Terms and Conditions of Sale
Art. 1 - Preamble
Art. 2 - General Provisions
Art. 3 - Products
Art. 4 - Price
Art. 5 - Order
Art. 6 - Payment Validation
Art. 7 - Payment
Art. 8 - Shipping
Art. 9 - Cancellation and Return Policy
Art. 10 - Act of God
Art. 11 - Applicable Law
Art. 12 - Communication of Information
Art. 1 – Preamble
1.1 – Website
The website www.unique-editions.com is operated by Kribi, a limited liability company.
Any Order validated by the Client (as defined hereinafter) on the unique-editions website indicates prior acceptance of the present terms and conditions.
1.2 – Company Identification
Kribi is a French company with a capital stock of 1000 euros whose head office is located at 6, Avenue Honoré Serres, 3100 Toulouse.
Kribi is registered with the RCS of Toulouse under number 49899314600014 and its VAT number is FR 814 98 99 31 46.
Kribi is involved in the creation, editing and distribution of children’s books and its derived products, entertainment products, decorative goods, clothing and other derived products.
1.3 – Objective of the Terms and Conditions – Mutual Obligations
The present terms and conditions describe the rights and obligations of the parties relating to the online sale of goods and services offered by Kribi to the Client.
The present terms and conditions are written in English and convey the obligations and the rights of the Client and Kribi. As such, the Client acknowledges and agrees to all the terms and conditions described herein. Kribi also agrees to respect all of its obligations described in the terms and conditions.
1.4 – Definitions
Will be called a "Client" any person wishing to do business with Kribi and agreeing to the present terms and conditions. Each order made by a Client according to the present conditions will then be described as an "Order". Customer Service is the communication tool to be used between the Client and Kribi. Customer Service can be reached by email through "Contact Us".
Art. 2 – General Provisions
2.1 – Contract Execution – Effective Date of Terms and Conditions
When a Client orders goods and services offered on the unique-editions website, the electronic signature of the Client on the "Purchase Order" indicates the execution of a contract between the Client and Kribi. According to the law of March 13, 2000 relating to electronic signatures and the law of June 21, 2004 regarding trust and the digital economy, any Order validated by the Client with a "double click" or with his or her agreement given by telephone constitutes an irrevocable acceptance by the Client of the present terms and conditions just like a handwritten signature and which can only be challenged within the limits of Article 9 of these present terms and conditions.
The terms and conditions come into effect on the date of signature of the Purchase Order. They are valid for the period covering the supply of the goods and services and up until the expiry of Kribi’s guarantees, if such guarantees exist.
2.2 – Confirmation Document
The contractual information relating to the Order will be confirmed by email. Kribi recommends that the Client keep a copy or print a copy of the order confirmation email. However, all archived purchase orders as well as invoices from Kribi’s computer systems will constitute legal proof of communication, orders and payments that occurred between the parties.
2.3 – Validity of the Terms and Conditions
Kribi reserves the right to modify its terms and conditions. Any new version of the terms and conditions will be announced on the home page of the unique-editions website.
Products ordered by the Client on the unique-editions website are governed by the terms and conditions indicated online when the Order is placed.
Art. 3 – Products
3.1 – Product Information
The Products offered by Kribi comply with French law and with the norms applicable in France.
In general, the descriptions (pictures, text, graphics, information and characteristics) illustrating the Products offered are given on an informative basis. Kribi is not responsible for any errors in the product descriptions (pictures, text, graphics, information and characteristics).
If there is an error in the product description, the Client will not automatically have the right to return the Product and be reimbursed for the shipping costs. Only an error concerning the substantial quality of the Product can justify a return of Product with reimbursement of shipping costs.
3.2 – Product Availability
Kribi will honour orders according to product availability.
Kribi cannot be held liable if a product is not available and the Client cannot claim damages from Kribi. In the event that a product is unavailable, Kribi will quickly inform the Client and offer a reimbursement or a credit for merchandise included in Kribi’s catalogue. If the client chooses to be reimbursed, Kribi will try to the best of its ability to reimburse the client in a 30 day delay from the date that Kribi notified the client of the product’s unavailability. If the 30 day delay is exceeded for reasons outside of Kribi’s control, the Client cannot claim damages from Kribi.
