These general terms and conditions of sale are entered into between:
Kapitales (31st Century Company)
13 Rue du Ségala, 81380 Lescure-d'Albigeois
France
hereinafter referred to as the “Supplier”
And
the client designated in § 1 of the contract
- 1. Scope, definitions
(1) The following general terms and conditions of sale, in their version in force at the time of the order, apply exclusively to the business relationship between the online shop provider (hereinafter "Provider") and the customer (hereinafter "Customer" or "you"). Any terms and conditions of the customer that deviate from these terms and conditions are not recognized unless the provider expressly agrees to their validity.
(2) A consumer is any natural person who enters into a legal transaction for purposes unrelated to their commercial or independent professional activities. In contrast, a trader is a natural or legal person, or a legally authorized partnership, who acts in the course of their commercial or independent professional activity when entering into legal transactions. A legally authorized partnership is a partnership that has the capacity to acquire rights and enter into obligations.
- 2. Contract conclusion, confirmations and mandatory information
(1) On the website www.kapitales.fr, the Supplier offers customizable items (clothing and accessories) that can be printed with designs or text chosen by the Customer (hereinafter "products").
(2) The Customer may select products from the Supplier's range and add them to their shopping cart using the "Add to cart" button. By clicking the "Submit order" button, the Customer confirms a binding purchase request for the goods in the cart. Before submitting the order, the Customer may modify and view the details at any time.
(3) The Supplier will immediately review the submitted order information. Following this review, the contract becomes effective upon the Supplier's delivery of an acceptance declaration, sent by email to the email address provided by the customer. This declaration specifies the customer's order and all other terms of the concluded contract. The customer can print this declaration using the "Print" function. This email also confirms receipt of the order.
(4) If the Customer chooses the PayPal payment option, the Supplier will transmit the order information to the payment service provider (PayPal (Europe) S.à rl et Cie, SCA in Luxembourg), which will perform a verification. The payment service provider then collects the amount due on behalf of the Supplier, transmits the order details, and informs the Supplier of the payment. After this verification, the contract enters into force upon delivery of the acceptance declaration by the Supplier, sent by email to the email address provided by the Customer, specifying the Customer's order and all other terms of the concluded contract. The Customer can print this declaration using the "Print" function. This email also confirms receipt of the order.
(5) As soon as the Supplier receives payment after the conclusion of the contract, it sends the customer a confirmation email. Furthermore, the Supplier informs the customer by email as soon as it hands over the ordered goods to the shipping service provider.
(6) The Supplier reserves the right to adapt the visual ordered by the Client in order to best correspond to the spirit of the brand and the graphic and/or technical criteria of the different concepts proposed.
- 3. Delivery, availability of goods
(1) If the Customer orders an item designated according to its category, in particular with regard to nature, colour, weight, dimensions or design, the Supplier will deliver an item of the same type and quality.
(2) If, at the time of the order, no copy of the product chosen by the Customer is available, the Supplier will immediately inform the Customer in the order confirmation. If the product is unavailable for an indefinite period, the Supplier will not send a declaration of acceptance. In this case, no contract will then come into effect.
(3) If the product specified by the Customer in the order is temporarily unavailable, the Supplier will inform the Customer immediately in the order confirmation. In the event of a delivery delay, the Customer has the right to cancel the contract.
(4) Shipment is made after payment has been received and production is complete. The customer can prioritize their order for an additional fee (express delivery). In this case, processing is carried out on the same day, taking priority over other orders received.
(5) Unless otherwise specified during the ordering process, the delivery time is generally 5-10 working days, of which 3-4 working days are reserved for textile production and/or printing. The remaining 2-6 working days are allocated for expected postal delivery times. For large quantities or complex production processes, the production time will be extended accordingly. The Supplier notes that it arranges delivery by post and therefore has no influence on delivery times. Exceptions apply to orders placed before holidays (e.g., Mother's Day, Father's Day, Christmas), for which delivery times may be 10-15 working days.
- 4. Retention of Title
(1) Until full payment is received, the delivered goods remain the property of the Supplier. In addition, if the Customer is a merchant, paragraphs 2 to 4 below also apply.
(2) Until all outstanding and future claims of the Supplier against the Customer (including all account balances) have been settled, the delivered goods remain the property of the Supplier. In the event of a breach of contract by the Customer, in particular if the Customer is late in making payments, the Supplier is entitled to repossess the goods subject to retention of title, after giving the Customer a reasonable period to fulfill its obligations. Any repossession of the goods subject to retention of title by the Supplier constitutes termination of the contract. The Customer shall bear the transport costs necessary for such repossession. The contract shall also be deemed terminated if the Supplier seizes the goods subject to retention of title. Goods subject to retention of title repossessed by the Supplier may be resold or reused.
