The present general conditions of sale are concluded between :
Kapitales (company 31EME SIECLE)
22 place du foirail du Castelviel
hereinafter referred to as the "Supplier
the client designated in § 1 of the contract
- 1 Scope, definitions
(1) The following general terms and conditions of business in the version valid at the time of the order shall apply exclusively to the business relationship between the provider of the online store (hereinafter referred to as "provider") and the customer (hereinafter referred to as "customer" or "you"). Deviating terms and conditions of the Customer shall not be recognized, unless the Provider expressly agrees to their validity.
(2) A consumer is any natural person who enters into a legal transaction for a purpose not attributable to his or her commercial or independent professional activities. An entrepreneur, on the other hand, is a natural or legal person, or a legally empowered partnership, who acts in the exercise of his or her commercial or independent professional activity when entering into legal transactions. A legally empowered partnership is a partnership that has the capacity to acquire rights and incur obligations.
- 2 Conclusion of the contract, 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 the shopping cart using the "Add to Cart" button. By clicking on the "Send Order" button, the Customer confirms a binding purchase request for the goods in the shopping cart. Before sending the order, the customer can modify and view the data at any time.
(3) The Supplier shall immediately review the transmitted order information. After this verification, the contract shall come into effect by the delivery of the declaration of acceptance by the Supplier, sent by e-mail to the e-mail address indicated by the Customer and in which the Customer's order and any other contents of the concluded contract are specified. The Customer may print this declaration using the "Print" function. This e-mail also confirms receipt of the order.
(4) If the Customer chooses the PayPal payment option, the Provider shall forward the order information to the payment service provider (PayPal (Europe) S.à r.l. et Cie, S.C.A. in Luxembourg), which shall perform a verification. The payment service provider will then collect the amount to be paid on behalf of the Supplier, communicate the order data and inform the Supplier about the payment made. After this verification, the contract comes into effect by the delivery of the declaration of acceptance by the Provider, which is sent by e-mail to the e-mail address indicated by the customer and in which the customer's order and all other contents of the concluded contract are specified. The Customer may print this declaration using the "Print" function. This e-mail also confirms receipt of the order.
(5) As soon as the Supplier receives the payment amount after the conclusion of the contract, the Supplier shall send the customer a confirmation e-mail. In addition, the Supplier shall inform the customer by e-mail as soon as he hands over the ordered goods to the shipping service provider.
(6) The Supplier reserves the right to adapt the visual ordered by the Customer in such a way as to best correspond to the spirit of the brand and the graphic and/or technical criteria of the various concepts proposed.
- 3 Delivery, availability of goods
(1) If the Customer orders a designated item according to its category, in particular with regard to nature, color, weight, dimensions or design, the Supplier shall deliver an item of the same type and quality.
(2) If at the time of the order no copies of the product chosen by the Customer are available, the Supplier shall immediately inform the Customer of this in the order confirmation. If the product is not available for an indefinite period of time, the Supplier shall not send a declaration of acceptance. In this case, no contract shall come into force.
(3) If the product designated by the Customer in the order is temporarily unavailable, the Supplier shall immediately inform the Customer in the order confirmation. In the event of a delay in delivery, the Customer shall be entitled to withdraw from the contract.
(4) The shipment is made after the payment has been received and the production has been completed. The customer can give his order a higher priority for an additional charge (express delivery). In the latter case, the processing is carried out on the same day as the other orders received.
(5) Unless otherwise specified in the order process, the delivery time is usually 5-10 working days, of which 3-4 working days are reserved for the production and/or printing of the textile. The remaining 2-6 working days are allocated to the expected postal time. For large quantities or complex production processes, the production time will be extended by the appropriate amount of time. The Supplier points out that he has the goods delivered by post and therefore has no influence on the delivery times. Exceptions apply for orders before holidays and public holidays (e.g. Mother's Day, Father's Day, Christmas), for which the delivery time can be up to 10-15 working days.
- 4 Reservation of ownership
(1) Until full payment has been made, the goods delivered shall remain the property of the Supplier. In addition, if the Customer is a merchant, paragraphs 2 to 4 below shall also apply.
(2) Until all claims (including all account balances) of the Supplier against the Customer have been satisfied, the goods delivered shall remain the property of the Supplier. In the event of a breach of contract by the customer, in particular if the customer is in default of payment, the supplier shall be entitled to take back the reserved goods after giving the customer a reasonable period of time to fulfil his obligations. Any taking back of the reserved goods by the Supplier shall constitute a withdrawal from the contract. The transport costs necessary for such a return shall be borne by the Customer. The contract shall also be deemed to be terminated if the Supplier seizes the reserved goods. The reserved goods taken back by the Supplier may be sold or reused.
