TERMS AND CONDITIONS

www.almadkj.com is published by the Company KJJ Talent Group, a simplified joint stock company with a capital of €1,000, whose registered office is 628 Chemin des Grandes Vierres – 69380 Dommartin, registered with the Paris Trade and Companies Register under number 852654763, including the intra-community VAT number FR96 852654763.

I. DEFINITION

Product : Items of all kinds offered for sale (e-commerce service) on the Site.
Customer: a natural person who is not a trader and who is carrying out the Order, and who has full legal capacity.
Order: a commitment to purchase all of the Items selected by the Customer via the Site’s e-commerce service.
Website: website published by KJJ TALENT GROUP and accessible at the address https://www.almadkj.com.

II. APPLICATION OF THE GENERAL CONDITIONS OF SALE

The general terms and conditions of sale (the “Termes and Conditions”) detailed below apply to all orders for products and services placed via the Site www.almadkj.fr with KJJ TALENT GROUP by any person (the “Customer”).

The Customer must read the “Termes and Conditions” prior to any order (the “Order”), the “Termes and Conditions”being available on the Site.
The Customer’s “click” on the “I accept” button accessible on the page dedicated to the validation of the Order constitutes acceptance.

KJJ Talent Group reserves the right to adapt or modify these “Termes and Conditions” at any time. The version of the Terms and Conditions applicable to any sale is the one appearing online on the www.almadkj.com website at the time of the Order. Consequently, the fact of placing an Order requires the full prior and unreserved acceptance of the “Termes and Conditions” by the Client by clicking on the “I have read and accept the general terms and conditions of sale” button.

The Products on sale on this site are only available for delivery in Metropolitan France, Monaco and Spain.

III. PRE-CONTRACTUAL INFORMATION 

The Customer acknowledges having been informed, prior to placing his order and concluding the contract, in a legible and comprehensible manner, of these general terms and conditions of sale and of all the information listed in article L. 221-5 of the consumer code.

IV. WARNINGS

The sale of Items on the Site is exclusively reserved for retail sales and individuals.

Under no circumstances may the Site be used by professional seller Clients, alone or in groups, whatever the method of marketing their products (internet market places, shopping galleries, intermediaries, physical shops in particular).

The Customer therefore acknowledges and accepts that the Items may only be purchased in quantities corresponding to the average needs of a consumer, both in terms of the number of Items ordered in a single order and the number of individual Orders respecting the usual quantity of an average consumer placed for the same product. KJJ Talent Group reserves the right to refuse an order that has been clearly validated by a professional seller Client.

V. INFORMATION ON THE SITE AND ACCESSIBILITY OF THE SITE

www.almadkj.fr is an e-commerce site owned and operated by KJJ Talent Group.

The Website is accessible to all users of the internet network on a 24/7 basis, unless interrupted, scheduled or not, by KJJ Talent Group or its service providers, for maintenance and/or security purposes or in case of force majeure (as defined below) and also during periods of closure of the online shop which will be clearly announced on the home page of the Website. KJJ Talent Group cannot be held liable for any damage of any nature whatsoever resulting from the unavailability of the Site.

KJJ Talent Group does not guarantee that the Site will be free of anomalies, errors or bugs, nor that the Site will function without breakdown or interruption. In this respect, KJJ Talent Group may freely and at its sole discretion determine any period of unavailability of the Site or its content. Nor can KJJ Talent Group be held liable for problems with data transmission, connection or network unavailability.

All Clients declare that they are aware of the unreliability of the Internet network, especially in terms of relative security in data transmission, non guaranteed continuity of access to the Site, non guaranteed performance in terms of volume and speed of data transmission and the spread of viruses.

KJJ Talent Group warns each Client on the need to implement a solution and security measures in his computer or his portable or mobile equipment to prevent the spread of viruses.

KJJ Talent Group reserves the right to develop the Site for technical or commercial reasons. Where these changes do not alter the conditions of the provision of services in a substantial and negative way, the Client may be informed of the changes, but his acceptance is not requested.

VI. CREATION OF A CUSTOMER ACCOUNT

Anyone can freely and gratuitously create an account. In order to place an Order, the Customer must first register on the Site by creating an account containing the Customer’s information (the “Account”).

The Client’s registration on the Site is validated by KJJ Talent Group after verification of the standard form filled in by the Client. The Client will receive an email confirmation of registration.

By registering on the Site the Client declares and guarantees to KJJ Talent Group that he is of legal age and has the legal capacity to enter into a contract.

When creating his Account, the Client must ensure the accuracy and completeness of the data he provides and not to impersonate a third party or to conceal or change his age. The Customer is obliged to always update his personal information. In the event of an error in the wording of the recipient’s details, KJJ Talent Group cannot be held responsible for the impossibility of delivering Products.

When creating a Client Account, the Client chooses his login (email) and password. If the chosen identifier has already been allocated, the system will invite the Client to choose another one.

The identifiers and passwords are personal and confidential. While KJJ Talent Group takes all useful precautions and undertakes to protect the personal data of its Clients, the Client is informed of the need to keep his password secret and not to disclose it to a third party for any reason whatsoever.

