1. General provisions
1.1 These Terms and Conditions of Sale ("Terms and Conditions") apply to all sales of Krama Khmer products made through the www.krama-khmer.com website.
1.2 The sale of the Products covered by these General Terms and Conditions is reserved exclusively for consumers ("Customers" or "Customer") who are natural persons, not acting in the course of a commercial or professional activity and over the age of 18.
1.3 The language in which a sales contract may be concluded via this website is French.
1.4 Customers must carefully read these General Terms and Conditions, which can be consulted on the Website so that the Customer can read them, keep a copy and reproduce them. A copy of the General Terms and Conditions will be sent to the Customer by Krama Khmer in accordance with article 5.10 below. Sales contracts executed with Customers will be archived by Krama Khmer for the retention period prescribed by applicable laws.
2. Supplier identification
2.1 Krama Khmer is a micro-enterprise and publisher of the krama-khmer.com website (hereinafter the "Website"), registered in the Mulhouse Trade and Companies Register under number 952 808 269, with its registered office at 6 rue de Froeningen - 68200 Mulhouse - FRANCE.
Manager: Eric Muller
Contact: eric@krama-khmer.com
3. Product information and availability
3.1 The Website provides information about the Products (including relevant Product codes) and applicable prices.
3.2 Krama Khmer reserves the right, at any time, to limit the quantities and/or types of Products available from its Website. The style, models and colours of the Products described on the Website are subject to change without notice. During the purchase process, an automatic response message will inform the Customer that the order cannot be processed due to the unavailability of the Product ordered; Krama Khmer shall not be liable to the Customer for the unavailability of the Product prior to the conclusion of the contract.
3.3 The maximum number of copies of each Product that may be included by the Customer in its order proposal is six units.
3.4 Under no circumstances can Krama Khmer be held responsible for errors occurring as a result of a failure in the Customer's connection to the Website.
4. Awards
4.1 The prices of the Products appearing on the Website are indicated in Euros, and include all applicable taxes and charges. Delivery costs, where applicable, must be added to the price of the Products and will be indicated separately on the order form, in accordance with the principles laid down by the applicable laws.
4.2 Krama Khmer regularly checks the accuracy of the prices of Products on the Website; however, Krama Khmer cannot guarantee that the Website is error-free. In the event that a pricing error is detected, Krama Khmer shall refuse the order and offer the Customer the opportunity to purchase the Product at the correct price. If the error is detected after the order has been accepted, Krama Khmer will also give the Customer the opportunity to cancel the order.
5. Performance of the contract
5.1 The essential characteristics and price of each Product are displayed on the Website. The information displayed on the Website does not in any way represent an offer by Krama Khmer.
5.2 Before placing an order via the Website, the Customer must carefully read all the instructions communicated to him/her during the purchase procedure (including any delivery charges, the conditions of the right of withdrawal and the policy on the protection of personal data), as well as these General Terms and Conditions.
5.3 To purchase Products, the Customer must (i) include the selected Products in the shopping basket by clicking on the corresponding button, (ii) complete the order proposal, (iii) choose the payment method, (iv) accept the General Terms and Conditions and (v) send the order proposal to Krama Khmer via the Website.
5.4 Sending the order constitutes a proposal to purchase the Products selected, subject to these General Terms and Conditions, and is binding on the Customer, subject to the right of withdrawal provided for in article 10. Sending the order proposal by the Customer entails the Customer's obligation to pay the price of the Products ordered.
5.5 Any errors or changes in the data entered by the Customer in the order proposal may be validated by the Customer by following the process described on the Website before sending the order proposal (by way of example: the Customer may decide to modify the quantity of Products he/she wishes to purchase by adding or removing one or more items from his/her shopping basket).
5.6 The order proposal and Customer data relating to the order proposal will be retained by Krama Khmer for the period required under applicable law, as set out in the Privacy Policy.
Krama Khmer may refuse any order proposal within 30 days of receipt of said proposal. In this case, no consideration will be due by the Customer to Krama Khmer. Krama Khmer may refuse an order proposal in the following circumstances (by way of example, without limitation): (i) the Products are not available (subject to the provisions of clause 3.3); or (ii) activities are declared or suspected to be unlawful or fraudulent, including purchases suspected to have been made for commercial purposes; or (iii) the Customer has failed to fulfil its obligations under a previous contract with Krama Khmer.