(3) The customer shall treat the reserved goods with the utmost care. He shall insure the goods at his own expense against theft, fire and water damage in an amount sufficient to cover their value when new.
(4) In the event of seizure of the reserved goods by third parties or in the event of other interventions by third parties, the Customer shall indicate the Supplier's ownership and shall immediately inform the Supplier in writing, so that the Supplier can exercise its ownership rights. Insofar as the third party is not able to reimburse the related judicial or extrajudicial costs, the Customer shall be liable for them.
- 5 Delivery restrictions, prices and shipping costs
(1) Deliveries are made exclusively to the following countries:
France (Dom et Tom inclus), Europe, Royaume Uni, Etats Unis. D’autres pays seront prochainement disponibles.
A delivery restriction applies to all other countries, i.e. the Supplier does not deliver the goods there. In case of a delivery restriction for his domicile, if the Customer wishes to conclude a sales contract with the Supplier, he is obliged to collect the goods from the Supplier's headquarters.
(2) The prices charged are those valid at the time of the order. All price indications include the respective valid statutory VAT. In the case of a limited offer, the Supplier shall indicate the duration of the period in the online store.
(3) For orders for goods to be shipped to Germany, Austria, France, the Czech Republic and Slovakia, the VAT shall be determined by the competent authority in the country of destination. The Supplier shall indicate the prices including VAT applicable in the country of destination. For deliveries to other EU countries, the VAT is that set by the French tax authorities. The Supplier therefore indicates the respective VAT applicable for the French Republic.
(4) Since customs charges cannot be reasonably calculated in advance, the Customer is hereby informed that this is by nature an order subject to customs duties. In accordance with customs laws, the customer is obliged to carry out or have carried out the proper customs clearance of the goods directly after crossing the border in the country of destination.
(5) The corresponding shipping costs are indicated to the Customer in the order form and must be paid by the latter. For deliveries to Metropolitan France and Corsica, a flat rate for postage and packaging of 6.95 EUR (or 5.95 EUR in a Point Relais) per order is applied, regardless of the number of packages or the size and weight of the shipment.
The shipping costs for deliveries in Belgium are based on a Europe-wide flat rate of EUR 12.95 per order, regardless of the number of packages or the size and weight of the shipment.
(6) The goods shall be sent by post. If the Customer is a consumer, the risk of shipment shall be borne by the Supplier.
- 6 Terms of payment
(1) If the Customer's domicile and/or registered office is located within the country, the Customer may make payment by :
(2) Customers located abroad have the possibility to pay by :
Credit card or
(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the customer chooses the PayPal payment method, he/she can make the payment immediately upon placing the order. If the payment deadline is set according to the calendar, the customer shall be in default of payment as soon as this date is exceeded.
In case of late payment, the Customer shall be liable to pay interest at the legal rate.
- 7 Legal guarantees
(1) The products on sale on the Supplier's site benefit from the legal guarantee of conformity (Article L.217-4 and following of the Consumer Code)
Defects of conformity which appear within twenty-four (24) months from the delivery of the goods are presumed to exist at the time of delivery unless proven otherwise.
The Supplier shall refund the Customer or exchange the product that does not correspond to the order placed.
(2) The products on sale on the Supplier's site benefit from the guarantee against hidden defects (articles 1641 and following of the Civil Code)
You must exercise the legal warranty for hidden defects within two (2) years from the discovery of the defect.
The Customer may return the product and have the price returned, or keep the product and have part of the price returned.
- 8 Responsibility
(1) Claims for damages by the Customer shall be excluded, except for claims for damages by the Customer arising from injury to life, limb or health or from the breach of essential contractual obligations (so-called major obligations), as well as liability for other damages arising from intentional or grossly negligent breach of duty by the Supplier, its legal representatives or its vicarious agents. Essential contractual obligations are those whose performance is necessary to achieve the purpose of the contract. In the present case, this concerns, for example, the delivery of goods free of defects.
(2) In the event of a breach of essential contractual obligations, the Supplier shall only be liable for foreseeable damage specific to the contract, if such damage is the result of simple negligence, unless the Customer's claim for damages is based on injury to life, limb or health.
(3) The customer expressly assures that he/she is authorized to publish the texts and motifs and to reproduce them.
The Customer undertakes not to communicate any motifs or texts that infringe on intellectual property rights (e.g. copyrights 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 a specific examination and to reject the product order accordingly.