In the event of suspicion of the use of the login and password by a third party, the Client must immediately alert KJJ Talent Group in order to change his password and/or choose to have his Client account closed.

KJJ Talent Group reserves the right to close any Client account and consequently refuse any sale to a Client in the event of non-payment of one or more previous Orders.

In this case, KJJ Talent Group will send an email to the Client concerned at the address provided by the Client when creating his Client Account informing him of the deactivation of his login and password and the closure of his account. The Client will be given eight (8) calendar days notice to make representations to KJJ Talent Group, without prejudice to the suspension of the Client’s Account during the notice period.
In general, the Client is informed that his Account may be closed following the Client’s first email request to KJJ Talent Group.

KJJ Talent Group may delete the Client’s Account at any time, for any reason, at its sole discretion.

VII. PRODUCTS

The Products offered for sale are those described on the Site on the day the Customer consults the Site, within the limits of available stocks.

We inform our customers that our products have been manufactured in limited series. The indications concerning the state of stock are updated in real time. However, KJJ Talent Group cannot be held responsible for any error in the update, whatever its origin. In this respect, KJJ Talent Group cannot be held liable for the cancellation of an Order for a Product due to the exhaustion of stocks.
In the event of unavailability of a Product, after placing an Order, the Client will be informed by email, and the Order will then be automatically cancelled.

KJJ Talent Group takes the greatest care in the presentation and description of its Products in order to best satisfy the Client’s information. It is however possible that errors may appear on the Site, which the Client acknowledges and accepts. To this end, KJJ Talent Group does not guarantee the accuracy or security of the information transmitted or obtained through the Site. Only the essential characteristics of the property are provided to the Client in a clear and comprehensible manner.

It is possible that the Client may receive, following an Order, a part previously returned by another person. It is specified that KJJ Talent Group only accepts the return of intact and unworn Products, both conditions being checked before the returned Products are put back into stock.

VIII. ORDERING PRODUCTS

All Orders imply an obligation of payment.

The taking of Orders on the Website is subject to compliance with the procedure set up by KJJ Talent Group on the Website comprising successive stages leading to the validation of the Order.

The Client may select the Products he wishes to add to the basket (the “Basket”). The Basket summarises the Products chosen by the Customer as well as the prices and related costs. The Customer may freely modify the Basket before validating his Order. Confirmation of the Order shall be deemed to be confirmation of the Customer’s acceptance of the GCS, the Products purchased, their prices and the associated costs. 

A confirmation email summarising the Order (Product(s), price, availability of the Product(s), quantity…) will be sent to the Client by KJJ Talent Group. For this purpose, the Client formally accepts the use of email for the confirmation by KJJ Talent Group of the content of his Order. Invoices are available in the “my account” section of the Website.

IX. ELECTRONIC SIGNATURE

The online supply of the buyer’s credit card number and the final validation of the order will be considered as proof of the buyer’s agreement:

  • Payability of the sums due under the order form,
  • signature and express acceptance of all operations carried out.
    In the event of fraudulent use of the bank card, the customer is invited, as soon as this use is observed, to contact +33 6 03 26 98 34. 

X. PROOF OF TRANSACTION

The computerised registers, kept in the seller’s computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.

XI. REFUSAL TO PROCESS AN ORDER

KJJ Talent Group reserves the right to remove at any time any Product displayed on the Site and to replace or amend any content or information on the Site. Despite the best efforts of KJJ Talent Group to satisfy its clients’ expectations, KJJ Talent Group may refuse to process an Order after having sent the Client the Sales Order confirmation e-mail. In the latter case, KJJ Talent Group may offer a replacement product.

Indeed, KJJ Talent Group shall not be liable to the Client or any third party for the harmful consequences of the withdrawal of a Product from the Site, or the replacement or modification of any content or information appearing on the Site, or the refusal to process an Order in the event of a problem with the Client’s account and until the problem is resolved.

KJJ Talent Group also reserves the right to refuse or cancel an Order coming from a client with whom it has a dispute over the payment of a previous Order. 

XII. PRICE AND PAYMENT OF THE ORDER

The prices of the products are indicated on the Site in euros, all taxes included (TTC).

All prices displayed are calculated and include the value added tax (VAT) applicable in France or Spain.

KJJ Talent Group reserves the right to modify its prices at any time, but the Products will be invoiced on the basis of the prices in force at the time of registration and payment of the Order, subject to availability.

The Products are payable in cash at the time of the actual Order.

All Orders imply an obligation to pay by credit card using a sufficiently funded bank account.

The Order shall be payable immediately by credit card (CB, Visa, MasterCard, American Express) or bank transfer.

Payment by credit card is made directly online through a secure transaction, with the MERCANET system, directly with our partner BNP Paribas which uses the SSL (Secure Socket Layer) protocol so that the information transmitted is encrypted by software and no third party can read it during transport on the network.

When you order by credit card, the debit is made immediately according to the following procedure:
All the Customer has to do is indicate in the field provided (input secured by SSL encryption), the number of his card without any space between the digits, its validity date, and the last 3 digits of the pictogram on the back of the card.

