General terms and conditions of sale
The present general conditions of sale (the "Conditions") apply to all orders placed on the site www.ninakendosa.com (the "Site") by any user (the "Customer"). Their purpose is to inform the Customer about the terms of placing an order online, delivery of the products ordered and the conditions of return and refund of the products ordered.
The present Conditions are applicable without restriction or reserve to all products offered for sale on the Site. Any order of one or more products on the Site implies the consultation and acceptance without reserve on the part of the Customer, of the present Conditions and the applicable prices. The present Conditions prevail over any other document.
Nina Kendosa reserves the right to modify these Conditions at any time. Such modifications will be effective as soon as they are visible on the Site. Your continued use of the Site after such changes constitutes your acceptance of the new Terms and Conditions. It is therefore important that you check the Terms regularly for the latest updates. If you do not agree to these changes, please discontinue use of the Site immediately.
The conditions applicable to any order are those in force at the time of the order.
Any buyer on the Site is deemed to have read and accepted these Terms in their entirety before validating their order.
II- SITE AND ACCESSIBILITY OF THE SITE
www.ninakendosa.com is a e-commerce merchant owned and managed by the company Nina Kendosa, a women's fashion company, whose head office is located at 87 rue Mouffetard, 75005 Paris, registered at the RCS of Paris under the number 443592951R.C.S. Paris N° VAT : FR72443592951
The Website is available to all users of the Internet network and is accessible 7 days a week, 24 hours a day, subject to any interruption, planned or not, by Nina Kendosa or its providers, for technical maintenance and/or security reasons or cases of circumstances outside of its control, i.e. “force majeure events” as recognized by the French courts. Nina Kendosa is not liable for any damage incurred by an unavailability of the Website.
Nina Kendosa does not make any promises about the availability or accessibility of the Website or guarantee that the access to the Website, the content on it or the services it provides will be delivered uninterrupted, timely or error-free. For technical maintenance and/or security reasons, Nina Kendosa may be obliged to partially or totally suspend access to the Website temporarily and without notice. By accepting these Conditions of Use, users accept any such technical interruptions.
Nina Kendosa reserves the right to update the Website, particularly for technical or commercial reasons. When any such changes do not alter the conditions of use or, more generally, do not substantially and adversely affect the services that are provided, Users may be informed of the changes made but their acceptance to such changes will not be required.
III- AVAILABILITY OF PRODUCTS
You may purchase our products while stock lasts. Offers remain valid as long as they are visible on the Site. We reserve the right, at any time, to withdraw any product on sale on the Site.
In the case of unavailability of product after validation of your order, we will inform you by email quickly. We will then proceed with the refund of this article.
The products sold by the Site are identified by one or more photos, a descriptive text and a price including VAT in euros.
The photographs taken for the Site are intended to be as faithful as possible to the products sold. However, we cannot ensure a perfect similarity between the photos and the items because the colors rendered may vary from one computer, tablet or phone to another. Thus the photographs are presented as an indication and are not contractual.
The products remain the property of the Site until the complete payment of the price.
3The prices of the products are indicated in euros including all taxes.
The Company reserves the right to modify the prices of the products sold on the Site at any time and without notice. The price of the products sold on the Site applicable to the Customer's order is the one appearing on the Site at the time of validation and payment of the order by the Customer.
The price of the products sold on the Site does not include the delivery costs of the products in the order. The delivery costs are communicated to the Customer on the order summary before the validation of the order and are expressed inclusive of all taxes. These costs are charged to the Customer and are invoiced in addition to the sale price of the Products. Delivery costs vary according to the delivery address.
We inform you that in case of display of an erroneous price, obviously derisory, whatever the reason (computer bug, manual error, technical error.), the order -even validated by us- will be cancelled, of which we will inform you as soon as possible. You will then be able, if you wish, to place your order again at the corrected and exact price.
VI- ORDERING METHODS
In order to place an order for products on the Site, the Customer is informed that they must:
Be at least 18 years old.
Be legally capable of purchasing the products ordered.
Be the holder of the credit card or Paypal account used for the payment of the order or, failing that, be duly authorized to use it to pay for the order.
The Customer guarantees the Company that they meet all of these conditions and that the bank account associated with the payment method used on the Site to pay for the order is sufficiently funded to meet his/her purchase obligation.
2. Order process
The Customer can select as many Products as they wish to add to the basket. The Basket summarizes the Products chosen by the Customer as well as the related prices. The Customer may freely modify the Shopping Cart before validating the Order. Validation is proof of the Customer's validation of the entirety of the order and of the due date of the sums owed in execution of the said order, as well as of the full and unreserved acceptance of the entirety of the present Terms and Conditions and of the quotation relating to the order.