The customer is solely responsible for the reasons and texts he chooses and undertakes to guarantee the Supplier in the event of legal action taken by a third party.
(4) The Supplier shall not be liable for any typing, spelling or grammatical errors in the texts provided by the Customer.
(5) The restrictions of paragraphs 1, 2, 3 and 4 shall also apply to the legal representatives and vicarious agents of the Supplier, if claims are made directly against them.
- 9 Right of withdrawal for distance selling contracts
(1) In the case of a distance selling contract, the following paragraphs apply if the Customer is a consumer.
(2) Distance selling contracts are contracts in which the Supplier or a person acting on his behalf or on his orders and the consumer use exclusively means of distance communication for the negotiations and conclusion of the contract, unless the conclusion of the contract does not take place within the framework of a distribution or service system designed for distance selling.
(3) Right of withdrawal
In application of article L.221-8 of the Consumer Code, you have a period of fourteen (14) days to exercise your right of withdrawal from the receipt of the goods.
(4) Consequences of withdrawal
Withdrawal shall constitute termination of the contract and we shall refund to you immediately and at the latest within fourteen days from the date on which we receive notification of your withdrawal, all payments received by us from you, including delivery costs (except for any additional costs resulting from the fact that you have chosen another type of delivery than the cheapest standard delivery we offer). For this refund, we will use the same currency that you used in the original transaction, unless other arrangements are expressly agreed with you; you will not be charged any additional fees because of this refund. We may refuse the refund until we have received the goods back or you have provided us with proof that you have returned the goods (whichever is earlier).
You must return the goods to us immediately and in any event no later than fourteen days from the date on which you inform us of your revocation of this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period. We will bear the cost of returning the goods. You shall bear any loss of value of the goods if such loss of value is attributable to handling other than that necessary to ensure 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 (*)/service below (*)
Ordered on ()/ received on ()
-.-.-- / -.-.--
Name of consumer(s)
Address of the consumer(s)
Signature of consumer(s)
If you wish to exercise your right of withdrawal, please complete this form and return it to us at the following address
22 place du foirail du Castelviel
telephone number: +33 (0)5 63 43 07 92
e-mail address: firstname.lastname@example.org
(3) Exclusion of the right of withdrawal
According to article L.221-28 of the Consumer Code, the right of withdrawal is not applicable and cannot be exercised:
- for contracts for the supply of goods made to the customer's specifications or clearly personalised, i.e. contracts for the supply of goods (e.g. T-shirts) which are not manufactured in advance and whose manufacture required individual selection or definition on your part (e.g. T-shirts with personalised texts or designs).
- 10 Personal data
The personal data collected by the Supplier (data controller) are managed in compliance with the amended Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms and with Regulation (EU) 2016/649 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of data.
(1) Type of personal data
The Provider collects personal information in order to create your Customer account, including: last name, first name, postal address, e-mail address, telephone number, login and password.
Some cookies are essential to the use of a website, others allow to optimize the use of the site and to personalize the displayed contents.
Consent must be obtained prior to the insertion or reading of cookies.
The Customer can oppose the installation or the recording of cookies by configuring his browser:
Firefox™: https: //support.mozilla.org/fr/kb/activer-desactiver-cookies
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 Customer's personal data in accordance with the applicable legislation.
The data is processed for the purpose of managing the Customer's account; in order to process and follow up on orders, delivery, invoicing and after-sales service.
The Provider shall keep the User's data for the time necessary for the purpose of the processing carried out, in accordance with the applicable rules.
Cookies are kept for a maximum of 13 (thirteen) months.
(3) Customer's rights
In accordance with the Regulation on personal data, the Customer can:
- Access all of your personal data;
- Oppose the processing of your data, in particular by withdrawing your consent;
- Requesting the deletion of your data;
- Correct any inaccurate, incomplete or obsolete information;
- Request a limitation of the processing of your data;
- Request data portability.
The Customer may exercise his rights at any time by sending his request by email to the address: email@example.com or by post:
22 place du foirail du Castelviel
- 11 Applicable law
(1) The present general conditions of sale are subject to French law.
(2) In the event of a dispute, the place of jurisdiction shall be the Supplier's registered office.
(3) The contract shall also remain binding in the event of the legal invalidity of individual clauses. The legal provisions, if any, shall replace the said invalid clauses.
- 12 Mediation (In progress)
Any consumer has the right to have recourse free of charge to a consumer mediator for the amicable resolution of a dispute with a professional.
In accordance with the provisions of the Consumer Code, the Supplier hereby adheres to the Mediator's Service of [name of the Mediator, contact details, link to the website].
End of the general conditions of sale