Last modifications: « 31 October 2010 »
Object
These conditions are concluded between, from one part :
« BY KARY », represented by Karina PECHEVA NIKOLAEVA as "auto-entrepreneur"
and located in France :
26, avenue Funel prolongée
06530 PEYMEINADE
Tél. : 06 65 73 32 47
E-mail : contact@bykary.com
SIREN 523577435
N°VAT FR65523577435
and, on the another part :
Every natural person visiting or making a purchase via the www.bykary.com web site.
The customer acknowledges that he has read and understood the special conditions of sale displayed on this screen during the order placement process, and agrees to be bound by them unreservedly.
The present conditions of sale govern contractual relations between BY KARY and its customer, and both parties agree to be bound by them unreservedly.
The Internet user declares:
- Have the capacity to conclude the present contract that is to have the legal majority and not be under guardianship.
- Do not proceed to purchases of products sold on the www.bykary.com site to resell them.
Article 1: Products
Products proposed in the sale by BY KARY are the ones appearing on the www.bykary.com site, in the day of the consultation of the site by the Internet user.
Those conditions applied for all the duration of the on line publishing of the services offered by BY KARY and within the limit of the stock availabilities.
Products proposed in the sale are described and presented with the biggest possible exactness. However, if errors or omissions came to occur in this presentation, the responsibility of BY KARY could not be engaged. Photos and texts illustrating products have only an indicative value and do not enter the contractual field.
Article 2: Prices
The prices of our products are indicated in Euros all inclusive of tax except share in the expenses of treatment and sending. These prices are communicated in Euros.
BY KARY reserves the right to modify their prices constantly but the applicable price is the one published in the BY KARY site at the time the orders are placed by the customers.
Article 3: Orders
By placing the orders, customers declare to have read all the instructions which refer to the methods of payment of products and declare to have fully accepted the General Conditions and to have read all additional information available in the BY KARY On-Line Shop, including information accessible through links.
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
Article 4: Payment
BY KARY e-shop accepts payment via PayPal by Credit Card and bank transfer. You may select from these payment methods at the end of the order process.
PayPal
PayPal permits any consumer who has an email address to send and receive payments in a safe, secure manner. Clicking the "Pay with Paypal" link will take you to PayPal's secure website. Once there, if you already have a PayPal account, you can simply proceed to authorize your payment.
If you do not have a PayPal account, you can register for free and securely enter your credit card information (prepaid cards are also accepted). You will then be able to send order payments to BY KARY with the simple click of your mouse.
You can also use your current bank account to apply funds to your PayPal account, from which you can subsequently make payments.
The usage of PayPal as an online payment tool is free.
Bank Transfers
You have the option of paying for your purchases using a Bank Transfer. To make a Bank Transfer, please follow these steps:
Step One - Select Bank Transfer
On the payment selection page, select 'Bank Transfer' from the list of accepted payment methods. You will then be presented with our bank details.
Step Two - Transfer the money
You may then process your bank transfer payment at your banking institution's local branch or via its website.
It is very important that you write the entire alpha-numeric order number (received at the time of purchase), including the initial letters, in the payment description form.
As soon as BY KARY has received your payment, your order will be processed.
Your bank transfer can take from 4 to 6 working days to be processed and credited to BY KARY's bank account, after which BY KARY will process your order in full.
Bank Transfer Information:
Account holder: MME KARINA PECHEVA NIKOLAEVA
BIC (ex SWIFT) code: SOGEFRPP
IBAN code: FR76 3000 3005 0700 0522 9409 881
Bank name: SOCIETE GENERALE MOUANS SARTOUX
Article 5: Shipping and delivery information
Except in the case of force majeure, delivery dates are in accordance with stocks available, as indicated below. BY KARY accepts no responsibility or liability for late delivery for any reason whatsoever. Therefore, no request for compensation of any kind can be claimed by a BY KARY customer.
BY KARY reserves the right to select the transporters and organizes the transport. Transport risks are accepted by the customer, from the moment the order leaves the warehouse.
The web customer undertakes to check the packaging and contents of the parcel and undertakes to write down any problem on the delivery note provided by the transporters.
