PREAMBLE

Date de mise en ligne : 8 octobre 2010

These conditions are exclusively concluded between the company KHYAM , registered with the RCS of Clermont-Ferrand under number 398 390 237, whose headquarters is located ZAC de Trémogne, 58 avenue du Belvédère, 63130 ROYAT, hereinafter referred to as KHYAM "Parties" and anyone visiting or making a purchase through the be-wak.fr website, hereinafter referred to as the Visitor or "the parties".

The parties agree that their relations will be governed exclusively by these general conditions of sale which are available on the be-wak.fr website.
These conditions may be subject to change. Therefore it is understood that the conditions applicable are those in force on the website during the contract.

Finally, these general conditions of sale define the terms of sale between KHYAM and the Visitor. They regulate the different steps to carry out an order on this website.

The date of launch of these Conditions of Sale applies date of entry into force.

Prior to placing an order, the Customer acknowledges having read them and formally declares that he accepts them unreservedly when he clicks on the “Validate” button confirming his/her preferred mode of payment.

At the time of placing the order, the Client declares having read the terms of sale displayed on the screen (name, price, constituents, weight, quantity, color and specificity of the products, as well as the home delivery service and the limitations regarding specific product categories) and accepting them without reservation.

ARTICLE 1 - CONTRACT

The Visitor declares that he is 18 years of age and that he has the legal capacity to contract on our khyam.fr website and to respect these general conditions of sale or that he holds a parental authorization allowing him to place an order on the be-wak.fr website.

Order placing is done in several stages :
- The Visitor places items in his “KHYAM basket” (purchase order),
- The Visitor identifies himself/herself with KHYAM (creates or uses account)
- The Visitor chooses mode of payment,
- The Visitor makes its request for payment,
- Finally, the Visitor receives from KHYAM an e-mail stating that his order has been recorded.

In the case of an order in excess of €300, KHYAM will be entitled to request the user to provide one or more documents providing proof of domicile by e-mail or fax before confirming his order. Order will only be final when KHYAM receives such document(s) and sends a confirmation email.

KHYAM reserves the right to refuse an order if there is a dispute in progress or if the level of the order is abnormally high.

Until proven otherwise, our computer records and those of our service providers, which are kept in reasonable conditions of safety, constitute proof of all transactions betweenKHYAM and the Visitor.

We archive purchase orders and invoices on a reliable medium. In accordance with legal requirements, the Visitor may access them on the be-wak.fr website (“My account” page) or by requesting them if related orders amount to or exceed €100.

KHYAM recommends that the Visitor keep the validation email of his order.

Once the order is ready for shipping, KHYAM sends a dispatch email to the Visitor. 

PRICES
The prices posted on the website are in euros and include all charges applicable within Metropolitan France. VAT is applied at the rate in effect at the time of ordering. Any rate change is to be immediately applied to the pending order. Product prices are exclusive of shipping charges, which are due. If shipping is not offered free of charge, then the Visitor is informed of shipping charges on the screen, in the summary table, before the order is validated. Shipping charges are usually offered by KHYAM for all orders exceeding a net amount of €100.

PAYMENT
The Visitor may perform payment by bank card, French Carte Bleue, Visa, Mastercard, E-Carte Bleue or Aurore Card, by cheque, bank transfer or with a 1euro.com account.

Cashed amounts cannot be considered as deposit. Delays in payment entail late-payment interest equal to 1.5 times the current legal rate, applicable from the day of the order to pay.

Payment by bank card :
The amount related to the products and services requested by the Visitor will be debited from his/her bank account once the order is complete and waiting for shipping. In the case of deferred shipping, not exceeding 30 days, the amount of the order will be debited at most 5 days after it the order has been recorded.

KHYAM guarantees secure payment by bank card by using the SSL (Secure Socket Layer) cryptographic protocol, as well as Paybox Services for payment processing.

