General terms and conditions of sale
These General Terms and Conditions of Sale are those of the company Kamad reworked SARL, registered in the Trade and Companies Register of Paris under number 901085639, whose intra-community VAT number is FR 13901085639 and whose registered office is at 15 avenue marthe 91390 Morsang-sur-orge, France.
2. Scope and acceptance of the General Terms and Conditions of Sale
The purchase of Products offered on the website www.kamad.fr (hereinafter the "Site") is subject to these general terms and conditions of sale of the Site (hereinafter the "GTC").
KAMAD may update these Terms and Conditions at any time.
The Customer can view the current version of the Terms and Conditions at any time by clicking on our website.
The terms and conditions in force at the time of conclusion of the sales contract are those which are binding on the Customer.
Furthermore, for each purchase of Products on the Site, the Customer will be asked to confirm acceptance of these Terms and Conditions in effect on the date the order is placed. These Terms and Conditions are displayed when the Customer is asked to confirm their acceptance. To indicate this acceptance, the Customer must check the box "I have read and agree to the Terms and Conditions of Sale of the kamad.fr website".
3. Ordering Procedures
Any order placed on the Site constitutes express acceptance of the Terms and Conditions and acceptance of the prices and Products available for sale on the Site.
* Ordering process
Customers wishing to place an order must follow the following procedure:
1. Product Selection: The Customer must select the Product they wish to order.
2. Verification of the content of the Customer's selection: the Customer verifies the contents of their basket while retaining the possibility of removing the Products they have selected.
3. Identification: The Customer must create an account by filling in the identification form made available to him and indicating the information requested (mandatory information: title, last name, first name or company name, address, email, password, telephone number for delivery).
4. Customer Order Verification: The customer verifies the contents of their order, the total price, and the delivery and billing addresses, while retaining the option to remove a product or modify the billing and delivery addresses. The customer confirms their delivery and payment methods. The customer must confirm their acceptance of these Terms and Conditions by checking the corresponding box. Order validation is only possible after checking this box. Once this step is completed, the customer can no longer modify or cancel their order.
5. Order acknowledgement: The Customer receives an email summarizing the contents of their order, namely:
– his delivery and billing addresses
– his order number
– the order date
– the list of products ordered and their amounts
– the delivery method (address provided by the Customer or “relay point”)
The Customer is advised to keep and print this document, which serves as official confirmation of their order. The order is then registered and processed by KAMAD, which verifies the availability of the ordered Product(s). Placing an order constitutes acceptance of the prices and descriptions of the Products available for sale.
6. Order dispatch confirmation: The Customer receives an email summarizing the contents of their order and confirming dispatch. The contract is deemed to be concluded on the date this email is sent.
Order tracking
A carrier tracking number is provided to the Customer when their order is validated.
If the Customer wishes to obtain information regarding the tracking of their order, they can log on to the website of the carrier chosen by KAMAD, e.g., Colissimo, and track the delivery of their package in real time. The Customer also receives email updates concerning the various stages of the order processing and preparation until shipment.
4. Product Availability
KAMAD's product offers and prices are valid as long as they are visible on the Site, within the limits of available stock.
Errors or modifications may exceptionally occur, particularly in the case of simultaneous orders for the same Product by several Customers.
In the event of a Product being unavailable after an order has been placed, KAMAD will inform the Customer by email or telephone as soon as possible, offering them either to order another Product presented on the Site as a replacement, or to cancel their order free of charge.
KAMAD accepts no responsibility in the event of stock shortages or unavailability of Products for orders not yet accepted by KAMAD.
KAMAD reserves the right to change the Products offered on the Site at any time and without notice.
While every effort is made to ensure that the color and pattern of the Products shown in the photos on the Site accurately reflect the original Products, variations may occur, particularly due to technical limitations in color rendering on the Customer's computer equipment. Therefore, KAMAD cannot be held liable for any non-material errors or inaccuracies in the photographs or graphic representations of the Products displayed on the Site.
KAMAD reserves the right to refuse an order from a Customer with whom it is in dispute over a previous order, or if KAMAD reasonably believes that this Customer has violated these Terms and Conditions or has engaged in fraudulent activity, or for any other legitimate reason.