We do not store our customers’ bank details.

The Customer expressly acknowledges that the communication of his credit card number to KJJ TALENT GROUP is tantamount to authorisation to debit his Account up to the price of the Products ordered. Where applicable, a notification of cancellation of the Order for non-payment is sent to the Client by KJJ Talent Group on the email address communicated by the Client when registering on the Site.

The data recorded and stored by KJJ Talent Group constitute proof of the Order and all sales made. The data recorded by Mercanet constitute proof of any financial transaction between the Client and KJJ Talent Group.

XIII. TERMS OF DELIVERY

The Products are only delivered in the countries indicated in Article 5 of these Termes and Conditions.
Deliveries are made by Chronopost, or DHL, from Monday to Saturday, depending on the option chosen by the Customer at the time of validation of the Order.

Delivery means the transfer to the Customer of physical possession of the Products (the “Delivery”).

The Delivery charges applicable to the Order are those mentioned on the Site at the time of the Order in the “Delivery and Returns” section.

All pricing for the Products is subject to change. For all of our prices and Products, we reserve the right to make adjustments due to changing market conditions, Product discontinuation, manufacturer price changes, errors in advertisements, and other extenuating circumstances. 

All prices are VAT included and shipping charges, taxes and duties may apply. All relevant shipping fees, import taxes, and duties will be charged at such time as the Product is ready for shipment. The costs of shipping and any import taxes, and duties paid are non-refundable. International orders will be shipped DDU (Delivery Duty Unpaid) and could potentially incur duties, fees and import taxes upon delivery. The product prices displayed are exclusive of all taxes and duties. This charge is ultimately determined by your local customs authority. These payments must be fulfilled in order for your order to be released from customs. For more information, please consult your local customs office.

Where KJJ Talent Group is responsible for the delivery of the Product, the risk of loss or damage to the Product is transferred to the Client at the time of Delivery.
Exceptionally, the risk is transferred to the Client when the Product is handed over to the carrier when the carrier is commissioned to transport the Product by the Client and not by KJJ Talent Group.
Delivery is made to the delivery address indicated by the Client, which must be the residence address of the Client, a natural person of his choice or a legal entity (delivery to his company). Delivery may not be made in hotels, campsites or post office boxes. Deliveries may also be made at a Relay Point by the Chrono Relais service provider, subject to acceptance of the package by the selected Relay Point.

In the event of impossibility to make the Delivery, due to an incorrect delivery address, no reshipment can be made and the Client will be reimbursed within ten (10) days of receipt of the Order by KJJ Talent Group.

Except in cases of force majeure or during periods when the online shop is closed, which will be clearly announced on the home page of the website, the delivery times will be, within the limits of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email.

KJJ Talent Group delivers Orders within a maximum period of twelve (12) working days for Delivery in mainland France and twenty-five (25) working days for Delivery in Spain, this period being counted from the first working day after validation of the Order (please note that KJJ Talent Group does not only deliver in mainland France and Spain). The day after a collection is put online and from 23 November to 31 December, the Delivery period may be increased by ten (10) days, given the large and exceptional volume of Orders.

In order for these deadlines to be met, the Customer must ensure that he has provided accurate and complete information regarding the Delivery address (such as, in particular: street, building and staircase numbers, access codes, names and/or intercom numbers, etc.).

If the Customer is absent on the day of delivery, the delivery person will leave a delivery notice in the letterbox, which will allow the package to be collected at the place and during the period indicated.
If, at the time of delivery, the original packaging is damaged, torn, opened, the Customer must then check the condition of the items. If they have been damaged, the Customer must imperatively refuse the package and note a reservation on the delivery slip (package refused because open or damaged).
The Customer must indicate on the delivery slip and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery slip, damaged package, broken products…).

This verification is considered to have been carried out once the buyer, or a person authorised by him, has signed the delivery note.
The Customer must then confirm these reservations to the carrier by registered mail within two working days of receipt of the item(s) at the latest and send a copy of this mail by fax or simple mail to the seller at the address indicated in the legal notice on the site.

If the products need to be returned to the seller, a request for return must be made to the seller within 7 days of delivery. Any claim made after this period will not be accepted. The return of the product can only be accepted for products in their original condition (original packaging, accessories, labels in their original state, etc.).

KJJ Talent Group cannot be held responsible for any delay in delivery that is not caused or justified by force majeure (as defined below).

If the agreed delivery date or delivery period is not met, the Customer shall, before dissolving the contract, instruct the seller to perform the contract within a reasonable additional period of time.
If the Customer fails to do so after the expiry of this new period, the Customer shall be free to withdraw from the contract at his own discretion.
The Customer must complete these successive formalities by registered letter with acknowledgement of receipt or by writing on another durable medium.
The contract shall be deemed to have been terminated on receipt by the seller of the letter or writing informing him of such termination, unless the professional has performed in the meantime.
However, the Customer may terminate the contract immediately if the dates or deadlines referred to above constitute an essential condition of the contract for him.
In this case, when the contract is cancelled, the seller is obliged to reimburse the Client for the totality of the sums paid, at the latest within 14 days following the date on which the contract was cancelled.