Payment by cheque :
Payment by cheque (bank or French post-office) is only possible for Visitors whose bank is based in Metropolitan France, for an amount not exceeding 2,500 euros (Tax and shipping charges included).

The Visitor then sends the cheque in the order of KHYAM, at the address shown on the order confirmation page, with the order number on the back of the cheque.

KHYAM reserves the right to cancel the order if it has not received the cheque within five days from the day the order is made.

Shipping of the order will only be made after the cheque has been cashed ; delivery times are valid from that day. Given the time needed for cashing the cheque, it is possible that some items may become unavailable at the time of order validation by our sales department.

The Visitor acknowledges being informed of extra processing and shipping time.

Payment by bank transfer :
The Visitor asks his/her bank for a transfer order to the KHYAM account, whose number he will have received.

Should KHYAM not receive full payment, KHYAM reserves the right to cancel the order 5 days after the date of that order.

Shipping of the order will only be made once the transfer is complete ; delivery times are valid from that day.

The Visitor acknowledges being informed of extra processing and shipping time.

ARTICLE 2 - PRODUCTS

KHYAM attempts to describe and present the items sold on the www.khyam.fr website with the greatest accuracy. However, some specifications of products can be slightly modified, especially to improve quality. Moreover, despite all our precautions, errors may occur. Should you notice such an error, we thank you in advance to report it to us so we can correct it. Similarly, product photos provided on www.khyam.fr are not binding. In no case can the responsibility of KHYAM be held on the basis of such photos.

ARTICLE 3 - AVAILABILITY

Our product offerings and prices are valid as long as they are visible on the website. The Visitor is invited to check the availability of items sold on the information page of each product.

In the case of an order including several items, should one of these be provisionally unavailable for a period not exceeding 30 days, KHYAM will notify the Visitor. KHYAM will offer two ways to deal with the order :

The whole order will only be processed and shipped when all items have become available, or

KHYAM will cancel from the order all unavailable items, and the order wil be shipped.

However, should items prove to remain permanently unavailable, KHYAM will notify the Visitor. The latter will then have the following choice :

- either to cancel the whole order. Payment will then be cancelled too ;

- or to receive all available items. Payment will then include only those items shipped, including related shipping charges applicable.

For payment by cheque, the whole amount is cashed before order validation. Given the time needed for receiving and cashing, it is possible that some items may become unavailable at the time of final order validation by our sales department. If one or several items become available, KHYAM will refund the related amount.

ARTICLE 4 - DELIVERY

Products are shipped both within Metropolitan France and throughout the world. They are delivered at the address provided by the Visitor on the purchase order.

For shipment tracking reasons, KHYAM reserves the right to refuse delivery of orders placed by private individuals when the delivery address is that of facilities or organizations like barracks, hospitals, holiday resorts, etc. Such list is not exhaustive. In the case of deliveries to be made to facilities, the Visitor acknowledges that KHYAM has effectively performed delivery when shipment is delivered at the address indicated in the purchase order, even though a third party has received the products. KHYAM is not responsible for extra routing to final destination.

The time base for delivery shown in the website begins at the time the Visitor receives the confirmation email sent by KHYAM. Such time base is provided for information only and cannot be guaranteed by our firm since we do not master the time needed by transport companies to deliver the goods ; it usually takes them 2 to 4 days.  Orders are processed on the day of validation (payment cashed) or the day after. Therefore, delivery usually takes place within ten days at most.

Depending on the number of items, the volume and the weight of the order, KHYAM uses two shipping methods :

For single, small volume parcels weighing less than 30 kgs : delivery is made by the Post Office (« Colissimo 48h »), or by a shipping company selected by KHYAM .

For multi-parcel, large volume shipments weighing more than 30 kgs : delivery is made by a shipping company selected by KHYAM.