(3) The Customer must handle the goods subject to retention of title with the utmost care. The Customer must insure them at their own expense against any damage due to theft, fire and water, for an amount sufficient to cover their value when new.
(4) In the event of seizure of the goods subject to retention of title by third parties or during other third-party interventions, the Customer must indicate ownership by the Supplier and must immediately inform the Supplier in writing so that the Supplier may exercise its ownership rights. If the third party is unable to reimburse the related legal or extrajudicial costs, the Customer shall bear the responsibility for them.
- 5. Delivery restrictions, prices and shipping costs
(1) Deliveries are made exclusively to the following countries:
France (including overseas territories), Europe, United Kingdom, United States. Other countries will be available soon.
A delivery restriction applies to all other countries, meaning the Supplier does not deliver goods to them. If a Customer wishes to conclude a sales contract with the Supplier, they are obligated to collect the goods from the Supplier's premises if a delivery restriction is imposed on their address.
(2) The prices charged are those in effect at the time of the order. All price indications include the applicable statutory VAT. If it is a limited-time offer, the Supplier will indicate the duration of the offer on the online shop.
(3) For orders of goods to be shipped to Germany, Austria, France, the Czech Republic, and Slovakia, VAT is set by the competent authority in the country of destination. The Supplier then indicates the prices inclusive of the VAT applicable in the country of destination. For deliveries to other EU countries, VAT is that set by the French tax authorities. The Supplier therefore indicates the respective VAT rate applicable in France.
(4) Since customs duties cannot be reasonably calculated in advance, the Customer is advised that this is by nature an order subject to customs duties. In accordance with customs laws, the customer is obligated to carry out, or arrange for, the proper customs clearance of the goods after they have crossed the border in the country of destination.
(5) The corresponding shipping costs are indicated to the Customer in the order form and must be borne by the Customer. For deliveries to Metropolitan France and Corsica, a flat postage and packaging fee of EUR 6.95 (or EUR 5.95 for deliveries to a Pickup Point) per order is applied, regardless of the number of parcels or the dimensions and weight of the shipment.
Shipping costs for deliveries in Belgium are based on a flat European rate of EUR 12.95 per order, regardless of the number of packages or the dimensions and weight of the shipment.
(6) The goods are shipped by post. When the Customer is a consumer, the risk associated with the shipment is borne by the Supplier.
- 6 Payment methods
(1) If the Client's home and/or registered office is located within the country, the Client may make payment by:
Credit card
PayPal
(2) Customers located abroad have the option to pay by:
Credit card or
PayPal.
(3) Payment of the purchase price is due immediately upon conclusion of the contract. However, if the Customer chooses PayPal as the payment method, they can make the payment as soon as they place their order. If the payment due date is set according to a calendar, the Customer is considered in default of payment once that date has passed.
In the event of late payment, the Client will be liable for the payment of interest at the legal rate.
- 7 Legal Guarantees
(1) Products sold on the Supplier's website benefit from the legal guarantee of conformity (Article L.217-4 et seq. of the Consumer Code)
Any defects of conformity which appear within twenty-four (24) months from the delivery of the goods shall be presumed to have existed at the time of delivery unless proven otherwise.
The Supplier will refund the Customer or exchange the product that does not correspond to the order placed.
(2) Products sold on the Supplier's website are covered by the warranty against hidden defects (articles 1641 et seq. of the Civil Code)
You must implement the legal guarantee against hidden defects within two (2) years from the discovery of the defect.
The Customer can return the product and receive a full refund, or keep the product and receive a partial refund.
- 8. Responsibility
(1) Any claim by the Customer for damages is excluded, except for claims by the Customer for damages arising from injury to life, body, or health, or from breach of essential contractual obligations (known as material obligations), as well as liability for other damages arising from the intentional misconduct or gross negligence of the Supplier, its legal representatives, or its agents. Essential contractual obligations are those whose performance is necessary to achieve the purpose of the contract. In this case, this includes, for example, the delivery of goods free from defects.
(2) In the event of a breach of essential obligations of the contract, the Supplier's liability is limited to foreseeable damages specific to the contract, where such damages are the result of simple negligence, unless the Client is claiming damages arising from injury to life, body or health.
(3) The Client expressly warrants that it is authorized to publish the texts and designs, as well as to reproduce them.
The Client agrees not to communicate any designs or texts that infringe intellectual property rights (e.g. copyright and trademarks) or existing laws, morality or public order.
Furthermore, the Supplier reserves the right to subject racist, political or discriminatory content or texts to specific review and to reject the product order accordingly.
The client is solely responsible for the designs and texts they choose and agrees to indemnify the Supplier in the event of legal action brought by a third party.
(4) The Supplier shall not be held responsible for typographical, spelling or grammatical errors in texts provided by the Client.
(5) The restrictions in paragraphs 1, 2, 3 and 4 shall also apply to the Supplier's legal representatives and enforcement agents when claims are made directly against them.