In accordance with Article L. 242-4 of the Consumer Code, when the professional has not reimbursed the sums paid by the consumer, the sums due are automatically increased:

  • by the legal interest rate if the repayment is made no later than 10 days after the expiry of the 14-day period set out above,
  • by 5% if the delay is between 10 and 20 days,
  • by 10% if the delay is between 20 and 30 days,
  • by 20% if the delay is between 30 and 60 days,
  • by 50% between 60 and 90 days,
  • and an additional five points for each new month of delay up to the price of the product and then the legal interest rate.

In the event of unavailability of the product ordered, the Customer will be informed as soon as possible and will have the possibility to cancel his order. The purchaser will then have the choice of requesting either a refund of the sums paid within 30 days at the latest of their payment, or an exchange of the product.

 XIV. TRANSFER OF RISKS
Ownership of the item sold is transferred to the Customer as soon as the parties agree on the item and the price. Consequently, the transfer of ownership of the products and the risks of loss and deterioration relating thereto is carried out, at the expense of the Customer, as soon as the order form is accepted by the seller.

XV. RIGHT OF WITHDRAWAL – REFUNDS AND RETURNS

9.1. Time limit and procedures for exercising the right of withdrawal
In accordance with Article L.221-18 of the Consumer Code, the non-professional Client has a period of fourteen (14) days from receipt of the Order to exercise its right of withdrawal from KJJ Talent Group without having to justify its reasons or pay any penalties.

The exercise of the right of withdrawal may be exercised either by logging on to the Client’s account in the “Order” section, or by using and sending the model withdrawal form set out in the appendix to the General Terms and Conditions of Sale, by post, to the following address KJJ Talent Group – Returns Department – 628, Chemin des Grandes Vierres – 69380 Dommartin, France, or by email to contact@almadkj.com. 

9.2 Methods of returning the Order within the framework of the right of retraction
The right of withdrawal is exercised without penalty.

The Client shall return the Order together with the prepaid return slip provided by KJJ Talent Group without undue delay and, at the latest, within fourteen (14) days following communication of its decision to withdraw in accordance with Article L. 221-21 of the French Consumer Code.

Beyond this fourteen (14) day period, the sale is firm and final. The Product must be returned in its original packaging, in its original condition, new, unworn, unwashed, with the labels in their original state. To make a return, the Customer must follow the procedure indicated on the return form received with his Order. The return of the Products is paid for by KJJ Talent Group if the place of Delivery is in France.

The return of Products is at the Client’s expense and risk if the place of Delivery is in all countries except France .

9.3. Refund of Products returned within the framework of the right of withdrawal
The reimbursement of the Order by KJJ Talent Group shall be made within fourteen (14) days at the latest from the date on which KJJ Talent Group is informed of the Client’s decision to withdraw.

However, the refund is subject to KJJ Talent Group being able to recover the Products that are the subject of the return and the refund request.

KJJ Talent Group shall make the refund using the same means of payment as that used for the payment of the Order. If and only if the latter has expired, KJJ Talent Group shall approach the Client to effect the refund by another means of payment and provided that the refund does not cause any additional costs for KJJ Talent Group.

If the Client fails to comply with these Termes and Conditions, KJJ Talent Group shall not be entitled to refund the Products concerned. In any case, the costs of return shall be borne by KJJ Talent Group if the Product delivered to the Client is different from the Product ordered or if it is delivered damaged. In other cases the costs of return are at the expense of the Client.

XVI. WARRANTIES – LIMITATION OF LIABILITY

KJJ Talent Group’s liability in respect of any Product purchased on the Site is strictly limited to the purchase price of the Product. KJJ Talent Group shall not be liable for any of the following losses, irrespective of their origin:

  • loss of income or sales
  • operating loss
  • loss of profits or contracts
  • loss of expected savings
  • loss of data
  • loss of working or management time
  • image damage
  • loss of chance, and in particular to order a Product,
  • moral prejudice.

The documents, descriptions and information relating to the Products appearing on the Site are not covered by any guarantee, explicit or implicit, with the exception of guarantees provided by law.

KJJ Talent Group does not provide any guarantee regarding any damage that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancel bot, logic bomb or any other form of programming routine designed to cause damage, destroy or otherwise impair any functionality of a computer or interfere with the proper working of a computer, including any transmission resulting from a download of any content made by the Client, the software used by the Client to download the content, the Site or the server that makes it available. In this respect, the Client acknowledges that it is its responsibility to install appropriate anti-virus and security software on its computer hardware and any other device to protect it against any bugs, viruses or other such programming routines that may prove harmful.

The Client acknowledges that it assumes all risks associated with any content downloaded or otherwise obtained through the use of the Site and agrees that it is solely responsible for any damage caused to its computer system or any loss of data resulting from the downloading of such content.