Regarding receipt of the goods, KHYAM strongly recommends that the Visitor should open the parcel(s) in front of the delivery man, and check the apparent state of the products (both inside and outside). Should the Visitor notice any defect (damaged packaging, missing or damaged item), the Visitor must :

-          refuse the damaged parcel(s)

-          accurately describe on the delivery slip the damages causing his refusal

-          write the date and have the delivery man sign jointly those reservations

-          confirm such reservations within 3 calendar days after delivery of products by registered letter with recorded delivery sent to the shipping company

-          notify KHYAM (article 8-2) within the next 48 hours.

Both the procedure and the address of KHYAM appear on the website.

In the absence of such procedure, the Visitor will not be able to make a complaint.


ATTENTION : Statements such as « subject to unpacking » will not be taken into account in case of claim.

Shipping charges :
If shipping charges are not offered, their amount is mentioned at the time the Visitor validates his/her order. They include :

-          order paperwork

-          parcel processing and sending

-          shipping charges based on weight and destination of the order.

 

ARTICLE 5 – RETURN & RIGHT OF WITHDRAWAL

According to article L.121-20 et seq. of the French Consumer Code, the visitor benefits from a 14-working day period of withdrawal from the date of delivery of the order, during which he/she can return any item that does not suit him/her ; items must be returned in good condition, in their original packaging, suitable for resale ; the Visitor may request an exchange item or a refund, at no cost except return shipping charges.

Should the Visitor wish to exercise his/her right of withdrawal, he/she must contact KHYAM by email or telephone. KHYAM then indicates the steps to follow to return the products.

To meet the requirements of the right of withdrawal, KHYAM offers a credit note or a refund.

If the Visitor chooses the refund, KHYAM will pay back the amount matching the price of the item within 14 days from the date of delivery provided that the item has been returned complete, in perfect condition and in its original packaging.

If the order was paid by cheque, it will be refunded by cheque within 30 days from the date the refund was requested.

The product must be returned complete (accessories, manuals, etc.) in its original packaging, without dirt or blades of grass (in the case of tents), along with a copy of the invoice. If the product is incomplete, damaged or dirty, it will not be refunded and it will be sent back to the Visitor at his/her expense.

All shipping charges are to be paid by the Client. Therefore, we recommend insuring parcels for the amount shown in the invoice.

The Visitor remains free to choose the mode of shipping back to KHYAM and to insure the parcel, or not, against loss, theft or destruction. KHYAM does not pay for any of these costs or for the shipping, and it cannot be held responsible for not receiving the Visitor’s parcel.

Finally, the Visitor is responsible for the packaging of his product, which must be performed in such a way that the product may travel without being damaged or broken.

As a rule, all costs and risks associated with the return of the product are to be borne by the sender.

An incomplete, damaged item, or an item sent without its original packaging, will not be refunded and will be dealt with accordingly.

All returns accepted by our customer service will lead to a refund (on the Client’s request) or the granting of a credit note after the quality of the returned product has been checked. Only the price of the returned item(s) will be refunded. Shipping and delivery charges are borne by the Client. Special case : if the initial amount of the order was postage-paid, two options are possible : (1) the value of the returned item(s) brings the amount of the order below the postage-free threshold. In this case, KHYAM will refund the price of the returned item(s) minus the shipping charges which had been offered. (2) the value of the returned item(s) does not bring the amount of the order below the postage-free threshold. In this case, KHYAM will refund the price of the returned item(s).

If the Visitor is absent at the time of delivery, and he/she does not retrieve his order at the shipping company’s, or if there is a problem with the delivery address given by the Visitor, KHYAMwill contact him/her to validate the return of the shipment. In the absence of a reply from the Visitor within the next 30 days after the reminder, KHYAM will consider that the Visitor has exercised his right of withdrawal for this order.


RETURN

Apart from the right of withdrawal mentioned in Article 7, the Visitor may be led to return a product for three reasons : size of the item, item noncompliant, or item damaged during transport.

Problem with item size
The Visitor has 48 hours following delivery to request an exchange by email or telephone.