Art. 4 – Price
4.1 – Price Validity
Product price is indicated in euros and includes all taxes but not the shipping costs. A product price is valid for as long as it is indicated on the product description. If the product price is incorrect in another section of the site (on the homepage for example) or in the newsletter, the price indicated on the product description prevails.
4.2 – Fluctuation
It is possible that a product price fluctuates after having been put online. This fluctuation can be occasional and done within the context of a promotion offered for a limited period of time.
Kribi cannot be held responsible for the fluctuation of an indicative price. Such fluctuation will not, in any event, enable a Client to return a Product outside of the conditions and delays described in Article 10 of the present terms and conditions.
Kribi will not be held responsible in the event of a sales price fluctuation and any price difference will not be reimbursed.
Art. 5 – Order
5.1 – Legal Capacity
Only individuals legally capable of entering into contracts regarding the goods and services offered on the unique-editions website can order from said site.
When placing an order, the Client states having full legal capacity to consent to the present terms and conditions and thus conclude the present contract.
When payment is made with a credit card, the Client states that it is authorized to use said credit card and that the card gives access to funds sufficient to cover the costs of the Purchase Order.
5.2 – Personal Information
A Client who sends a picture to Kribi declares having all legal rights pertaining to said picture or being authorized by the picture’s owners or heirs to reproduce said picture. In the case of pictures involving minors of less the 18 years of age, the Client declares being authorized by the parents or legal guardian to use said picture in order to
produce a customized product. Kribi is not responsible for the reproduction of goods that violate intellectual property rights and reserves itself the right to refuse to reproduce any picture that appears to violate intellectual property rights or that is of a racist or pornographic nature or that contain illicit, obscene or offensive material.
When placing an Order, the Client agrees to provide the information requested and states that said information is true, factual and complete:
- first and last name;
- email address; and
- type of credit card, number of credit card, expiry date and security code
Any Client validly registered on the site will be responsible for any Order that requires the use of the email address and the personal password of the Client (subject to the cancellation and return policy described herein).
The Client must verify the information given when placing the Order (product ordered, personal information, pictures, shipping address, billing address, telephone number….)
Once the Order is placed, if the Client realizes that a specific information must be changed, he or she can then contact Customer Service through "Contact US" within 24 hours so that Customer Service may proceed to the modification to the best of its ability.
Kribi cannot be held liable for information entered incorrectly by the Client nor can it be held liable for shipping delays or shipping errors resulting from incorrect information. If a parcel cannot be delivered due to incorrect information, the Client will be responsible for any additional shipping costs. In such a case, the Client will renounce any claim relating to shipping delays.
5.3 –Confirmation Email
Kribi sends a confirmation email to the Client confirming its order and to summarize contractual information.
5.4 – Order Processing
Orders are processed in the order that they are received.
Kribi will process all orders according to stock availability.
Shipments are made according to stock availability and in the order that the Purchase Orders were placed and shipments can be complete or partial.
For customized products with a picture, if the Client provides a picture that does not comply with the quality requirements described on the website, Kribi will contact the Client by email in order to obtain a new picture. In such a case, delays may be incurred in the delivery of the product for which Kribi cannot be held responsible.
5.5 – Default
Kribi cannot be held liable when in default due to the unavailability of the product, an act of God, a partial or general strike of the postal service and/or delivery services, communications systems (power failure of the computer system), flood, fire, etc…
Kribi cannot be held liable by the Client or a third party for any direct or indirect damages, for any loss of profit or income or any loss of data even if the damages could have been predicted by Kribi or even if Kribi was made aware of the possibility of such damages.
Art. 6 – Payment Validation
Payment validation by Kribi enables the shipping of parcels either at the residence of the Client or to another address chosen by the Client.
Client invoicing usually occurs 24 hours following payment validation.
Art. 7 – Payment
7.1 – Secure Payment
In order for its transactions to be secure, Kribi uses the secured system of Mutual Credit called CyberMUTPayment which uses the SSL protocol.