KJJ Talent Group is only obliged to deliver Products in accordance with the contractual provisions. The Products are considered to be in conformity with the contractual provisions if the following conditions are met: (i) they must comply with the description and have the characteristics set out on the Site; (ii) they must be suitable for the purposes for which such Products are generally designed; (iii) they must meet the quality and strength criteria generally accepted for Products of the same kind and which can reasonably be expected.

In addition, KJJ Talent Group guarantees the Clients against non-conformity and latent defects for the Products on sale on the Site under the following conditions:

Apparent defects – Warranty – Legal defects of conformity – Hidden defects
The presence of an apparent defect on a Product must give rise to a complaint by e-mail (contact@almadkj.fr).

The Client must comply with the procedure relating to the right of withdrawal by informing KJJ Talent Group in advance by any means of the existence of this apparent defect, so that the return can be accepted. 

Subject to the validation of a non-conformity or defect by KJJ Talent Group or the manufacturer as the case may be, the Client benefits from the following guarantees:

 
KJJ Talent Group, whose registered office is at 628, Chemin des Grandes Vierres, 69380 Dommartin, France, acts as guarantor within the meaning of the provisions of articles L 217-5 et seq. of the Consumer Code and 1641 et seq. of the Civil Code.

Thus the Customer :

  • benefits from a period of two (2) years from the delivery of the Product to act in case of lack of conformity of the Product,
  • is exempted from providing proof of the existence of the lack of conformity of the goods during the six (6) months following the delivery of the Product,
  • may choose between repairing or replacing the Product, subject to the cost conditions provided for in Article L217-9 of the French Consumer Code;

The legal guarantee of conformity applies independently of the commercial guarantee described below.

In addition, the Customer may also implement the legal guarantee in respect of hidden defects in the item sold, within the meaning of articles 1641 et seq. of the French Civil Code. The legal guarantee for hidden defects allows the Customer, within a period of two years from the discovery of the defect, to be reimbursed for a Product that has proved to be unsuitable for its use. 

The guarantee of hidden defects enables the Customer to be protected against hidden defects in the Product purchased which prevent its use or affect it to such an extent that the Customer would not have purchased it.

The Customer then has the choice between two options: keep the Product and request a reduction in price, or return the Product and request a refund of the price paid, in accordance with article 1644 of the Civil Code.

  In order to implement these guarantees, the Product must be returned, in its original packaging, in its original condition with the labels, new, unworn, unwashed, with the references of the initial Order and a copy of the claim to the head office of KJJ Talent Group, after sending an e-mail stating the reason for the return of the Product.

  For all purposes, the following legal provisions shall apply:
Art. L217-4 of the Consumer Code: “The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for defects of conformity resulting from packaging, assembly instructions or installation when this was the responsibility of the seller under the contract or was carried out under his responsibility. »
 
Art. L217-5 of the Consumer Code: “The goods are in conformity with the contract:
1° If it is fit for the use usually expected of a similar good and, where applicable (a) if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model; (b) if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or if it is suitable for any special use sought by the buyer, brought to the seller’s knowledge and accepted by the latter. »

Art. L217-7 of the Consumer Code: “Defects of conformity which appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller may rebut this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity. »

Art. L217-8 of the Consumer Code: “The buyer is entitled to demand that the goods conform to the contract. However, he may not contest the conformity by invoking a defect that he knew or could not have been unaware of when he contracted. The same applies when the defect has its origin in the materials he himself supplied. »

Art. L217-9 of the Consumer Code: “In the event of a lack of conformity, the buyer chooses between repair or replacement of the goods. However, the seller may not proceed according to the buyer’s choice if this choice entails a cost that is manifestly disproportionate to the other method, taking into account the value of the good or the importance of the defect. In such a case, the seller is obliged to proceed, unless this is impossible, according to the method not chosen by the buyer. »

Art. L217-10 of the Consumer Code: “If repair and replacement of the good are impossible, the buyer may return the good and have the price refunded or keep the good and have part of the price refunded. The same option is open to him: 1° If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month of the buyer’s complaint; 2° Or if this solution cannot be implemented without major inconvenience for the buyer given the nature of the good and the use he is seeking. However, the sale may not be rescinded if the lack of conformity is minor. »Art. L217-11 du Code de la Consommation : « L’application des dispositions des articles L. 217-9 et L. 217-10 takes place at no cost to the buyer. These same provisions do not preclude the awarding of damages. »

Art. L217-12 of the Consumer Code: “The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods. »

Art. L217-13 of the Consumer Code: “The provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as set out in Articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature recognised by law. »

Art. 1641 of the Civil Code: “The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them. »

Article 1642 of the Civil Code: “The seller is not bound by apparent defects of which the buyer has been able to convince himself. »

Art. 1643 of the Civil Code: “He is liable for latent defects, even if he did not know of them, unless, in that case, he has stipulated that he will not be bound by any guarantee. »

Article 1644 of the Civil Code: “In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price refunded, or keeping the thing and having part of the price refunded. »

Article 1646 of the Civil Code: “If the seller is unaware of the defects of the thing, he shall only be bound to return the price and to reimburse the purchaser for the costs incurred by the sale. »

Article 1648 of the Civil Code: “The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. (…) »

