27/12/2017

The current « Conditions of Use and Sale » apply to the legal transactions concerning the products sold by KIMONO Fabric to its customers via its virtual shop.
The head office of the sole proprietorship KIMONO Fabric is headquartered at 43, bd Tzarewitch, L’Hermitage, 06000 NICE, France. It was registered at the “Registre du Commerce et des Sociétés” of Nice under the SIREN number: 833 403 454 R.C.S. Nice (named hereinafter «KIMONO Fabric »)

And the CUSTOMER who wishes to purchase a product on the Internet website: www.kimono-fabric.com (named hereinafter « the customer »).

KIMONO Fabric reserves the right to adapt and modify the current « Conditions of Use and Sale ».
In case of modification, the conditions existing on the day of the purchase will be applied to each order.

I – PRODUCTS

KIMONO Fabric sells exclusively items that are said to be “vintage”, that is to say second-hand kimonos (kimonos, michiyukis, haoris, yukatas or obis) and kimono fabric.
As those types of products are vintage, some stains may be perceived. Those stains result from the time’s wear and tear. Most of them are indicated on the product information sheet.
The authenticity of the kimono fabrics grants a unique value to the items.

II –ORDERS

All order involves the full agreement with the current general conditions of sale.
All order will be taken into account only after acceptance of the full and complete payment.

KIMONO Fabric commits to honour the orders it has received according to the available stock and in case one item is not in stock, it commits to inform the customer.

The customer will then be able to cancel his or her order and in that case, the money that has been given, will be refunded.

KIMONO Fabric reserves the right to cancel or refuse any order of a customer with whom there are some points of contention regarding a previous order.

III – PRICE AND TERMS AND CONDITIONS OF PAYMENT

The price is given in euro.
The price which is indicated in the product information sheet does not include the shipping of the goods.
The final price, indicated in the order confirmation mail is the final price and includes any tax, including the VAT.
This price corresponds to the price of the product(s), the fee for handling, wrapping and preserving the goods and the shipping fee.
The price billed to the customer is the price indicated in the mail of the order confirmation sent by KIMONO Fabric.
The price of the products is payable in cash by one of the payment means available on the site on the day of the effective order.
The order that has been validated by the customer will only be effective once the secure payment centre of the bank will have given the permission for the transaction, and in some cases, after the insurance has accepted the risks.

The full payment must be completed during the order. Any money given cannot be considered as a deposit or down payment.

For the transaction via a bank or credit card, the customer will indicate the number at the front of the card, its expiry date, and the cryptogram at the back of the card (three last digits).

Those pieces of information are ciphered on the customer’s computer then transmitted under an unintelligible manner to the servers of KIMONO Fabric’s partner that are the only ones able to decipher them.

Each time one of pre-recorded cards is used, the user will have to provide the password of his account one more time.

The communication by the customer of his bankcard details is equal to an authorisation of KIMONO Fabric to debit the final sum of the order from his or her bank account.

No order will be accepted with a cash-on-delivery payment, whatever the reasons.

KIMONO Fabric keeps the ownership of the item(s) until full payment of the price by the customer.

The purchases are done in a secure manner. The payment solutions adopted by KIMONO Fabric are 100% secure as they are operated by Paypal or bank transfer.

Those solutions allow to protect the information communicated by the customers to KIMONO Fabric and guarantee the conformity and securisation of each transaction.

Some customs duty or other local taxes or import duty or state taxes may be due. They should be borne by the customer and are the customer’s full responsibility as far as the declarations, the payment(s) to the authorities and/or the competent organisation of the country where the package is delivered, are concerned.

Moreover to fight against any fraud, KIMONO Fabric has set up a list of exclusion that can lead KIMONO Fabric to:
(I) require, to secure the transaction, some documentary evidence, once the payment is done, in case it has received a warning due to the information provided by the order.

(II) block an order if the account of the customer has been used to commit a fraud.