A confirmation email will be sent to the Customer following the validation of their order. To this end, the Customer formally accepts the use of email to confirm the content of their Order and to receive their invoice by electronic means, directly from their Customer Account on www.ninakendosa.com. All the data provided by the Client throughout the Order process and the confirmation by the Company of the registration of the Order shall constitute proof of the transaction.
The order is final only after full payment of the order price by the Client.
The Client formally accepts that once an order is placed, it will not be possible to cancel it. However, it will be possible to return it after receipt and ask for a refund, according to the return conditions mentioned in the Conditions.
All orders placed on the Site must be paid for at the time of ordering. The execution of the order occurs only after the full payment by the Customer of the amount of their order.
Payments are made online through a secure online payment system. Orders can be paid by credit/debit card or via PayPal. The transactions made on the Site are secured by the payment module system of Nina Kendosa's partner, Braintree.
All information exchanged to process the payment is encrypted thanks to the SSL protocol (Secure Socket Layer). These data cannot be detected, intercepted or used by third parties. At no time will the Customer's financial data be transmitted on Nina Kendosa's computer system.
Braintree being a technical service provider module, it does not take charge of the disputes related to the orders which are directly treated by Nina Kendosa as specified above or if necessary by the Customer's bank.
The execution of the order will be carried out after agreement of the bank payment center. In case of agreement of the latter, the account will be immediately debited and the order validated. In case of refusal, the order will be cancelled.
The receipt of the confirmation email from the Company confirms the order. The date of validation of the order corresponds to the date of payment by credit card online.
Deliveries are made in Metropolitan France and abroad. The products are delivered at the expense of the Customer, to their home or to the address indicated by the Customer during the ordering process. It is the Customer's responsibility to verify the accuracy of the information provided during the order process.
From the dispatch of the order, the average delivery times are as follows:
France: Delivery in 2 to 3 working days (Monday to Friday)
DOM/TOM: Delivery in 5 to 7 working days (Monday to Friday)
International: Delivery in 4 to 8 working days (Monday to Friday)
However, delivery may be delayed for reasons beyond our control.
France: 6,90€ (free on orders over 90€)
EU*: 14,85€ (free on orders over 150€)
Outside the EU**: 19,35€ (free from 200€)
International: 26,30€ (free from 250€)
The total shipping cost will automatically drop to 0€ as soon as the total amount of products in the cart (including promotion) reaches the required threshold for the country of shipment.
*Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, Germany, Greece, Hungary, Ireland, Italy, Lithuania, Luxembourg, Latvia, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, UK
**Albania, Andorra, Armenia, Azerbaijan, Bosnia-Herzegovina, Belarus, Georgia, Iceland, Kazakhstan, Liechtenstein, Monaco, Moldova, Northern Macedonia, Montenegro, Norway, Russia, San Marino, Serbia, Switzerland, Turkey, Ukraine, Vatican
The Customer is hereby informed that the products will be delivered by a third-party carrier and consequently authorizes the Company to transmit their personal data to said carrier in order to enable the latter to deliver the Order to the delivery address provided by the Customer when placing the order.
The Customer will receive an email with the tracking number assigned to the parcel, allowing them to follow the delivery process of their order.
The Customer is informed that it is up to him to provide exactly all the details necessary for the good routing of their order and the perfect delivery of the ordered products (access code, access specification such as building or floor for example).
If the Customer is absent at the time of delivery, a notice of passage may be left in the mailbox. The carrier may also decide to deposit the package in the mailbox of the Customer if the size allows it.
We decline any responsibility in case of loss, theft, deterioration or delay of delivery due to errors or disturbances attributable to the carriers.
IX- RECEIPT OF ORDER, COMPLAINTS & RETURNS
The Customer is required to check the conformity of the Products received in execution of their order at the time of delivery. Any anomaly concerning the delivery such as:
products not in conformity with the order
must be notified within the legal deadlines following the reception of the order. This notification will be transmitted to the customer service of the Nina Kendosa website either:
by registered mail, by writing to the following address: Nina Kendosa - 19, rue Dieumegard 93400 St Ouen
by e-mail to firstname.lastname@example.org
After this period and except for hidden defects, no claim will be accepted by Nina Kendosa. The Products being then considered as conforming.
For any return of a non-conforming Product, the Customer shall respect the following procedure:
The Customer must join to his parcel the return form previously completed and printed with the help of the return form available on https://www.ninakendosa.com/pub/media/pdf/bon-de-retour-fr.pdf. No return will be accepted without the said return form duly completed.
The Products must be returned in a packaging protecting the product against any deterioration, with their label and their possible accessories allowing their new commercialization, to the following address
Nina Kendosa, 19, rue Dieumegard 93400 St Ouen - France
The risks and costs of return are at the exclusive charge of the Customer.
When the non-conformity has been established, Nina Kendosa will offer the Customer either:
the replacement of the Product(s) at the expense of Nina Kendosa, or
the reimbursement of the order price (price of the Products), at the latest within fifteen (15) days from the date of sending the notification of the confirmation of the non-conformity by the customer service of the Nina Kendosa website.