XVII. MAJOR STRENGTH

In the event of the occurrence of a force majeure event preventing the execution of these Termes and Conditions, KJJ Talent Group shall inform the Client within fifteen (15) days from the occurrence of such event, by email or registered letter with acknowledgement of receipt. In addition to the cases usually retained by the jurisprudence of the French courts and tribunals, total or partial strikes, lock-outs, riots, boycotts or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, act of terrorism, bad weather, epidemic, blockage of means of transport or supply for any reason whatsoever are expressly considered as force majeure or fortuitous event, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes in forms of marketing, computer failure, blockage of telecommunications, including wired or wireless telecommunications networks, and any other cases beyond the control of the parties that prevent the normal execution of the contractual relationship. All the obligations of the parties are suspended for the entire duration of the force majeure event, without compensation. If the event of force majeure lasts for more than three (3) months, the transaction concerned can be terminated at the request of KJJ Talent Group or the Client without compensation on either side. Failure to pay by the Client cannot be justified by a case of force majeure.

XVIII. PARTIAL INVALIDITY

If one or more stipulations of these Terms and Conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain their full force and scope.

XIX. NON-WAIVER

No tolerance, inaction or inertia on the part of KJJ Talent Group shall be construed as a waiver of its rights under the Terms and Conditions.

XX. MEDIATION – APPLICABLE LAW – COMPETENT JURISDICTION

The sale of the Products is subject to French law.

In accordance with the order n° 2015-1033 of 20 August 2015, its implementing decree n° 2015-1382 of 30 October 2015, articles L.611 to L.616 and R612 to R616 of the French Consumer Code, the consumer client, subject to article L.152-2 of the French Consumer Code, has the right to submit a request for an amicable resolution by way of mediation, within a period of less than one year from the date of his written complaint to the professional.

KJJ Talent Group has appointed SAS Médiation Solution as a consumer mediation entity by signing an agreement registered under number CS000891/2002.

In order to refer the matter to the mediator, the customer must formulate his or her request:

Either in writing to :
Mrs Eliane SIMON, mediator
Sas Mediation Solution
222 chemin de la bergerie
01800 Saint Jean de Niost
Tel. 04 82 53 93 06

Either by e-mail to: contact@sasmediationsolution-conso.fr

Or by filling in the online form entitled “Contact the mediator” on the website
https://www.sasmediationsolution-conso.fr

Regardless of the means of referral used, the request must contain :
The postal, telephone and electronic contact details of the applicant,
The name and address of the professional concerned,
The convention number: CS000891/2002
A brief account of the facts,
A copy of the prior request addressed to the professional

The Customer may also contact the dispute resolution platform put online by the European Commission at the following address: http://ec.europa.eu/consumers/odr/.

In the absence of an amicable resolution, any dispute relating to the interpretation of the Terms and Conditions, the execution or termination of a sale, the interpretation, execution or termination of the present contract shall be submitted, in the absence of an amicable agreement, to the legally competent courts.
 

 APPENDIX 1: MODEL WITHDRAWAL FORM

(Complete and return this form and the Order number only if you wish to withdraw from the contract. We advise you to also specify your Order number).

Attn: ALMADKJ – 628, Chemin des Grandes Vierres, 69380 Dommartin, France

E-mail: contact@almadkj.fr

I hereby notify you of my withdrawal from the contract for the sale of the property(ies) below:

Ordered on ……………..(date of Order) and/or received on ……………..(date of delivery)

Name of the consumer Client :

Address of the consumer Client :

Signature of the Consumer Customer (only if this form is notified on paper)

Date :

For further information, you can contact Customer Service at contact@almadkj.com.

XXI. PERSONAL DATA AND COOKIES

Protection of personal data

GENERAL CONDITIONS OF USE – LEGAL NOTICES

Continued browsing of this site implies unreserved acceptance of the following provisions and conditions of use.
The version currently online of these terms and conditions of use is the only one enforceable for the entire duration of use of the site and until a new version replaces it.

Article I – LEGAL INFORMATION
1.1 Site www.almadkj.com domiciled at 628, Chemin des Grandes Vierres, 69380 Dommartin (France).

1.2 Publisher www.almadkj.com is published by the Company KJJ Talent Group, a simplified joint stock company with a capital of €1,000, whose registered office is 628 Chemin des Grandes Vierres – 69380 Dommartin, registered with the Paris Trade and Companies Register under number 852654763, including the intra-community VAT number FR96 852654763.
Telephone number: +33 6 03 26 98 34
E-mail address: contact@almadkj.com
Director of the publication: Katia Juanino Finet

1.3 Design and production: ….. (please specify)

1.4 Host (hereinafter referred to as “the Host”): …… (corporate name), ….. (form) in the capital of ….. (capital) euros, whose registered office is located at …… (registered office), RCS ….. (RCS), SIREN number ….. (SIREN number) represented by ….. (first name) ….. (surname), in its capacity as ….. (capacity),
Telephone number: ….. (specify the company’s reception telephone number)
E-mail address: ….. (indicate the e-mail address where someone from the company can be reached to complain about a problem concerning the site or its operation)

Article 2 – SITE ACCESS
Access to the Site is reserved for adults only. The publisher reserves the right to ask for any proof of your age, in particular if you use online ordering services.