5. Price
Product prices are listed in Euros, with the option to pay in US Dollars, British Pounds, Canadian Dollars, Australian Dollars, Yuan, Yen, Won, and Russian Rubles (based on daily conversions using the Site's currency converter). Prices are inclusive of all taxes but exclusive of any customs duties for orders outside the EU, which remain the responsibility of the Customer. Except in cases of refunds issued (i) for exercising the right of withdrawal or (ii) for non-conformity and hidden defects, KAMAD will not refund the VAT applied to purchases made on the Site (even if the buyer, after receiving the Products, reships them to a country outside the European Union).
KAMAD reserves the right to modify the prices of the Products offered on the Site at any time and without notice.
Products are invoiced based on the prices displayed on the Site at the time the order is placed, subject to the availability of the Products ordered at that time.
All orders are payable in Euros and must be settled immediately upon placing the order.
In the event that some of the ordered Products are unavailable (see article 4 "Product Availability"), only the price and shipping costs relating to the available Products will be charged.
*Payment methods
By bank card (Visa, CB, Mastercard, American Express): Payment is made on the secure website of KAMAS' partner bank.
By payment application: via Paypal, Apple pay (mobile) and Android pay (mobile).
This means that no banking information concerning the Client passes through the website www.kamad.fr
The payment is therefore secured by the partners in charge of managing the financial transactions.
The order will be registered and validated as soon as the payment is accepted by the banking service.
6. Retention of Title
The ordered Products remain the property of KAMAD until KAMAD has received full payment. However, the Customer assumes all risks (including loss, theft, or damage) concerning the delivered Products from the moment they are delivered to the address indicated in the order.
7. Delivery methods
The preparation and shipping fees depend on the country and the total order amount. KAMAD cannot be held responsible for any actions, fees, taxes (which are the responsibility of the customer), or delays caused by customs services over which it has no control.
For all Products, the order is prepared for dispatch from the KAMAD workshop within a maximum of 20 working days from the email confirmation of the order.
Exceeding the estimated delivery time indicated cannot give rise to any cancellation of the order, any reduction in the price paid by the buyer and any payment for damages, it being specified that in certain particular cases the deadlines indicated above may be longer. If the order reaches a certain volume, KAMAD may send them to the Customer in several deliveries and/or several packages.
The Customer must verify the conformity of the delivered Products upon delivery and before signing the carrier's delivery note. Any anomalies concerning the delivery (damaged Product, etc.) must be indicated on this delivery note in the form of handwritten comments accompanied by their signature. This verification is considered complete once the Customer, or a person of their choosing, has signed the delivery note. No claims regarding the condition of the delivered package(s) will then be accepted. In the event of any reservations concerning the delivery, the Customer must also confirm them to the carrier no later than 3 business days following receipt of the item(s) and send a copy of this confirmation to KAMAD by email to support@kamad.fr with confirmation by registered letter.
In the event of an incomplete or incorrect address, refusal of the package by the recipient, or a lack of information preventing timely delivery of the Product, KAMAD cannot be held responsible for the final quality of the delivery. If this lack of information necessitates a second delivery attempt, KAMAD reserves the right to charge the Customer for the associated costs. The Customer is subject to the carrier's general delivery terms and conditions, which, in certain cases, may affect the quality of the delivery if the Customer fails to comply.
Thus, in the event of the recipient's absence, according to the carrier's general delivery conditions, the product may be presented again and/or left at an agreed relay point and/or in front of the Customer's home and/or in a carrier's "sorting - waiting" center and/or returned to KAMAD, which cannot be held responsible for any theft, loss, damage to the Products in connection with their delivery and, in general, for the final quality of the delivery.
In the event of an inability to deliver and if the product is then returned to KAMAD by the carrier, KAMAD will not make a new delivery.
Any claim regarding the delivery of the Products must be made within 14 business days of receiving the item(s) under the same conditions as mentioned above. If it is decided that the product(s) must be returned to KAMAD, they must be returned in their original condition (packaging, accessories, etc.) and according to the following shipping conditions. The Customer must first contact customer service via email at support@kamad.fr to obtain an explanation of the return procedure. No package will be accepted without an order number. This number must be clearly written on the package with a marker.
