GENERAL TERMS AND CONDITIONS OF SALE

UP TO DATE ON MARCH 31, 2021

PREAMBLE

The Kricri Nature website https://www.kricri.fr (hereinafter referred to as the “Website”) is an e-commerce site accessible via the Internet and open to all users of this network. It is published by the company Kricri Nature (hereinafter referred to as “Kricri Nature”) whose contact information and corporate identity are as follows:

KRICRI NATURE SAS

Simplified joint stock company with a capital of 13,200 euros

Registered office: 66 Avenue des Champs-Élysées – 75008 Paris

Registered at the RCS of Créteil under the number: 812 400 810

SIRET number: 812 400 810 00030

Intracommunity VAT number: FR36812400810

Customer Service E-mail: contact@kricri.fr

Phone number: 09 87 39 04 33

Director of publication: Mickael Zhang

Hosting provider : Ionos

KRICRI NATURE offers for sale cosmetic products manufactured by and / or for KRICRI NATURE or its possible business partners (hereinafter referred to as “Products“). These products are offered to people using the website (hereinafter “Users“).

For the purposes of these terms, it is agreed that the User and KRICRI NATURE will be collectively referred to as the “Parties” and individually referred to as a “Party”, and that the User who has validated an order will be referred to as “Buyer”. The rights and obligations of the User necessarily apply to the Buyer.

Any order of a Product offered on the Website or in the catalogs implies the consultation and express acceptance of these General Terms and Conditions of Sale (hereinafter “GTCS”) by the Buyer.

It is specified that the User may save or print these GSC. He may not modify them under any circumstances. These GSC are also available at any time on the Website. They may be modified at any time, the applicable GTC being those in force on the Website on the date the order is placed by the Buyer.

In accordance with the legislative and regulatory provisions in force relating to electronic signatures, it is recalled that the validation of the order form under the conditions provided for in these GTCs constitutes an electronic signature which has, between the Parties, the same value as a handwritten signature and is proof of the completeness of the order and of the payability of the sums due in execution of said order.

Data processing and Liberties – Personal data
We invite you to consult our Personal Data Protection Policy and .

Personal use of the Products
The User can take note on the Website of the essential characteristics of the Product(s). These characteristics as well as the recommendations of use of the Products are then described in the notice of each Product. KRICRI NATURE declines any responsibility for the misuse of the Products by the Buyer.

It is specified that the Products are intended for a personal use of the User, without any direct relationship with the professional activity of this one.

Purpose
The purpose of these Terms and Conditions is to define the terms and conditions under which KRICRI NATURE offers, via its website, the marketing of products. These GTC determine the rights and obligations of the Parties, born of the online sale or catalog of products offered on the website.

4. Products – Prices

4.1. Products

The products offered for sale by KRICRI NATURE are those listed on the Website, at the time of the consultation of the Website by the User and within the limits of available stocks.

KRICRI NATURE is very careful about the availability of its products and accepts orders within the limits of available stocks. However, in case of unavailability of any of the Products, the Buyer will be informed as soon as possible and will be reimbursed without delay and at the latest within thirty (30) days of the payment of the sums he has paid.

It is already specified that KRICRI NATURE reserves the right to substitute the unavailable product(s) by a similar product(s), of at least equivalent value. If the Buyer does not wish to keep the substituted Product(s), he/she will have the possibility to exercise his/her right of withdrawal according to the procedure and deadlines detailed below.

The photographs and texts illustrating the Products are not part of the contractual field. The minimal variations in the representation of the Products do not engage the responsibility of KRICRI NATURE and do not affect the validity of the sale.

4.2. Prices

Prices are quoted in Euros and are valid in France, Corsica and Monaco. They take into account any discounts, as well as V.A.T., applicable on the day of the order.

The prices indicated on the Website are guaranteed until the validity date indicated in the offer.

The prices indicated do not take into account the costs of processing, postage and packaging, which will be invoiced in addition.

The fees applicable to the different delivery methods available are as follows:

  • Standard delivery to the address of your choice: 6 euros for all orders under 39.99 euros and free for all orders over 39.99 euros
  • Delivery in a “Point relais” : 0 euros for any order inferior to 39,99 euros free for any order superior to 39,99 euros
  • Express delivery to the address of your choice: 15 euros whatever the amount of the order for a delivery in Metropolitan France, Corsica and Monaco.
    Delivery costs are automatically calculated when you order and are communicated to you before validation. The payment of delivery costs is made during the validation of the order.