KHYAM will indicate the procedure allowing the Visitor to exchange the product for another identical in a different size, provided it is available.

Return shipping charges will be paid by the Client.

Item noncompliant
The Visitor has 48 hours following delivery to request an exchange by email or telephone.

KHYAM will indicate the procedure allowing the Visitor to return the noncompliant item. In such case, KHYAM :

-          will pay return shipping charges, and

-        will send the item compliant with the order  within 10 days following receipt of the returned item, provided it is available.

Should the product not be available at the time of return, KHYAM will refund the missing item and the shipping charges, the terms being equivalent to those of a right of withdrawal.

The Visitor is reminded that he/she remains free to insure the parcel, or not, against loss, theft or destruction. KHYAM does not pay for any of these costs or for the shipping, and it cannot be held responsible for not receiving the Visitor’s parcel.

No product returned without prior authorization will systematically be considered as noncompliant return and will be dealt with as described in Article 10 of these General Conditions of Sale.

Finally, the Visitor is responsible for the packaging of his product, which must be performed in such a way that the product may travel without being damaged or broken.

Only items that have been returned complete, in perfect condition and in their original packaging will be accepted. In all other cases, return will be considered as noncompliant and will be dealt with as described in Article 10 of these General Conditions of Sale.

Item damaged by shipping company
The Visitor must imperatively check the parcel for damages at the time it is delivered and must make all necessary reservations on the delivery slip. Should he not do that, KHYAM will not accept any claim.

The Visitor has 48 hours to inform KHYAM of his/her claim by email or telephone. The Visitor will then have to send a copy of all documents related to the faulty delivery to KHYAM (delivery slip, reservations) so that the claim can be processed. KHYAM will then indicate the procedure to return the damaged product.

The damaged product must be returned complete, in the state it was at the time of delivery, in its original packaging.

Article 5 applies in this circumstance.

If product return is validated by KHYAM, and if the product is available, the damaged product will be exchanged within 90 days maximum.

If product return is validated by KHYAM, and if the product is not available, KHYAM will refund the amount paid for the damaged product and the shipping charges, the terms being equivalent to those of a right of withdrawal.

If product return is not validated by KHYAM , in particular if reservations were not made at the time of delivery, return will be deemed noncompliant and shall be dealt with accordingly.


Non compliant return
A noncompliant return is any return of items designated as such in these General Conditions of Sale.

In the case of a noncompliant return, KHYAM will ship back the product(s) to the Client and apply a fixed charge including :

-          shipping charges to send the parcel back to the Visitor, and

-          a 15-euro processing charge.

The Visitor will be informed by email of the noncompliance of the return is deemed, and of the terms applying to payment of shipping and processing charges.

KHYAM will send back the returned product to the Client once the shipping and processing charges have been paid.

ARTICLE 6 - WARRANTY

Some of the items sold on the website come with a one-year warranty. It includes parts and labor. In any case, such warranty does not preclude legal warranty for hidden defects.

However, this warranty does not apply in case of problem resulting from negligence, damaging or inappropriate use of the product by the Visitor.

If the product proves defective during the warranty period, the Visitor should make a warranty claim by email or telephone.

As part of the warranty procedure, KHYAM offers the Visitor to return the item to KHYAM 

Shipping charges are paid by the Visitor. Shipping charges to send the product back to the Visitor (either repaired or exchanged) are paid by KHYAM , provided warranty conditions are met. In other cases, shipping charges are paid by the Client.

After KHYAM has inspected the product, checking if it can be covered by the warranty, KHYAM will either repair the item or exchange it for another identical. If the item cannot be repaired or cannot be exchanged for another identical or equivalent, it will be refunded or KHYAM shall grant a credit note, the terms being equivalent to those of a right of withdrawal.

KHYAM insists that defects or wrong functioning may be the result of wrong mounting or handling. Therefore, KHYAM  recommends that the Visitor should follow the instructions regarding the use of the products.