Article 6: Returns and exchanges
You have a withdrawal period of 7 days, counting from the date of reception of the article, to return the products you ordered for a refund; if you have changed your mind, if the items received do not match the description given or if they are defective.
After this date, the items shall be deemed to have been duly accepted by the customer and BY KARY shall reserve the right to refuse to offer any exchange, credit note or refund.
Please take great care in describing your precise reason for returning the goods.
You will be refunded for the returned product within 30 days at the most, counting from when it is received by BY KARY.
Please note that the original delivery costs (if charged) cannot be reimbursed.
BY KARY does not propose any direct exchange system. If you want to exchange any of your items, you will have first to return the item(s) that does not fit and then place a new order to receive the desired item(s).
Goods must be returned in perfect condition and in their original condition to the following address:
BY KARY
26, avenue Funel prolongée
06530 PEYMEINADE, FRANCE
Should you have any queries or claims regarding returns you can send an e-mail, to the following address: contact@bykary.com
Article 7: Personal Data
The data gathered by BY KARY on the BY KARY'S web site is intended for BY KARY.
Your data will enable us, and our carrier services to fulfill your order, and to notify you about your order being processed. From time to time, we might also inform you about products, services, promotions and special offers available on bykary.com and offers from other reputable companies whose products and services may be of interest to you. You can give or refuse your consent to the data gathered via this order being used in connection with the BY KARY customer files and likewise to it being used by third parties.
If you do not wish to receive this information and wish us to cease processing the data gathered for Marketing purposes, please send us written notice, with your full name, postal address and email address to contact@bykary.com.
Cookies:
Cookies are small pieces of information that are stored by your browser on your computer's hard drive. Our cookies do not contain any personally identifying information, but they do enable us to provide features such as personalization and to store items in your Shopping Basket between visits. Most Web browsers automatically accept cookies, but you can usually change your browser to prevent that. Even without a cookie, you can still use most of the features in our store, including placing items in your shopping Basket and purchasing them.
You can deactivate the use of cookies by selecting the relevant parameters on your navigator. However, the deactivation could prevent the use of some functions on the BY KARY site, especially the possibility to personalize services available on the BY KARY internet site.
BY KARY uses 'Google Analytics'; an analysis service of internet sites provided by Google Inc. ("Google").
This service measures the traffic generated on the BY KARY internet site with the help of cookies and is totally anonymous data.
This data relating to the www.bykary.com internet site is transmitted and stocked under the responsibility of 'Google'.
Article 8: Intellectual property
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content appearing on this Website shall remain at all time vested in us or our licensors.
Every single part of the BY KARY web site, be it visual or audio, including the adjoining technology, is protected by author’s property rights, brands and patents.
A web user who has a personal web-site and wishes to post on their web-site a direct link to the BY KARY homepage must request authorization from BY KARY to avoid any implied association with BY KARY.
However, any hypertext link to the BY KARY site, namely through the use of framing techniques, deep-linking or in-line linking or all other deep link techniques is strictly forbidden.
In all cases, any link, even with tacit authorization, must be withdrawn immediately upon the request of BY KARY.
Article 9: Liability
As regards all stages of access to the site, of ordering processes, delivery or subsequent services, BY KARY only accepts partial responsibility. BY KARY cannot be held liable for any inconvenience or damages caused by the use of the internet network, such as a breakdown in the service, outsider intrusion, and the presence of any computer virus or any event of force majeure, as legally defined.
Furthermore, BY KARY declines all legal responsibility for any failure to comply with contractual obligations in the case of force majeure or unforeseen circumstances, including, but not as an exhaustive list, internal or external company strikes, fire, catastrophe, internal or external breakdowns, and any event in general that could affect the completion of an order.
Article 10: Validity of contract
Should any of the clauses in the contract herewith be made null and void by a change in the law, regulations or a legal ruling, then this shall not affect the validity and adherence to the general conditions of sale as stated herewith.
Article 11: Length of contract
The above stated conditions shall remain applicable during the whole of the time that online services are provided by the company BY KARY.
Article 12: Litigation
These Conditions are governed by and construed in accordance with French law and you agree that the French courts will have exclusive jurisdiction for any dispute under this agreement.
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