KRICRI NATURE reserves the right to modify the prices of the Products at any time. The Products are charged on the basis of the prices in force at the time of the validation of the order, subject to the availability of the Products.

5. Registration and validation of the order

5.1. Navigation within the Website

The User can see the different Products offered for sale by KRICRI NATURE on the Website.

The User can navigate freely on the different pages of the Website, without being committed to an order. By logging in or using the Website, the User is subject to the Privacy Policy – which he acknowledges having read, understood and accepted without limitation or reservation.

 

5.2 Registration of an order

If the User wishes to place an order, he/she will select the various Products in which he/she is interested and will express said interest by clicking on the “Buy” box.

“On the Website, at any time, the User may :

obtain a summary of the Products they have selected, by clicking on their shopping cart,
continue his selection of Products by clicking on “Continue shopping”,
finish his selection of Products and order these Products by validating his basket and clicking on “Order”.
To order the Products he has chosen, after having clicked on “Checkout”, any User will have to identify himself, either by entering his e-mail address and his confidential password, if he has already created his account, or by following the procedure for creating a User account.

In the latter case, the User must accurately fill in the form provided, on which he/she will include the information necessary for his/her identification and in particular his/her last name, first name and postal address. In addition, the User must provide his e-mail address and a password of his choice which will be personal and confidential and which he will need to identify himself later on the Website.

The User is informed, and expressly accepts, that entering these two identifiers is proof of his/her identity and demonstrates his/her consent.

Once the User is identified, he will have to validate the delivery address and an order form will appear on the screen, summarizing: the nature, the quantity and the price of the Products selected by the User, as well as the total amount of the order, the delivery charges, the contact information of the User, and the address and the delivery time of the Products. The User can choose the method of payment he wants, among those proposed by KRICRI NATURE.

5.3. Final validation of the order

After having read the status of the order, and once all the information requested has been completed by the User, the latter may :

– either select the method of payment to definitively confirm the order;

– or click on the button allowing him to modify his basket and/or the information relating to his personal details.

By selecting the payment method button, the User must, before finalizing the transaction, read these GTC, then confirm his acceptance of all the GTC, by means of a confirmation of acceptance action implemented by the Website.

Once the User has duly accepted the GTC, he/she may then pay by credit card.

The User will have to transmit his credit card number, according to the type of the latter, the expiry date of the latter as well as the cryptogram number (3 digit number appearing on the back of the credit card).

It is specified that by choosing an immediate payment by credit card, the User will be automatically transferred to the CIC bank’s electronic payment server (hereinafter referred to as the “Bank”). The Bank’s server is secured by S.S.L. (Secure Socket Layer) encryption in order to protect all data related to payment methods as effectively as possible. At no time the banking data of the User will pass through the computer system of KRICRI NATURE. KRICRI NATURE does not keep any banking data of the Buyers. Consequently, the responsibility of KRICRI NATURE can not be held liable for any fraudulent use, misappropriation or malfunction of any nature whatsoever related to bank details transmitted by the buyer to the server of the Bank.

The order is validly registered once the Buyer has been able to check the details of his order and its total price, that he has been able to correct any errors, and that he has definitively validated his order by proceeding to full payment. The User then becomes a Buyer.

The order form will be recorded on the computer records of KRICRI NATURE, themselves kept on a reliable and durable, and will be considered proof of contractual relations between the Parties.

5.4. Confirmation of the order

When he has validated his method of payment on the website (if necessary with the provision of his card number and expiration date), a summary printable and recordable order of the Buyer will be displayed, including the references of the order. A confirmation e-mail will be sent to the Buyer when the order is registered, including the following information:

  • Identity and contact details of the seller
  • References of the order
  • Summary of the order and essential characteristics of the Product(s)
  • Delivery times, costs and any restrictions on delivery Total amount of the order, including delivery costs
  • Rights and legal guarantees available to the Buyer
  • Confirmation of payment.

5.5 Returns and refunds

In accordance with Article L. 2014-344 of the Consumer Code, the buyer has a period of fourteen working days from the date of receipt, to return the products ordered, for refund.