Access to the Site and its use are reserved for strictly personal use. You undertake not to use this site and the information or data contained therein for commercial, political or advertising purposes and for any form of commercial solicitation and in particular the sending of unsolicited e-mails.

Article 3 – SITE CONTENT


All trademarks, images, photographs, texts, comments, illustrations, animated or non-animated images, video sequences, sounds, as well as all computer applications that could be used to operate this site and more generally all elements reproduced or used on the site are protected by the laws in force under intellectual property.
They are the full and entire property of the publisher or its partners. Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these elements, including computer applications, without the prior written consent of the publisher, is strictly prohibited. The fact that the publisher does not take legal action as soon as it becomes aware of these unauthorised uses does not constitute acceptance of the said uses and waiver of prosecution.

With regard to online ordering services, all the information on this site is valid for metropolitan France, Spain, . For any Order intended for other destinations, you must request the necessary information via the e-mail address of the publisher below.
 

Article 4 – MANAGEMENT OF THE WEBSITE

For the good management of the site, the editor can at any time :

  • suspend, interrupt or limit access to all or part of the Site, reserve access to the Site, or to certain parts of the Site, to a specific category of Internet user;
  • delete any information that may disrupt the operation of the Site or that contravenes national or international laws or the rules of Netiquette;
  • suspend the Site in order to carry out updates.
    Article 5 – LIABILITIES
    The publisher cannot be held liable in the event of failure, breakdown, difficulty or interruption of operation, preventing access to the Site or to one of its functionalities.
    The equipment you use to connect to the Site is under your sole responsibility. You must take all appropriate measures to protect your equipment and your own data, in particular from virus attacks via the Internet. Moreover, you are solely responsible for the Sites and data that you consult.
    The publisher cannot be held responsible in the event of legal proceedings against you:
  • because of the use of the Site or any service accessible via the Internet;
  • because of your failure to comply with these general terms and conditions.
    The publisher is not responsible for any damage caused to you, third parties and/or your equipment as a result of your connection to or use of the Site and you waive any action against him/her as a result.
    If the publisher should be subject to amicable or legal proceedings as a result of your use of the Site, it may take action against you to obtain compensation for all damages, sums, sentences and costs that may result from such proceedings.
  • Article 6 – HYPERTEXT LINKS
    The setting up by you of any hypertext links to all or part of the Site is strictly forbidden, except with the prior written authorisation of the publisher, requested by e-mail at the following address: …… (registered office of the publisher).
    The publisher is free to refuse this authorisation without having to justify its decision in any way whatsoever. Should the publisher grant its authorisation, it is in any case only temporary and may be withdrawn at any time, without any obligation of justification on the part of the publisher.
    In any case, any link must be removed at the publisher’s request.
    Any information accessible via a link to other Sites is not under the control of the publisher, who declines all responsibility for their content.
  • Article 7 – PERSONAL DATA PROTECTION
    Collection of personal data
  • The personal data collected on this Site (or “Platform”) are as follows:

   Account Opening When the Client’s Account is created, the Client’s surname, first name, email address and date of birth.

  Login When the user connects to the Site, the latter records, in particular, his surname, first name, connection, use, location and payment data.
 
Profile The use of the services provided on the Site enables a profile to be filled in, which may include an address and telephone number.
 
Payment As part of the payment for the products and services offered on the Site, the Site records financial data relating to the user’s bank account or credit card.
 
Communication The Site is used to communicate to Customers via Newsletters and a blog.
 
Cookies Cookies are used, within the framework of the use of the Site. The user has the possibility to deactivate cookies from the settings of his browser.

Use of personal data The personal data collected from users is used to provide and improve the services on the site and to maintain a secure environment. More specifically, the uses are as follows:

  • access and use of the Site by the user;
  • management of the operation and optimisation of the Site;
  • organisation of the conditions of use of the Payment Services ;
  • verification, identification and authentication of data transmitted by the user;
  • implementation of user assistance;
  • personalisation of the services by displaying advertisements according to the user’s browsing history, according to his preferences;
  • prevention and detection of fraud, malware (malicious software) and management of security incidents ;
  • management of possible disputes with users;
  • sending commercial and advertising information, according to the user’s preferences.

Sharing of personal data

Personal data may be shared with third party companies in the following cases:

  • when the user uses payment services, for the implementation of these services, the Site is in relation with third party banking and financial companies with which it has concluded contracts;
  • when the user publishes, in the free comment areas of the Platform, information accessible to the public;
  • when the user authorises the website of a third party to access his data;
  • when the Site uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to the user’s data, in the context of the execution of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data;
  • if required by law, the Site may carry out the transmission of data in order to follow up claims made against the Site and to comply with administrative and legal procedures;
  • if the Platform is involved in a merger, acquisition, disposal of assets or receivership proceedings, it may be required to sell or share all or part of its assets, including personal data. In this case, users would be informed before personal data is transferred to a third party.