8. Right of withdrawal
In accordance with Articles L. 121-16 et seq. of the Consumer Code, the Customer has a period of 14 days from the day of delivery of the product purchased on the Site to notify customer service of the intention to return the Product.
For all returns, the Customer must contact customer service via email at support@kamad.fr to inform them of their decision to exercise their right of withdrawal. Any package returned after the stated deadline will be refused and returned to the sender. No packages returned cash on delivery will be accepted, regardless of the reason.
For customer service to accept the exchange and/or refund, the Product must be returned complete in its original packaging, undamaged, with its label attached, and unworn.
KAMAD cannot be held responsible for cases of loss, theft or damage to the package.
Parcels for which customer identification (name, surname, address and return code) is not possible will be refused.
All returns must be made using a traceable method (UPS, FEDEX, DHL, Colissimo, Chronopost, etc.) and the tracking number must be provided to KAMAD.
KAMAD, in the event of regular exercise of this right by the Customer, will reimburse the Customer for the sums paid corresponding to the acquisition of the returned Product(s) (therefore excluding any customs fees and shipping costs which are the responsibility of the buyer), by bank transfer to the account used with the payment card issued in the Customer's name.
KAMAD does not undertake to reimburse standard delivery costs including package tracking.
9. Legal Guarantees
The Products sold by KAMAD are subject to the legal guarantee conditions provided for in Articles L.217-4 to L.217-14 of the Consumer Code and in Articles 1641 to 1648 of the Civil Code, to the exclusion of all other guarantees:
KAMAD will refuse any claim relating to Products that have been used inappropriately.
Any claim concerning the Products as such and unrelated to delivery must be made by email to support@kamad.fr followed by a written confirmation sent by registered letter with acknowledgment of receipt.
*Legal guarantee of conformity:
KAMAD will deliver to the Customer a Product that conforms to the contract and is free from defects of conformity at the time of delivery of said Product, in the sense that the Product will be fit for the purpose usually expected of a similar good and that it will have the characteristics presented at the time of sale.
*Legal guarantee against hidden defects:
KAMAD will deliver to the Customer a Product free from hidden defects which would render it unfit for its intended use, or which would diminish its use to such an extent that the Customer would not have purchased it, or would have paid a lower price, if they had known of them.
These guarantees will only apply if the Client makes the request within 8 days. from the date of delivery of the Product (for the legal guarantee of conformity) or from the discovery of the defect (for the legal guarantee against hidden defects).
In the event of a recognized non-conformity on a Product sold by KAMAD, the Customer may choose between repair and replacement of the Product.
In the event of a recognized hidden defect on a Product sold by KAMAD, the Customer will have the option of returning the Product and receiving a refund.
In all cases, it will be up to the Client to prove that they meet the conditions of the guarantee.
The return, replacement or refund of the Product will be at no cost to the Customer.
10. After-sales service and spare parts availability
All technically repairable products are covered by a paid after-sales service. For any repair request, the customer should contact customer service directly via email: support@kamad.fr
In accordance with Article L 111-3 paragraph 1 of the French Consumer Code, KAMAD confirms that no period of availability for spare parts essential to the use of the Products is guaranteed. KAMAD will nevertheless make its best efforts to satisfy its Customers in the event of a request for one or more spare parts.
11. Limitation of Liability
Under no circumstances will KAMAD be liable for any damage that does not result from a breach by KAMAD of one of its obligations.
12. Personal Data
When the Customer registers on the website www.kamad.fr , KAMAD collects personal information (personal data, email address, gender, etc.) via the registration form in order to provide users with services accessible in KAMAD's restricted areas. Providing this personal information is essential for processing and delivering orders.
The ordering process on the website www.kamad.fr This requires the creation of a Customer account in which the Customer's information is stored and protected by a password chosen by the Customer. This information is strictly confidential and intended for KAMAD exclusively. It will be processed in strict compliance with the provisions of the French Data Protection Act (Law No. 78-17 of 6 January 1978) and Regulation (EU) 2016/679, the General Data Protection Regulation.