5.8 The contract between Krama Khmer and the Customer is concluded upon receipt by the Customer of Krama Khmer's acceptance of the order proposal ("Order Confirmation"). Krama Khmer's acceptance (or rejection) must be communicated to the Client by email to the address communicated by the Client in the Order Proposal.
5.9 In the event that one or more of the Products is unavailable, the Customer will receive an e-mail informing him/her, as appropriate, of the unavailability of the Products. In such a case, the proposed order will be cancelled or partially accepted only for the Products that are available. In the event of partial acceptance, the Customer must pay (or will be debited, if paying by credit card) only the price of the Products available.
5.10 In accordance with the provisions of article L.121-19-1 of the French Consumer Code as described below, the Order Confirmation will include a summary of the essential characteristics of the Products purchased, a detailed indication of the price and methods of payment, information on delivery costs, where applicable, information concerning the Contact at Krama Khmer, information on the conditions and methods for exercising the right of withdrawal, including information on the exclusion of the right of withdrawal for personalised Products, the address to which complaints may be sent, and information on after-sales services and existing commercial conditions (if applicable). It will also contain a copy of these Terms and Conditions.
5.11 Once the Order Confirmation has been sent to the Customer, the order can no longer be cancelled or modified. However, Products sent may be returned as indicated in article 10 below.
5.12The risk of loss or damage to the Products passes to the Customer when the Customer (or a third party indicated by the Customer and other than the carrier) has acquired physical possession of the Product.
6. Method of payment
6.1 Payment of the price of the Products included in the order proposal, as well as applicable taxes and delivery costs, where applicable, must be paid by the Customer by bank card or Paypal.
6.2 Krama Khmer accepts the following credit cards: Visa and Mastercard
6.3 Transactions will be charged to the Customer's credit card only after: (i) the credit card details have been verified; (ii) authorisation to charge the card has been received from the issuer of the card used by the Customer; and (iii) the availability of the Products has been confirmed by Krama Khmer.
6.4 In certain cases (such as, for example, the purchase of customised Products), which will be notified to the Customer before the Customer can submit the order proposal, the transaction will only be debited from the Customer's credit card after: (i) the credit card details have been verified; and (ii) authorisation to debit the card has been received from the issuer of the card used by the Customer.
6.5 Subject to the provisions of article 6.4, no debit will be made at the time of transmission of the order proposal, with the exception of any temporary charges required to check the validity of the credit card. It is understood that once the order has been executed, the said temporary charges will be cancelled and replaced by the amount payable by the Customer. Furthermore, in the event that the order is cancelled, these temporary charges will also be permanently cancelled.
6.6 If, for any reason whatsoever, it is impossible to debit the amount payable by the Customer (or to obtain the amount due available in Krama Khmer's bank account in the event of a bank transfer) within the specified time (see point 6.6 above), the contract will not be performed and the order will be cancelled.
6.7 For each order, Krama Khmer shall send the Customer an invoice for the Products by e-mail or by post, in accordance with the applicable law or regulation. The invoice will be drawn up according to the information provided by the Customer at the time of the order. No changes may be made to the invoice once it has been issued.
7. Transport and Delivery
7.1 The Products purchased will be delivered, on working days, by a delivery service chosen by Krama Khmer (hereinafter the "Delivery Service"). The Products will be delivered to the address given by the Customer in the order proposal.
7.2 Except in cases of force majeure or the occurrence of unforeseeable circumstances, the Products purchased will be delivered within 3 days of the date indicated on the Order Confirmation. If delivery is not made within the period specified above, the Customer may cancel the Contract and Krama Khmer shall, without undue delay, refund any sums paid under the Contract.
7.3 Upon delivery of the Products by the Delivery Service, the Customer (or a nominated representative) shall: (i) ensure that the number of items delivered corresponds to what is stated on the delivery note; (ii) ensure that the packaging and seals are intact, undamaged or have not been wetted or tampered with in any way; (iii) sign the delivery receipt; and (iv) if requested by the Delivery Service, produce his/her identification. Any damage to the packaging and/or the Product, or any discrepancies between the number of items and the supporting documents must immediately be indicated in writing on the Delivery Service's delivery receipt. Subject to any provisions to the contrary in the applicable laws, once the Delivery Service document has been signed and no objection has been raised by the Customer, the Customer may no longer raise any objections to the external characteristics of the package delivered, it being understood that the Customer is recognised as having the right to raise objections at a later date in relation to other characteristics associated with the Products in accordance with the conditions set out in article 13 below.