- 9. Right of withdrawal for distance selling contracts
(1) If it is a distance selling contract, the following paragraphs apply if the Customer is a consumer.
(2) Distance selling contracts are contracts for which the Supplier or a person acting on its behalf or at its direction and the consumer exclusively use means of distance communication for negotiations and conclusion of the contract, unless the conclusion of the contract does not take place within the framework of a distribution or service provision system designed for distance selling.
(3) Right of withdrawal
Pursuant to Article L.221-8 of the Consumer Code, you have a period of fourteen (14) days to exercise your right of withdrawal from the date of receipt of the goods.
(4) Consequences of retraction
Your withdrawal constitutes a termination of the contract, and we must reimburse you immediately, and at the latest within fourteen days from the date on which we received your notification of withdrawal, for all payments received from you, including delivery charges (excluding any supplementary costs arising from your choice of a delivery method other than our least expensive standard delivery option). For this reimbursement, we will use the same currency you used for the original transaction, unless we have expressly agreed otherwise; you will not incur any additional charges as a result of this reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent them back, whichever is the earliest.
You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you informed us of your withdrawal from this contract. The deadline is met if you send back the goods before the fourteen-day period has expired. We will bear the cost of returning the goods. You are liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, quality, and proper functioning of the goods.
Sample withdrawal form
I/We (*) hereby inform you of my/our (*) withdrawal from the contract for the purchase of the following goods (*)/the provision of the following service (*)
Order number
——————-
Ordered on ()/ received on ()
–.–.—- / –.–.—-
Name of consumer(s)
——————————————
Consumer address(es)
——————————————
——————————————
——————————————
Signature of the consumer(s)
——————————————
Date :
–.–.—-
If you wish to exercise your right of withdrawal, please fill out this form and return it to us at the following address:
Capitals
13 Rue du Ségala, 81380 Lescure-d'Albigeois
France
Telephone number: +33 (0)5 63 43 07 92
Email address: retractation@kapitales.fr
(3) Exclusion of the right of withdrawal
Pursuant to Article L.221-28 of the Consumer Code, the right of withdrawal does not apply and cannot be exercised :
– for contracts for the supply of goods made to the Customer’s specifications or clearly personalized, namely contracts for the delivery of goods (e.g. t-shirts) which are not manufactured in advance and whose manufacture required individual selection or definition by you (e.g. t-shirts with personalized texts or designs).
- 10 Personal Data
The personal data collected by the Supplier (data controller) is managed in accordance with Law No. 78-17 of 6 January 1978 as amended relating to information technology, files and freedoms and with Regulation (EU) 2016/649 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of data.
(1) Type of personal data
The Supplier collects personal information in order to create your Customer account, including: name, surname, postal address, email address, telephone number, username and password.
The Supplier also collects information relating to your browsing on the website www.kapitales.fr , through cookies.
Some cookies are essential for the use of a website, others allow for the optimization of site usage and the personalization of displayed content.
Consent must be obtained before cookies are placed or read.
The Customer can object to the installation or recording of cookies by configuring their browser:
Firefox™: https://support.mozilla.org/fr/kb/activate-deactivate-cookies
Chrome™: https://support.google.com/chrome/answer/95647?hl=en
Safari™: http://support.apple.com/kb/ht1677?viewlocale=fr_FR
Internet Explorer™: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies
(2) Use of data – Purpose of processing
The Supplier uses the Client's personal data in accordance with applicable legislation.
The data is processed for the purpose of managing the Customer's account; in order to process and ensure the monitoring of orders, delivery, invoicing, after-sales service.
The Provider retains User data for the period necessary for the purpose of the processing carried out, in accordance with applicable rules.
Cookies are stored for a maximum period of 13 (thirteen) months.
(3) Customer Rights
In accordance with the Personal Data Regulations, the Client may:
- Access all of his personal data;
- Objecting to the processing of one's data, in particular by withdrawing one's consent;
- Request the deletion of your data;
- Correct any inaccurate, incomplete, or outdated information;
- Request a limitation of the processing of one's data;
- Request data portability.
The Customer may exercise their rights at any time by sending their request by email to: contact@kapitales.fr or by post:
Capitals
13 Rue du Ségala, 81380 Lescure-d'Albigeois
France
- 11 Applicable Law
(1) These general terms and conditions of sale are subject to French law.
(2) In the event of a dispute, the competent court shall be that of the Supplier's registered office.
(3) The contract remains binding even if some of its clauses are legally invalid. The applicable statutory provisions shall replace the invalid clauses.
- 12 Mediation (In progress)
Every consumer has the right to use a consumer mediator free of charge in order to resolve amicably any dispute they have with a professional.
In accordance with the provisions of the Consumer Code, the Supplier adheres to the Ombudsman Service of
End of the general terms and conditions of ven