Transfer of personal data Due to the organisation of the company responsible for the Site, within an international group, the user authorises the Site to transfer, store and process his/her information in the United States. The laws in force in this country may differ from the laws applicable in the user’s place of residence within the European Union. By using the Platform, the user consents to the transfer of his personal data to the United States.

The Site remains responsible for personal data that is shared with third parties under the Privacy Shield.
The Site complies with the rules of the Privacy Shield, the data protection shield between the European Union and the United States, as formulated by the U.S. Department of Commerce regarding the collection, use and retention of personal data transferred to the United States from the European Union. The Site has declared to the US Department of Commerce that it adheres to the principles of the Privacy Shield. In the event of a conflict between the terms of this clause and the Privacy Shield Principles, the Privacy Shield Principles shall prevail.

Security and Privacy The Site implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Site cannot guarantee the security of the transmission or storage of information on the Internet.

Implementation of users’ rights

In application of the regulations applicable to personal data, users have the following rights:

  • they can update or delete their personal data by logging into their Account and configuring the parameters of this Account;
  • they can delete their Account by writing to the email address contact@almadkj.com . Please note that information shared with other users, such as forum postings, may remain visible to the public on the Site, even after deletion of their Account;
  • they may exercise their right of access, to know their personal data by writing to the following e-mail address: contact@almadkj.com. In this case, before implementing this right, the Site may request proof of the user’s identity in order to verify the accuracy of the data;
  • if the personal data held by the Site is inaccurate, they may request that the information be updated by writing to the following e-mail address: contact@almadkj.com ;
  • users may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the following e-mail address: contact@almadkj.com.

Evolution of this clause

The Site reserves the right to make any changes to this clause relating to the protection of personal data at any time. If a modification is made to this personal data protection clause, the Site undertakes to publish the new version on its Site. The Site will also inform Customers of the change by e-mail, at least 15 days before the effective date. If the Customer does not agree with the terms of the new wording of the personal data protection clause, he has the possibility to delete his Account.
 

The Client is informed and agrees that his personal data may be collected on the Website and used by KJJ Talent Group acting as data controller within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (hereinafter referred to as “General Data Protection Regulation” or “GDPR”).

KJJ Talent Group undertakes to protect and ensure the security and confidentiality of its Clients’ personal data in accordance with the DPPR, in particular by taking all useful precautions to prevent such data from being distorted, damaged or accessed by unauthorised third parties.

All your Account information is only used in the context of your commercial relationship with www.almadkj.com. This information is never shared with third parties or resold. Finally, your banking information is never in our possession. Transactions are entirely processed through the secure payment module of our partner ADYEN. The Site uses cookies (connection cookies) which the user is informed of when arriving on the website. These cookies enable the recording of information relating to the navigation of the computer on the website. These cookies are only installed after acceptance by the user, the continuation of the navigation on the website being considered as acceptance. The user may oppose the use of these cookies by setting up their browser, bearing in mind that access to certain services may require the user’s prior acceptance of cookies.

Article 8. INTELLECTUAL PROPERTY


The content of the Website (technical documents, drawings, photographs, illustrations, tables, etc.) remains the property of KJJ TALENT GROUP, the sole owner of the intellectual property rights to this content.
Clients undertake not to make any use of this content; any total or partial reproduction of this content is strictly forbidden and is likely to constitute an offence of counterfeiting.

Article 9. INFORMATION TECHNOLOGY AND FREEDOM

The nominative data provided by the Customer is necessary to process his Order and to draw up invoices.
They may be communicated to the vendor’s partners responsible for the execution, processing, management and payment of Orders.
The processing of information communicated via the Website www.almadkj.com has been declared to the CNIL.
The Customer has a permanent right of access, modification, rectification and opposition with regard to the information concerning him/her. This right may be exercised under the conditions and according to the terms and conditions defined on the Website www.almadkj.com.

Article 10. COMMERCIAL OFFERS AND NEWSLETTERS

The Almadkj brand may send the Clients information relating to the brand’s Articles and commercial offers by post, email, sms, telephone or via all the web spaces animated by Almadkj on social networks, subject to prior acceptance.
The Client may at any time oppose these commercial prospecting mailings at no cost by clicking on the “unsubscribe” link in each email or, by making a request to a shop, via their Internet Account, by post or by replying STOP by SMS.

Article 11- COOKIES

The Site may automatically collect standard information. Any information collected indirectly will only be used to track the volume, type and configuration of traffic using this Site, to develop its design and layout and for other administrative and planning purposes and more generally to improve the service we offer you.

Article 12 – PHOTOGRAPHS AND REPRESENTATION OF PRODUCTS

The photographs of products, accompanying their description, are not contractual and do not commit the publisher.

Article 13 – APPLICABLE LAW

The present conditions of use of the Site are governed by French law and subject to the jurisdiction of the courts of …… (city of the publisher’s registered office), subject to a specific attribution of competence resulting from a particular law or regulation.
Article 14 – CONTACT US
For any question, information on the products presented on the site, or concerning the site itself, you can leave a message at the following address: contact@almadkj.com.

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