KRICRI NATURE takes care of the return shipping costs, whatever the reason for your return. The procedure to follow is as follows:

 

RETURN PROCEDURE

Replace the products in their original packaging and place them in the same box you received;
Remove all labels from the box;
Tape the return slip (provided in your package) to the outside of the closed box. If you did not receive a return slip with your order, please contact KRICRI NATURE Customer Service at 09 87 39 04 33 or via email: contact@kricri.fr. The customer service will send you a new return form.
Drop your package in your collection point and your return will be made free.

5.6 Damaged items

If you notice that your package has been damaged during delivery, keep the box and the items and contact customer service immediately on 09 87 39 04 33 to find out how to return your package.

The refund will be made only in the form of a re-credit on the credit card used during the purchase.

KRICRI NATURE purchases that you would have made at one of our resellers, can not be returned or refunded via the Website. KRICRI NATURE recommends that you return your product to the place of purchase. If you can not return to the place of purchase, please contact customer service at 09 87 39 04 33.

 6. Payment

The amount due by the buyer is the amount indicated on the order confirmation sent by e-mail by KRICRI NATURE to the buyer.

The payment is made on the Internet by credit card (Visa, Eurocard / Mastercard, American Express). It is specified that only bank cards issued by a French or Monegasque financial institution will be accepted.

In any case, KRICRI NATURE reserves the right to refuse any order or delivery in case of :

  • Exceeding the ceilings indicated in the preamble of these terms,
  • An existing dispute with the Buyer,
  • Total or partial non-payment of a previous order by the Buyer,
  • of refusal of authorization of payment by card of the banking organizations,
  • of non-payment or partial payment,
  • use of a bank card not issued by a French or Monegasque financial institution.

    7. Property reserve

KRICRI NATURE retains ownership of the product(s) ordered until full payment of the price and accessories including delivery charges. In case of payment incident, the buyer agrees to return to KRICRI NATURE the product(s) received, without delay and at first request.

Delivery
KRICRI NATURE sends a notice of shipment, by email, when sending the package.

Products ordered by the Buyer will be delivered only in Metropolitan France, Corsica and Monaco, at the address indicated by the latter on the order form. An order can only be associated with one postal address. If you wish to send the same package to several addresses, you must create an order for each of the addresses concerned.

In any case, the Products will be sent by mail in standard delivery, in delivery point relay and in express delivery. As an indication, the usual delivery times are as follows:

  • Standard delivery: processing and shipping of orders from 2 to 4 working days;
  • Delivery to a “Point relais”: processing and shipping of orders from 2 to 4 working days;
  • Express delivery: processing and shipping of orders within 24 hours if ordered before 11am.

We process orders on working days from Monday to Friday, except on public holidays. Orders placed on Saturday and Sunday are processed the following Monday. An order is only shipped once it has been processed.

The delivery times are given as an indication.

KRICRI NATURE is not responsible for any delay in delivery caused by a third party.

The delivery, and the deadlines mentioned above, can not be assured in case of force majeure (see below).

Your order will be delivered in accordance with the delivery option chosen when you order.

For deliveries in relay points, you will receive an email to inform you that your order is available. It is then necessary to go to the relay point with the following documents:

 

Photo ID or any other photo ID containing your full name, (EDF bill, pay slip, or bank statement);
If a third party picks up your order on your behalf, they will need to present an ID in your name and an ID in their name.
You will be asked to sign the voucher to confirm receipt of your order. If you do not pick up your order within 10 days of it being made available, it will be sent back to our warehouse.
Some orders require a signature upon delivery. If you are not available to receive your order, our delivery service provider may leave a phone number or voucher for an alternative delivery method. To ensure the safe and secure delivery of your order, our delivery provider will not be able to leave your order at the address provided if you are not home.

We take every precaution to deliver to the address indicated. However, we will not be responsible for non-delivery or incorrect delivery due to incorrect data entry.

9 Legal guarantee

KRICRI NATURE is bound to the Buyer :

  • of the legal guarantee of conformity mentioned in articles L. 211-4 to L. 211-13 of the Consumer Code (articles L. 211-4, L. 211-5 and L. 211-12 of the Consumer Code, below reproduced), (see paragraph 8.2.1. below) and
  • the warranty relating to defects in the item sold, under the conditions provided for in articles 1641 to 1648 and 2232 of the Civil Code (articles 1641 and 1648 paragraph 1 of the Civil Code, reproduced below) (see paragraph 8.2.2. below).

Legal warranty of conformity

Article L. 211-4 of the French Consumer Code: “The seller is required to deliver goods that conform to the contract and is responsible for any defects in conformity that exist at the time of delivery.