The banking coordinates of Clients are encrypted on their own computers and then securely transferred unto Kribi’s server. The procedure is managed by the SSL encryption technology, one of the most used and secured technologies in the world. Once payment is validated, the data is destroyed and does not stay on Kribi’s server. This is the reason why Kribi requests a Client’s information with each new order.
7.2 – Types of Payment
The client can pay its online Order by:
- credit card (Blue Card, VISA, Eurocard / Mastercard)
When paying with a credit card online, the Client must provide the type of credit card being used, the number of the card, its expiry date and the security code.
The clients states that he is authorized to use the credit card which gives access to funds sufficient to cover the costs of the Order.
- check issued by a bank located in France or Monaco.
7.3 – Proof of Transaction
The computerized records kept in Kribi’s computer systems in reasonable and secure conditions will be considered proof of communication, orders and payments that occurred between the parties. Invoices and Purchase Orders are archived and can be produced as proof.
7.4 – Default
Kribi reserves its right to suspend any order processing or shipment in the event of non-payment or if credit card payment is not authorized by the credit company. Kribi also reserves its right not to ship an Order placed by a Client who has not paid a previous order in full or for which payment litigation exists.
Art. 8 – Shipping
8.1 – Shipping Process
According to the present terms and conditions, shipping costs are always the responsibility of the Client unless otherwise specified.
Products are shipped to the address provided by the Client when the Client placed the Order. Kribi recommends that the Client verify if the information provided for shipment is correct.
8.2 – Shipping Delays
Shipping delays are for reference purposes only and vary according to the country of destination. Kribi cannot be held responsible for the consequences resulting from a shipping delay.
If a parcel is not delivered within the reference delays, the Client can contact Customer Service which will determine the cause of the delay and communicate same to the Client. If necessary, Kribi will investigate the delivery of the parcel with the delivery service.
The delivery service establishes the length of the investigation. For example, a product given for delivery to Coliposte and that has not been delivered to the Client, will be the object of an investigation lasting 20 business days from the date that the investigation is initiated by Kribi. The investigation is opened within 24 hours following the notification of non-delivery by the Client to Kribi. If the product is found during the course of the investigation, it will be delivered to the Client.
If the product is not found following the investigation Kribi will :
- ship a replacement Product (if such product is still available) at no cost to the Client ; or
- reimburse the amount of the Order or offer a credit on future purchases if the ordered Product is no longer available.
Kribi will not, in any event, proceed to reimburse the Client until the investigation delay has expired.
If an Order or part of an Order is not delivered, the Client has 60 days from the date indicated for delivery to contact Customer Service. Once this delay has expired, the Client will not be able to make any claim or request any reimbursement.
8.3 – Shipping Problems
The buyer must verify that the item being delivered is the same as the item that was ordered.
8.3.a – Shipping Problems due to Kribi
If a Product delivered is not as indicated on the Purchase Order, the Client must contact Kribi on the day of the delivery or at the latest, the day following said delivery. Any claim made after said delay will be rejected.
Such a claim can be made on the unique-editions website in the "order follow-up" section or by using the Client’s username and password and contacting Kribi through "Contact Us" and using the order reference number.
Any claim not made according to the above specifications and in the aforementioned delays will be rejected and free Kribi from any liability towards the consumer.
Upon receipt of claim, Kribi will provide an exchange number for the Product and communicate same to the consumer by email, fax or telephone. Exchange of the Product can only take place once an exchange number has been given to the consumer following the above claim specifications.
If a Product is not as it should be due to an error by Kribi, the Product to be exchanged or reimbursed must be returned to Kribi in its original packaging by Registered Colissimo at: Kribi, Customer Service, 6 avenue Honoré Serres, 31000 Toulouse.
8.3.b –Shipping Problems due to the Delivery Service
If damages are caused by the delivery service (ex : damages noticed on the parcel), the Client must file a claim with the delivery service and with Kribi within 48 hours following receipt of the Order. Only products returned in their original packaging will be accepted.