IV – SHIPPING

The parcels are usually shipped between 24h and 72h after receiving the full payment of the order. To avoid any loss, the shipping method is a “Colissimo suivi”, a method that allows you to track your package via the Internet, and requires a signature when the package is received by the customer.
A confirmation mail will be sent to the customer once it is shipped with a link that should enable the tracking of the package on the net.
The shipping fee includes the wrapping, handling, and the postage fee. It is advised to gather your purchase in one and only order. Two separate orders cannot be sent together and you will have to pay for the shipping fee of each one of them.

Shipping conditions (except for the sales and discounts):

Metropolitan France :

For any purchase above 100 €, the shipping is offered.
Otherwise, 5€ for any order under 100€.

Overseas Collectivity 1 (Guadeloupe, Martinique, French Guiana, Reunion, Mayotte, Saint-Pierre and Miquelon, St. Martin , St. Barthelemy):

For any purchase above 200 €, the shipping is offered.
Otherwise, 13€ for any order under 200€

Overseas Collectivity 2 (New Caledonia, French Polynesia, Wallis and Futuna, Terre Australe et Antarctique Française (T.A.A.F.)):

For any purchase above 290 €, the shipping is offered.
Otherwise, 20€ for any order under 290€

The European Union (Germany, Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Spain, Estonia, Finland, Greece, Hungary, Ireland, Italy, Lettonia, Lituania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Czech Republic, Romania, United Kingdom, Slovakia, Slovenia, Sweden, Switzerland including Liechtenstein and Vatican City):

For any purchase above 200 €, the shipping is offered.
Otherwise, 10€ for any order under 200€.

Other destinations:

For any purchase above 200 €, the shipping is offered.
Otherwise, 20 € for any order under 200€.

V – VIRTUAL GIFT CARDS

The shipping fees are free for virtual gift cards, sent by email.

VI- CANCELLATION

An order can be cancelled by the customer as long as the product has not been shipped. An approval by KIMONO Fabric is thus needed to cancel it definitely. Please wait for our reply to make sure your request has been approved.

Your order will be refunded within 14 days maximum.

VII- REFUNDS AND RETURNS

All the products that are sold have a “Satisfied or your money back” clause for 14 days upon the receipt date in accordance with Article L121-20-12 of the French Consumer Code.
In order to facilitate the treatment of the refund, any return must first be authorised by KIMONO Fabric.
The customer must thus inform KIMONO Fabric via the contact form on the site (www.kimono-fabric.com) or via the email address indicated in the mail concerning the shipping of your order: kimono.fabric@yahoo.com
The parcel should be returned to the address given by KIMONO Fabric on the returns voucher.
The item should be returned new and / or in the state determined at the sale of the vintage product in its former wrapping along with a returns voucher to print from the mail sent by KIMONO Fabric.
In case of absence of the returns voucher, KIMONO Fabric will be unable to proceed to the refunding of the returned item(s).
The returned items that are incomplete, spoilt, damaged, used or dirty will not be refunded as they cannot be sold again in the state they were before the order of the customer.
A returned item that has been accepted will be refunded to the customer within 14 days maximum upon its receipt by KIMONO Fabric.
The refund will be credited to the account of the customer.
The items are returned by registered mail, requiring a signature upon delivery and should be paid by the customer only.

 

VIII – GUARANTEE AND RESPONSIBILITY

Mandatory legal information
The secret of the exchanges is not guaranteed on the Internet and it is the responsibility of each user to take the appropriate measures so as to protect his or her own data and / or softwares from the eventual contamination of some virus on the Internet.

IX. PERSONAL DATA AND COOKIES

All information of the customer’s account is used in the framework of the business relationship with www.kimono-fabric.com. This information is never shared nor sold to a third party.
As for the banking information, it is never in our possession.

In accordance with the French law n° 78-17 of 6th January 1978 on privacy, data protection and freedom of information, the site has been registered to the CNIL (Commission Nationale Informatique et Libertés) under number 2136683.

X. APPLICABLE LAW

All the clauses in the current conditions of sales and all the buying and selling transactions are subject to the French law.
In absence of a mutual agreement between the parties, any dispute that should arise between them concerning the drafting, understanding and execution of the current general conditions of sale will be under the tribunal’s jurisdiction of the head office of the sole proprietorship KIMONO Fabric and this even if there are several defendants or a call on the guarantee.