7.4 Delivery costs, where applicable, will be borne by the Customer and will be mentioned separately on the order form and on the invoice.
7.5 Customs duties, VAT and other taxes : Customs duties or other local taxes or import duties or state taxes such as VAT may be payable in certain cases. These duties and sums are not the responsibility of the seller. They are the responsibility of the buyer (declarations, payment to the relevant authorities, etc.). In this respect, the seller invites the buyer to obtain information on these aspects from the relevant local authorities.
8. Dispatch and confirmation of delivery
8.1 Krama Khmer shall send the Customer a dispatch confirmation by email once the Products have been dispatched and a further email once the Products have been delivered.
9. Taping or wrapping
9.1 Products purchased from the Website are delivered in Krama Khmer's standard packaging.
10. Right of withdrawal
10.1 In accordance with article L.121-21 of the French Consumer Code, as described below, the Customer has the right to withdraw from the contract, which may be exercised without giving any reason within a period of 14 (fourteen) days from the date on which the Customer (or his/her representative duly authorised to receive the Products) physically takes possession of the Products and, in the event of partial delivery, of the last Product.
10.2 In order to exercise his/her right of withdrawal, the Customer must, within the period mentioned in article 10.1 above, send by email or by post - the attached withdrawal form, duly completed and signed; or - a communication of his/her intention to exercise his/her right of withdrawal in accordance with article L121-21 of the French Consumer Code; such communication must include the following information: (i) an indication of the Product for which the Customer wishes to exercise his/her right of withdrawal; (ii) the order number; and (iii) in the event that the Customer purchases the Product by bank transfer, the Customer's IBAN code to which the refund can be made;
To the following address
6 rue de Froeningen
68200 Mulhouse
France
eric@krama-khmer.com
10.3 Within 10 days of notification of withdrawal (sent in accordance with Article 10.2 above) the Customer must return the Product purchased to Krama Khmer, 6 rue de Froeningen, 68200 Mulhouse, France. Unless otherwise indicated on the Website, the cost of returning the Products shall be borne by the Customer. The Products shall be returned in their original condition, unaltered, unused, undamaged, and with their original labels attached to the Products. In the event of a reduction in the value of the Products resulting from the Customer's handling of the goods going beyond what is necessary to establish the nature, characteristics and functioning of the goods, Krama Khmer reserves the right to refuse the return of the Products. The Customer is solely responsible for any decrease in value of the Products resulting from the Customer's handling of the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods.
10.4 Krama Khmer shall refund all payments received from the Customer, including any delivery charges, within 10 days of receiving the returned Products, or after the Customer provides Krama Khmer with proof of return of the Products, whichever is the earlier. The refund will be made by Krama Khmer using the same method of payment as that used by the Customer for the initial transaction, unless the Customer has expressly agreed to another method and provided that the Customer does not incur any costs in connection with such refund.
11. Customised and other special products
11.1 In accordance with article L121-21-8 of the French Consumer Code as described below, the right of withdrawal does not apply to (i) orders for personalised Products, such as, for example, those with the Customer's initials inscribed on the Product; (ii) those which are likely to be easily damaged or out of date; (iii) and those which cannot be returned due to their nature (e.g. Product which was sealed and then opened by the Customer), or for reasons of hygiene.
12. Replacement of Products
12.1 Without prejudice to the Customer's rights under Articles 10 and 13, and except for customised Products, Krama Khmer authorises the replacement of Products purchased on the Website, in accordance with the following procedure:
(I) once the Products have been received, the Customer must contact Krama Khmer without delay by email at eric@krama-khmer.com ;
(II) then, the Customer must complete the form provided with the delivered Products that the Customer wishes to exchange, clearly indicating the code and size of the new Products that the Customer wishes to receive (the codes and sizes are indicated on the website);
(III) within a maximum of 10 days from the date of delivery of the Product, the Product to be replaced must be returned by the Krama Khmer Customer in the same condition in which it was delivered, with the labels attached to the Products and the form indicated in point 12.1 (II) above. Unless otherwise indicated on the Website, the costs of returning the Products shall be borne by the Customer.
12.2 The Products shall be returned in their original condition, unaltered, unused, undamaged and with their original labels attached. In the event of a reduction in the value of the Products resulting from the Customer's handling of the goods going beyond what is necessary to establish the nature, characteristics and functioning of the goods, Krama Khmer reserves the right to refuse to exchange the Products. The Customer is solely responsible for any decrease in value of the Products resulting from the Customer's handling of the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods.