In this respect, KAMAD undertakes in particular to (i) guarantee the confidentiality of personal data processed within the framework of this agreement by implementing appropriate security measures in its field of activity, (ii) ensure that persons authorized to process personal data under this agreement undertake to respect confidentiality or are subject to an appropriate legal obligation of confidentiality and receive the necessary training in the protection of personal data, and (iii) ensure that its potential subcontractors comply with legal obligations on behalf of and according to the instructions of KAMAD.
The Customer has the right to access, modify, rectify, and delete their personal data at any time. To exercise this right, they can submit a request to KAMAD by email at support@kamad.fr. Subject to validation by the customer's opt-in, personal information (personal data, email address, gender, etc.) may also be used by KAMAD and/or its partners for marketing purposes such as sending newsletters or solicitations.
To better meet and personalize customer needs, the Site uses cookies. The purpose of the cookie is to record your visit to the Site.
13. Intellectual Property
All documents, text, graphics, images, photographs, or any other content published on the website www.kamad.fr are the exclusive property of KAMAD. Consequently, they may not be reproduced, exploited, or used in any way whatsoever without the express authorization of the publication director.
KAMAD owns all intellectual property rights (with the exception of the authors' moral rights) relating to the Products and the trademarks and distinctive signs under which the Products are marketed.
The Client unconditionally acknowledges KAMAD's intellectual property rights and agrees not to infringe upon them in any way. More specifically, the Client expressly agrees not to manufacture, sell, license, or market in any way whatsoever, directly or through a third party, for its own benefit or the benefit of a third party, the Products, imitations or reproductions of the Products, or the intellectual property rights relating to the Products and the trademarks belonging to KAMAD.
14. Force majeure
“Force majeure” means any external, irresistible and unforeseeable circumstances beyond the reasonable control of the party experiencing a force majeure event.
In the event that KAMAD is prevented or delayed by a case of force majeure in the performance of its obligations, KAMAD undertakes to inform the Client within 96 hours specifying the precise elements constituting the force majeure, the reasonably foreseeable duration of the delay or impediment.
15. Applicable Law – Disputes
These General Terms and Conditions of Sale are governed by and construed in accordance with French law. The language of this contract is French.
In the event of a dispute, the French courts shall have exclusive jurisdiction. However, pursuant to Regulation (EC) No 593/2008 of 17 June 2008, these General Terms and Conditions do not preclude the application of a provision more favorable to the Customer, which cannot be derogated from by agreement, under the law of the country where the Customer has their habitual residence.
In the event of a dispute relating to the application and/or interpretation of these general terms and conditions of sale, the Customer may resort to conventional mediation or any other alternative dispute resolution procedure. In accordance with Ordinance No. 2015-1033 of August 20, 2015, and its implementing decree No. 2015-1382 of October 30, 2015, any consumer dispute or litigation, subject to Article L.612-2 of the French Consumer Code, may be resolved amicably through mediation with the CMAP – Paris Mediation and Arbitration Centre. To submit a dispute to the mediator, the Customer can (i) complete the form on the CMAP website: www.cmap.fr , under the "You are: a consumer" tab; (ii) send their request by regular or registered mail to CMAP Consumer Mediation, 39 avenue Franklin D. Roosevelt, 75008 PARIS; or (iii) send an email to consommation@cmap.fr. Regardless of the method used to contact CMAP, the Customer's request must contain the following information to be processed quickly: their postal, email, and telephone contact details, as well as Kamad's full name and address, a brief summary of the facts, and proof of prior attempts to resolve the issue with Kamad.
Notwithstanding the foregoing, in the event of a dispute, and in accordance with Regulation (EC) No 1215/2012 of 12 December 2012:
- The Client may bring the matter before either the court of their domicile or the French courts.
– KAMAD may bring the matter before the court of the Client's place of residence.
CONTACT INFORMATION: Questions regarding the General Terms and Conditions of Sale and Use should be sent to pro@kamad.fr