damaged parcel) must be reported immediately upon delivery. If the Customer fails to comply with these conditions, in particular the return conditions, K INVEST will not be able to refund the products concerned. Returns from a country not served by kulte.fr are not eligible for a refund.

ARTICLE 7 – CONFORMITY

Photos are provided for illustration purposes. The Customer should refer to each product's description for its exact characteristics. If in doubt, or for further information, you can contact customer service by email at contact@kulte.fr .

K INVEST undertakes to refund the Customer for products that are apparently defective, spoiled or damaged, or that do not match the order. In this case, the Customer must describe the situation in detail in writing and return the product(s) within 30 days of receipt.
In any event, the customer benefits from the legal guarantees of conformity and against hidden defects, in accordance with the legal provisions in force:
Reminder of Articles L.211-4, L.211-5 and L.211-12 of the French Consumer Code, and Articles 1641 and 1648, first paragraph, of the French Civil Code:
"Article L.211-4 of the French Consumer Code: the seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made its responsibility under the contract or was carried out under its responsibility."
"Article L.211-5 of the French Consumer Code:
To comply with the contract, the goods must:
1° Be fit for the use normally expected of similar goods and, where applicable:
- correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
- have the qualities that a buyer may legitimately expect with regard to public statements made by the seller, the producer or their representative, in particular in advertising or labeling;
2° Or have the characteristics agreed by the parties or be fit for any special purpose sought by the buyer, made known to the seller and accepted by the latter."

"Article L.211-12: Any action resulting from a lack of conformity must be brought within two years of delivery of the goods."
"Article 1641 of the French Civil Code: The seller is bound by a warranty against hidden defects in the item sold which make it unfit for its intended use, or which so reduce that use that the buyer would not have acquired it, or would only have paid a lower price for it, had they known of them."
"Article 1648 of the French Civil Code, first paragraph: Any action resulting from redhibitory defects must be brought by the buyer within two years of discovering the defect."

ARTICLE 8 – WARRANTIES AND LIABILITY

For all stages of access to the website, from the ordering process to the shipment of the parcel or subsequent services, K INVEST has only an obligation of means. K INVEST cannot be held liable for any inconvenience or damage inherent in the use of the Internet, in particular a service interruption, an external intrusion or the presence of computer viruses, or any event qualifying as force majeure, in accordance with the law and case law.

In the event of force majeure, the party concerned must inform the other within fifteen (15) days of the event occurring, by registered letter with acknowledgment of receipt. The following are expressly considered cases of force majeure or fortuitous events, in addition to those usually recognized by French courts: total or partial strikes, lockouts, riots, boycotts or other industrial action or commercial disputes, civil unrest, insurrection, war, bad weather, epidemics, disruption of transport or supply for any reason whatsoever, earthquakes, fire, storms, floods, water damage, governmental or legal restrictions, legal or regulatory changes to forms of marketing, computer failures, blocking of telecommunications (including wired or wireless networks), and any other event beyond the parties' control preventing the normal performance of the contractual relationship. All obligations of the parties will be suspended for the duration of the force majeure event, without compensation. If the force majeure event lasts more than three months, the contract concerned may be terminated automatically without compensation for either party.

ARTICLE 9 – INTELLECTUAL AND INDUSTRIAL PROPERTY

All illustrations, images, fonts, presentation formats, graphics and characters on the Website are and remain the exclusive property of K INVEST or of the holders of said rights who have granted K INVEST a right of use. Any reproduction, representation or use of said rights by a Customer will constitute a fault giving rise to legal proceedings.

ARTICLE 10 – DATA PROTECTION AND PERSONAL DATA

Information and data concerning the Customer are strictly necessary for managing orders, performing and following up on the business relationship, and for internal statistical purposes.

This data may be passed on to companies involved in this relationship (such as those responsible for performing services and orders) for their management, performance, processing and payment. This data is also kept for purposes of security, identification, improvement and personalization of services.
The Customer has, at any time, a right of access to, rectification of and objection to personal data concerning them. This right can be exercised with our Customer Service by email at contact@kulte.com.

The Customer may receive from K INVEST offers for products or services similar to those already ordered, or newsletters. They may object to this at any time, free of charge, for the future, as explained in each mailing.

ARTICLE 11 – GOVERNING LAW, DISPUTES

The contract formed by acceptance of these terms and conditions is governed by French law.
The language of this contract is French.
In the event of a dispute, the French courts shall have sole jurisdiction.

ARTICLE 12 – MANDATORY LEGAL INFORMATION

The confidentiality of correspondence is not guaranteed on the Internet; it is up to each Internet user to take all appropriate measures to protect their own data and/or software from contamination by viruses circulating on the Internet.

1° Publisher
K INVEST SAS, 2 rue Mille Hommes, 09100 Saint Jean du Falga, France

2° Hosting provider
Shopify

3° Personal data
In accordance with the provisions of French Data Protection Act no. 78-17 of January 6, 1978, the website has been declared to the CNIL (French Data Protection Authority) under number 2108568 v0. All your account information is used only in connection with your business relationship with www.kulte.fr. This information is never shared with or sold to third parties. Finally, we never hold your banking information.