He is also liable for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility. ”

Article L. 211-5 of the Consumer Code: “To be in conformity with the contract, the goods must:

1° Be fit for the purpose usually expected of similar goods and, where appropriate :

– correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;

– have the qualities that a buyer may legitimately expect, having regard to the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;

2° Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use

sought by the buyer, brought to the attention of the seller and accepted by the latter.

 

Article L. 211-12 of the Consumer Code: “The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. “Moreover, the Buyer is reminded that “Defects of conformity that appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. (…) The seller may rebut this presumption if it is not compatible with the nature of the goods or the claimed lack of conformity” (Article L.211-7 of the Consumer Code).

Guarantee relating to defects in the sold items

Article 1641 of the Civil Code: “The seller is bound by the warranty for hidden defects of the thing sold that make it unfit for the purpose for which it was intended, or that so diminish this use that the buyer would not have acquired it, or would have given only a lesser price, if he had known about them. ”

Article 1648 paragraph 1 of the Civil Code: “The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. ”

Time limits and methods of exercising legal guarantees

Any claim made after the two-year period provided for in Articles L. 211-12 of the French Consumer Code and 1648 paragraph 1 of the French Civil Code will be rejected.

If the delivered Product(s) prove(s), from the Buyer’s point of view, to be non-compliant or to present a hidden defect(s), the Buyer must contact the Customer Service at contact@kricri.fr to notify it of the non-compliance or hidden defect of the Product.

The Customer Service will inform the Buyer of the procedure to follow to proceed with the shipment of the Products.

Any return shipping costs incurred by the customer will be reimbursed by KRICRI NATURE.

Upon receipt of the Product(s) and after examination of the request and the Product(s), if the non-conformity or defective character of the Product(s) was proven, it will then be proceeded as follows:

  • In the event that the legal guarantee of conformity is invoked
    The Buyer may choose to repair or replace the goods, subject to the provisions of Articles L. 211-9 and L. 211-10 of the Consumer Code.
  • In case of implementation of the guarantee relating to the defects of the thing sold
    It will be done in accordance with articles 1644 to 1646 of the Civil Code.

10. Right of withdrawal
Pursuant to the provisions of Articles L. 121-21 et seq. of the Consumer Code, the Buyer has a period of fourteen working days to exercise his right of withdrawal to return the Product(s) he has ordered, without having to justify his decision.

This withdrawal period expires fourteen days after the day of receipt of the Product(s) ordered.

To exercise the right of withdrawal, the Buyer shall notify Us of his decision to withdraw by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail).

To this end, the Customer may also use the model withdrawal form that can be downloaded by clicking on the following link [withdrawal form] and notifying Us by mail at

KRICRI NATURE SAS

Customer Service

66 Avenue des Champs-Élysées – 75008 Paris

Customer Service e-mail: contact@kricri.fr

If the Buyer submits his or her withdrawal request electronically, We shall immediately send the Buyer an acknowledgement of receipt of the withdrawal on a durable medium (e.g., by e-mail).

In accordance with the provisions of Article L. 121-21-8 of the Consumer Code, it is specified to the Buyer that notwithstanding a request for withdrawal made within the period previously indicated, the right of withdrawal can not be exercised in particular “for contracts (…) for the supply of goods that have been unsealed by the consumer after delivery and which can not be returned for reasons of hygiene or health protection.

Therefore, the Buyer shall return the complete, unused Product(s) in its (their) original, undamaged packaging.

The return must be made to the address of KRICRI NATURE listed above, without undue delay and, in any case, no later than fourteen days after the buyer has communicated his decision of withdrawal.

The Buyer must contact the customer service to know the procedure allowing him to return the product (s) without charge. The responsibility of the Buyer is engaged only with regard to the depreciation of the Product(s) resulting from handling other than those necessary to establish the nature, characteristics and proper functioning of the Product(s).

The Buyer shall ensure, insofar as possible, to attach to his package the number of his order and a transport slip to be stuck on the package, the latter can be obtained by contacting the Customer Service at 09 87 39 04 33 or by email at contact@kricri.fr or be found directly in the original package.

If the Products are not returned within the aforementioned period of fourteen days from the date of effective receipt of the order, the order is deemed final and no refund will be made, except in the cases provided for in these GTC.