In case of reimbursement, Nina Kendosa will reimburse the totality of the products returned in conformity, with the exception of the delivery costs and the taxes and customs duties paid by the customer upon delivery.
In case of loss or theft Nina Kendosa declines all responsibility. Contact our partner Colissimo (via this link: La Poste : Contact livraison colissimo )
In case of abnormal or abusive claims, Nina Kendosa may refuse to serve a subsequent order.
X- PERSONAL DATA & COOKIES
In accordance with the provisions of the law n°78-17 of January 6, 1978 relating to data processing, the files and freedoms, the site is the subject of a declaration CNIL (Commission Nationale de l'Informatique et des Libertés) under the number 1351361. The user has the right to access, modify, rectify and delete data concerning him. To exercise this right, the Customer must send an email to email@example.com indicating in the subject of the email "Modification of personal data". The Customer can also modify his personal data from his customer area by identifying himself with his email address and password.
All personal information we collect is strictly necessary for order processing, delivery and billing. Your account information is therefore only used for the purposes of your business relationship with the Site. Any missing information will result in the automatic refusal of the order. The personal information collected on the Site is processed by the Company for customer relationship management and prospecting purposes. This information is only transmitted to companies that contribute to the management, execution and processing of orders.
Furthermore, the Company does not transmit any personal information to third parties for prospecting purposes, but may disclose it to legally authorized organizations and authorities, to the extent that disclosure is required or authorized by law, or when it deems it necessary or appropriate to comply with laws and other applicable texts, or to protect or defend its rights or those of its employees, customers or any other person.
Finally, your banking information is never in our possession. Transactions are processed entirely through our payment platform Braintree or through PayPal.
If the Customer has previously agreed, he/she may receive marketing emails (newsletters) from which they may unsubscribe by clicking on the unsubscribe link in each email received.
All personal information is stored at the Site's host, whose contact information is listed on the Site under the heading "Legal Information".
Under no circumstances will the Company ask for confirmation of account or credit card details by email. If the Customer receives an email purporting to be from the Company requesting such information, the Customer should not respond.
We strive to maintain appropriate security measures to protect your personal data. However, despite all the measures we put in place to protect against fraudulent access, use or disclosure of such information, we cannot guarantee that any data transmission over the Internet can be completely protected against access by unauthorized third parties. We shall not be liable for any breach of security unless such breach was caused by our negligence.
Upon arrival on the Site, the Customer is informed of the presence of these cookies. Continued navigation on the Site implies acceptance. However, the user has the possibility of opposing the use of these cookies by configuring his browser. However, access to certain services may require prior acceptance by the user of cookies.
XI- INTELLECTUAL PROPERTY
All intellectual property rights of the Site and its contents belong exclusively to the Company. Any reproduction, use or modification, in whole or in part, of any element of the Site, in any form whatsoever, may not be made without the express authorization of the Company, which reserves the right to take legal action under intellectual property law.
Placing an order on the Site implies knowledge and acceptance of the procedures in force on the Internet network, particularly with regard to technical performance, response times, connection times, queries or transfers of information, risks of interruption, risks of contamination by viruses circulating on the network and, in general, all risks related to the use of the Internet network.
The Company shall not be held responsible for any direct or indirect damage resulting from misuse or incident related to the use of the computer, access to the Internet, maintenance or malfunction of servers, telephone line or any other technical connection, the connection of the Customer to the Site being under his full responsibility.
We strive to provide reliable content on the Site. However, despite our best efforts, we cannot guarantee that the Site is free of inaccuracies or omissions and we shall not be held responsible for any errors or omissions, or for the unavailability of information and services.
XIV- APPLICABLE JURISDICTION
The sale of products sold on the Site is subject to French law.
The terms and conditions of sale, as well as the contractual relationship between the Customer and the Company are governed by French law. The parties agree to submit to the jurisdiction of the courts of Paris for any action brought as a result of or in connection with these Terms.
In the event of disputes, the client shall first contact the Company to obtain an amicable solution and failing agreement, the Courts of common law shall have sole jurisdiction.
If you have any questions about ordering products online, please contact us by email at: firstname.lastname@example.org. We will do our best to answer you as soon as possible.
BASKET CODE WELCOME
The shopping cart code WELCOME is intended only for new customers (account that has never placed an order on our e-shop). A discount of -15% will be applied on the whole basket thanks to this code from 150€ of purchase.
This offer cannot be combined with any other offer.
T&Cs 20th Anniversary promotion:
- 20% discount on all items, excluding gift cards, only on our e-shop.
- Discount available on from Saturday 25th June 2022 at 00:00 (CET) until Sunday 26th June 2022 at 23:59 (CET).
- Discount applied automatically at checkout.