12.3 The amount paid by the Customer will be refunded by Krama Khmer, by the same method of payment used by the Customer to initially purchase the Product, within 10 days after the returned Products have been delivered to Krama Khmer.
12.4 The exchange will be accepted by Krama Khmer subject to the availability of the desired new Products.
12.5 The exchange is treated by Krama Khmer as a new order from the Customer subject to the same obligations and conditions set out in these General Terms and Conditions as for the initial order. In particular, if the Products that the Customer wishes to exchange were initially paid for by credit card, Krama Khmer will first refund to this card the price initially paid by the Customer and then debit the price of the new Products requested in accordance with Article 6.3 above. If the initial payment was made by bank transfer and the price of the new Products requested is the same as that paid by the Customer for the Products he/she wishes to exchange, Krama Khmer will retain the sum initially paid by the Customer; if the price is different, Krama Khmer will refund the difference - or ask the Customer to pay the difference, as the case may be.
13. Non-compliance
13.1 If a Product sold by Krama Khmer has manufacturing defects or an alleged lack of conformity of the Products sold by Krama Khmer, the Customer must immediately contact the online after-sales service by e-mail at eric@krama-khmer.com, or by post at the following address:
6 rue de Froeningen
68200 Mulhouse
France
eric@krama-khmer.com
13.2 The legal guarantees set out in articles L211-4 to L211-14 of the French Consumer Code, as described below, apply to the sale of Products. According to these articles, the Customer has the right to have the Products brought into conformity, free of charge, either by being replaced or repaired (it being specified that the Customer will have the right to choose whether the Product is repaired or replaced, within the limits provided by law) or, in the event of the impossibility of one of the above remedies (in accordance with article L211-10 of the Consumer Code), the right to an appropriate reduction in the sale price of the Products or the right to terminate the contract. The Customer loses these rights if it does not notify Krama Khmer of the lack of conformity within 30 days from the date on which the Customer detected such lack of conformity.
13.3 If the Customer wishes the Product to be repaired or replaced on the grounds of non-conformity in accordance with clause 13, Krama Khmer shall bear the cost of returning the Product for repair or replacement and all costs associated with delivering the repaired or replaced Product to the Customer.
14. Guarantee of authenticity and intellectual property rights
14.1 Krama Khmer guarantees the authenticity of all Products purchased on the Website. Products bearing the Krama Khmer trademark are produced from Cambodian materials and by Cambodian artisans.
14.2 The "Krama Khmer" trademark, all figurative and/or three-dimensional trademarks appearing on the Products, accessories or relevant packaging, as well as all illustrations, images and locations protected by copyright and, in general, all intellectual property rights relating to the Products, are and remain the exclusive property of the Krama Khmer companies.
15. Applicable law and jurisdiction
15.1 These General Terms and Conditions, and consequently any contracts entered into with Customers, shall be governed by and construed in accordance with French law.
15.2. Disputes relating to or arising from these General Terms and Conditions shall fall within the territorial jurisdiction of the competent courts of the Customer's domicile or place of residence.
16. Contacts
16.1 For further information and assistance in relation to the Website or online shopping methods, the Customer may contact Krama Khmer at one of the contact details set out below:
6 rue de Froeningen
68200 Mulhouse, France
eric@krama-khmer.com
17. Consumer services & Consumer ombudsman
17.1 Recourse to the consumer service: In the event of a disagreement or complaint concerning a service or product related to The Company, the consumer customer may send a substantiated complaint to our customer service department:
By post: 6 rue de Froeningen, 68200 Mulhouse, France
By e-mail: eric@krama-khmer.com
17.2 You can contact the Mediation officer using the details below:
http://www.mcca-mediation.fr/
Consumer mediation is an out-of-court dispute resolution process whereby a consumer and a professional attempt to reach an agreement on an amicable solution to a dispute between them, with the help of a third party, the mediator. If the parties fail to reach an amicable agreement, the mediator proposes a solution to settle the dispute.
It is therefore an alternative to legal action, which is often long and costly. However, consumers still have the option of going to court if mediation is unsuccessful.
IMPORTANT: Complaints must be made to the Mediation officer within one year of the consumer's written complaint to the professional.
The complaint may only be referred to the Mediation officer if the professional fails to reply within 60 days.