In case of withdrawal of the Buyer, KRICRI NATURE will refund all payments received from the Buyer, including shipping costs (except for additional costs resulting from the fact that the Buyer would have chosen, if any, a method of delivery other than the less expensive method of standard delivery offered by KRICRI NATURE) without undue delay and, in any case, no later than fourteen days from the day KRICRI NATURE will be informed of the decision of withdrawal of the Buyer.

KRICRI NATURE will proceed to the refund by using the same means of payment that the Buyer used for the initial transaction; in any case, this refund will not incur any costs for the Buyer.

The refund of the above-mentioned sums will be deferred until the Product(s) is (are) recovered as described above, or until the Buyer has provided KRICRI NATURE with proof of shipment of such goods, whichever comes first.

For further information on the scope, content and methods of exercising the right of withdrawal of the Buyer, he can contact the customer service by email at contact@kricri.fr

11. LIMITATION OF LIABILITY

KRICRI NATURE does not warrant that the information provided on the Website will be current and complete at all times.

The information provided on this website is only intended to provide general information and has no contractual value.

The use by the User of the information contained in this Website is the sole responsibility of the User.

KRICRI NATURE declines any responsibility for any occurrence of bugs, for any damage resulting from a fraudulent intrusion of a third party having led to a modification of the information made available on the Site and more generally for any damage, direct or indirect, whatever the causes, origins, natures or consequences, caused because of the access of anyone to the Site or the inability to access it.

In particular, KRICRI NATURE disclaims any responsibility for damage that may be caused to computer equipment of users following their access to this website.

Unavailability of the Website

KRICRI NATURE strives to keep the Website accessible, but is not obliged to do so.

KRICRI NATURE can not be held responsible, in case of unavailability of the Website, for any reason whatsoever.

 

Access to the Website

KRICRI NATURE reserves the right to modify, terminate, suspend, or discontinue at any time, for any reason and at its sole discretion, access to all or part of the Website, including but not limited to content, features or hours of availability without prior notice.

12. Force majeure

KRICRI NATURE will not be responsible for the total or partial non-performance of its obligations under this contract, if this non-performance is caused by an event constituting force majeure.

Events meeting the criteria set by jurisprudence and laws in force will be considered as force majeure.

In the event of a force majeure event, KRICRI NATURE will notify the User/Purchaser within five (5) business days of the occurrence or threat of such event.

The Parties agree that they shall consult as soon as possible to determine together the terms of execution of the order during the duration of the force majeure event.

After a period of one (1) month of interruption due to force majeure, KRICRI NATURE may not honor the order, at its expense to reimburse the Buyer if necessary.

13. Partial invalidity

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

14. Completeness of the contract

The present GTC and the order summary sent to the Buyer form a contractual whole and constitute the entirety of the contractual relations between the Parties.

In case of contradiction between these documents, the present GTC shall prevail.

15. Applicable law and jurisdiction

These GTC and the contractual relationship between KRICRI NATURE and the Buyer are subject to French law.

Any dispute arising from the formation, interpretation or execution of this contract will be submitted to the competent French courts or any other competent judicial authority.

16. Contact Customer Service and Mediation of Consumer Disputes

For any question relating to a purchase made on the Website, the Buyer may contact the Customer Service Department as follows

  • By phone at 09 87 39 04 33 from Monday to Friday from 8am to 8pm and on Saturday from 9am to 8pm, excluding public holidays.
  • By email: contact@kricri.fr
  • By mail: Kricri Nature, 66 Avenue des Champs-Élysées – 75008 Paris, France

 

KRICRI NATURE SAS

Customer service

66 Avenue des Champs-Élysées – 75008 Paris

In accordance with the provisions of the Consumer Code (Articles L.611-1 to L.616-3), the Buyer has the right to use the mediation service offered by KRICRI NATURE free of charge.

The name and contact information of the Mediator of consumption proposed by KRICRI NATURE will be communicated by KRICRI NATURE at first request of the Buyer. According to Article L.612-2 of the Consumer Code: “A dispute can not be examined by the mediator of consumption when :

1° The consumer does not justify having tried, beforehand, to resolve his dispute directly with the professional by a written complaint according to the modalities provided for, if necessary, in the contract;

2° The request is manifestly unfounded or abusive;

3° The dispute has been previously examined or is being examined by another mediator or by a court;

4° The consumer has made his request to the mediator within a period of more than one year from his written complaint to the professional;