In the case of improper or inappropriate return, or if the Visitor has not read and followed the instructions contained in the user’s manuals such return will be deemed noncompliant and shall be dealt with accordingly.

Similarly, any return of items without authorization will systematically be considered as noncompliant.

The Visitor is reminded that he/she remains free to choose the mode of shipping back to KHYAM and to insure the parcel, or not, against loss,  theft or destruction. KHYAM does not pay for any of these costs or for the shipping, and it cannot be held responsible for not receiving the Visitor’s parcel.

Finally, the Visitor is responsible for the packaging of his product, which must be performed in such a way that the product may travel without being damaged or broken.

ARTICLE 7 – OWNERSHIP PRESERVATION

KHYAM shall keep the exclusive property of all items bought until the Visitor has completely fulfilled all his/her obligations, particularly concerning the full selling price and interest payments, if applicable.

ARTICLE 8 – RESPONSABILITIES

KHYAM’s responsibility cannot be retained in the event of a breach in one of the contractual obligations because of unforeseeable circumstances or of force majeure, as defined by French jurisprudence.

Since delivery times mentioned are given as indicative and therefore not binding information, KHYAM’s responsibility cannot be retained if these times are not respected. In no case shall the responsibility of KHYAM be retained for loss of profits, commercial losses, loss of data or of income, or any other indirect damage or damage that could not have been foreseen at the time the website was used or the sales contract was concluded between the Parties.

The responsibility of KHYAM cannot be retained for intangible or corporal harm resulting from the misuse of sold items. The responsibility of KHYAM cannot be retained for any damage resulting from the use of the internet network (cut, virus).

ARTICLE 9 – WEBSITE ACCESS LICENCE

KHYAM grants a limited access and use license for the personal needs of the Visitor. In no case does it allow the Visitor to download or modify the website, partly or entirely, without permission from KHYAM.

Such license provides for no other use, commercial or other, of the website or its content (products, descriptions, prices, data, software, sound clips, design and layout, pictures, photos). All website components, whether sound or visual, including technological elements, remain the property of KHYAM, are protected by copyright, trademark law or patent law.

ARTICLE 10 - PROTECTION OF PERSONAL DATA

All Client data collected is necessary for order processing, delivery and invoicing.

This data can be distributed by KHYAM to KHYAM contractual partners to enable them to complete the order, in particular for the shipping of ordered items.

If the Visitor does not provide such information, KHYAM will not be able to process his/her order.

KHYAM undertakes to protect the Client’s data. In accordance with the French law on Information Systems and Liberties dated 6 January 1978, amended by the Act dated 6 August 2004, the processing of this personal data is declared by KHYAM with the French Data Protection Authority (CNIL).

In accordance with article 34 of that same law, the Visitor has a right to access, change, rectify or delete any of his/her personal details. The Visitor may modify his personal data on the “My Account” page of KHYAM’s website or he may contact our Customer Relationship Department.

ARTICLE 11 – COOKIES

KHYAM places cookies in your computer. These do not allowKHYAM to identify the Visitor. They record information on the browsing performed by the Visitor in the website (pages accessed, date and time of access, etc.) that KHYAM will be able to read when the Visitor is back on the website. Cookies will then contain information provided by the Visitor. KHYAM informs the Visitor that he/she can stop cookie recording by accessing the “preference” section of his browser, and change this parameter.

ARTICLE 12 – COMPLETENESS

These General Conditions of Sale include all the articles of which it is comprised. Should KHYAM choose not to invoke any articles of the GCS at a given time does not entail that KHYAM waives the right to invoke them at a later time. If one of the articles is invalidated, the remaining ones are considered valid.

ARTICLE 13 - APPLICABLE LAW AND JURISDICTION

These General Conditions of Sale are governed by French law. Any dispute that did not find an amicable solution will be submitted to the exclusive jurisdiction of the commercial court, despite multiple defendant and/or collateral appeal, even for emergency procedures or conservatory measures by injunction or by petition.