Art. 9 – Cancellation and Return Policy
9.1 – General Provisions
The Client has the right to terminate his or her Order by contacting Customer Service within 24 hours after having placed the Order. If the Product is already being processed, shipping and handling fees will not be reimbursed.
If the order has not been processed, the dispositions of article L 121-21 of the Consumer Code will be applied.
According to article L 121-20 of the Consumer Code, the buyer, at its own cost, has seven days from the date of receipt to return the Product for reimbursement at the following address: Kribi - 6, avenue Honoré Serres – Toulouse 31000.
The Product must be returned to Kribi in perfect condition and in its original packaging (packaging, accessories, notice…) and with the invoice corresponding to the Order. Return costs are the responsibility of the Client. Any return to Kribi exceeding the seven day delay, for any reason whatsoever, will not be accepted.
However, this provision does not apply to unique products (products customized according to clients’ demands) for which consumers cannot benefit from a return within seven days as indicated in article L 121-20-2 of the Consumer Code.
9.2 – Product Return Procedure
Before returning a Product, the Client must contact Customer Service by email and indicate "return request" in the subject line of the email. Customer Service will then provide the Client with a return number.
When a Client wants to return a Product that has been the subject of an error by the Postal Service or when a Product must be returned because of an error made by Kribi or if the Product is not standard, Customer Service will forward to the Client a return slip with which the Client can return the Product at no costs to him or her.
The product must be returned to Kribi by following the guidelines indicated hereinafter:
- product must be in its original condition;
- product must be in its original packaging which must also be intact;
- product must be in perfect condition;
- product must not have any indication of having been used;
Products must have a return number provided by Kribi as well as the printed sales invoice.
The risks inherent to Product return are the responsibility of the Client. If the Product is lost by the delivery service during the return, the Client is solely responsible and will not be reimbursed by Kribi.
The only time that shipping costs are reimbursed to the Client is when the Product must be returned because of an error made by Kribi.
If the Client chooses to be reimbursed, Kribi will try to the best of its ability to reimburse the Client in a 30 day delay from the date that the returned Product is received. If reimbursement is not made within this 30 day delay for reasons outside of Kribi’s control, Kribi cannot be held responsible by the Client.
9.3 – Non-Returnable Products
Art. 10 – Act of God
Neither party will have failed one of its obligations if the execution of the obligations is delayed or prevented by an act of God. Will be considered an act of God any event that is unexpected, unavoidable and caused without any interference by the parties whatsoever and which cannot be prevented by the parties despite all reasonable efforts. In such circumstances, from the moment the affected party is made aware of the act of God, it will have 10 business days to advise the other party. Both parties will then meet within one month, except if the act of God prevents them from doing so, in order to examine the consequences of the incident and to agree on how the obligations of the contract will be fulfilled. If the act of God takes place over a three month period, the present terms and conditions can be terminated by the party sustaining the prejudice. Other than the acts of God usually recognized by the French Courts, acts of God also include: earthquakes, fires, storms, floods, lightning as well as the unavailability of means of transportation or the unavailability of telecommunication networks.
Art. 11 – Applicable Law
These terms and conditions are subject to French law. In the event of a claim or litigation, the consumer must first communicate with Kribi to try to reach an amicable solution.
11.1 – Jurisdiction
Kribi’s terms and conditions will be executed and interpreted according to French law.
Any dispute relating to their validity, interpretation or execution will be submitted to the Courts of Toulouse.
In the event that a judicial decision declares one of the general provisions illegal or unenforceable, the other general provisions will remain in effect.
11.2 – Limitation of Liability
According to the present terms and conditions, Kribi’s liability cannot exceed the sum paid or still to be paid relating to the original transaction no matter what the cause or form of the proceeding is.
Art. 12 – Communication of Information
The information required from the consumer is necessary to process his or her order and can be communicated to the contractual partners of Kribi implicated in the processing of orders. The consumer can write to Kribi at 6 avenue Honoré Serres-31000 Toulouse to oppose such a communication of information or to exercise his or her rights of access and modification regarding the information contained in Kribi’s files according to the terms described in the law of January 6, 1978.