GENERAL CONDITIONS OF SALE: KUSHTOM
These conditions of sale are concluded on the one hand by the company JISS Prod, whose head office is located at 20 Bd Général de Gaulle, 44200 Nantes, registered in the Nantes trade and companies register hereinafter referred to as "JISS Prod " or "the seller" and on the other hand, by any natural or legal person wishing to make a purchase via the Kushtom.com website hereinafter referred to as "the buyer".
The company JISS Prod owns the site www.kushtom.com.
These conditions of sale aim to define the contractual relations between the company JISS Prod and the buyer and the conditions applicable to any purchase made through the merchant site, whether the buyer is a professional or an individual. The acquisition of a good or service through this site implies unreserved acceptance by the buyer of these conditions of sale. These conditions of sale will prevail over any other general or specific conditions not expressly approved by JISS Prod.
The company JISS Prod reserves the right to modify its conditions of sale at any time. In this case, the applicable conditions will be those in force on the date of the order by the buyer.
ACCESS TO THE SITE
The buyer himself is responsible for setting up the IT and telecommunications resources allowing access to the site. The buyer is responsible for the technical costs of accessing the website.
CHARACTERISTIC OF THE GOODS AND SERVICES OFFERED
The products and services offered are those which appear in the catalog published on the Kushtom.com website.
In accordance with article L111-1 of the Consumer Code, the buyer can, prior to ordering, read the essential characteristics of the product(s) he wishes to order. This information is available on the “product” pages of the site.
The photographs in the catalog are as faithful as possible but cannot ensure perfect similarity with the real product, particularly with regard to colors and dimensions.
The prices appearing in the catalog are prices excluding VAT in euros taking into account the VAT applicable on the day of the order. Any change in the rate may be reflected in the price of the products or services. The company JISS Prod reserves the right to modify its prices at any time, it being understood, however, that the price appearing in the catalog on the day of the order will be the only one applicable to the buyer.
Some of our products cannot be ordered directly on the site, because they include special options. In this case, we send you a quote after a precise study of your needs.
The buyer who wishes to purchase a product or service must:
- complete the identification form on which you will indicate all the requested contact details (when creating an account);
- provide accurate information allowing us to validate or not the orders;
- complete the online order form giving all the references of the products or services chosen;
- validate your order after checking it;
- make payment under the conditions provided;
- and confirm your order and payment.
Only people legally capable of signing contracts or goods offered on the site can order. Confirmation of the order entails acceptance of these conditions of sale, acknowledgment of having perfect knowledge of them and waiver of the right to rely on one's own conditions of purchase or other conditions.
All the data provided and the recorded confirmation will constitute proof of the transaction. Confirmation will be worth signing and acceptance of transactions.
Your safety first
The price is due when ordering. At no time can the sums paid be considered as deposits or deposits.
All orders are payable in euros. Payments will be made by credit card, bank transfer or via Paypal.
Payments by credit card will be made through the secure SHOPIFY PAYMENTS E-transaction system which uses the SSL (Secure Socket Layer) protocol so that the information transmitted is encrypted by software and no third party can take it. knowledge during transport on the network. SHOPIFY PAYMENTS complies with the PCI data security standard and supports 3D Secure payments.
For security reasons, bank details are destroyed as soon as the processing of the order has been finalized and will therefore have to be re-entered for each new order.
The cards accepted are French national bank cards, international Eurocard/Mastercard cards, and international Visa cards.
The order will only be considered effective when the bank payment centers concerned have given their agreement.
In the event of refusal by said centers, the order will be canceled.
Payments made by bank transfer must be made payable to JISS Prod.
The amount of the transfer must correspond to the total amount of the order indicated on the order form or quote.
Payments with Paypal are subject to the general conditions of use of the Paypal company available on their site.
The buyer guarantees that he has the authorizations possibly necessary to use the payment method he has chosen, when registering the order form.
Kushtom.com reserves the right to suspend or cancel any order and/or delivery, whatever their nature and level of execution, in the event of non-payment of any sum due by the buyer, or in case of payment incident.
Penalties of an amount equal to the legal interest rate set according to Article L312-2 of the Monetary and Financial Code are automatically applicable to unpaid amounts after a period of ten days following the invoice date. or upon notification of bank payment rejection for any other means of payment.
Delivery of any new order may be suspended in the event of late payment for a previous order, notwithstanding the present provisions.
Each order placed is processed and shipped within an average time which varies depending on the delivery method chosen:
Rolling papers & filters: Manufacturing time of 4 to 7 days, to which must be added the delivery time (4 to 7 days).
Grinder Card: Manufacturing time of 8 to 10 weeks, to which must be added the delivery time. (5 to 10 days)
CLIPPER: Manufacturing time of 6 to 14 weeks, to which must be added the delivery time. (5 to 10 days)
The buyer is informed of the shipment of his order by email.
The products will be delivered to the address indicated by the buyer when ordering.
Any order return due to an error in entering the address when ordering will be the responsibility of the customer.
For traditional delivery, it is provided by the carrier “GLS”.
For express delivery, the UPS solution is used with a delivery time of 48 hours.
Any order placed before 12 p.m. will be shipped the same day and delivered within 48 hours to the address provided by the customer.
For orders placed after 12 p.m., shipping will take place the next day with delivery also within 48 hours.
The carrier's processing and delivery times are given for information purposes only and are not binding.
Unless expressly stated otherwise in writing by Kushtom.com, a delay in delivery cannot, under any circumstances, give rise to the right to cancel an order and no compensation can be demanded. Indeed Kushtom.com only undertakes to respect shipping times but delivery is subject to the carrier's general conditions of sale, any delay in delivery cannot constitute compensation by Kushtom.com.
The delivery dates indicated on each product sheet are therefore given for information only and cannot be the subject of a complaint if delivery takes place after this date following a delay linked to the carrier GLS.
Kushtom covers shipping costs for deliveries within Europe.
We offer a shipping service with reasonable delivery times. If you wish, we can provide you with a tracking number for your order. In the event of delivery problems, we are available to help you contact the carrier and find a solution.
Please note that Kushtom cannot be held responsible for any delivery delays or errors attributable to the carrier.
DELIVERY OUTSIDE EUROPE
Shipping rates (Outside Europe):
2 < 5 kg
5 < 10 kg
10 < 20 kg
20 < 30 kg
30 < 50 kg
50 < 60 kg
60 < 70 kg
Taxes and customs duties are taxes levied on imported goods when they cross the border.
The tax amounts depend on the regulations in force in each country of destination.
Kushtom.com cannot inform you of their exact amount. It is therefore up to you to obtain the necessary information from the local authorities concerned and to ensure that you comply with the specific formalities for importing goods into your territory.
The buyer must require his signature to be placed on the Delivery Note; in fact, it sometimes happens that the delivery person forgets to have the Delivery Note signed; any missing signatures cannot be the subject of a complaint subsequently. .
The buyer is required to check, in the presence of the delivery person, the condition of the packaging of the goods and its contents on delivery to ensure the absence of anomaly (damage, missing product in relation to the receipt). delivery, damaged package, broken products).
The buyer can use the carrier's delivery note to indicate in the form of detailed, dated, explicit "handwritten reservations", accompanied by his signature, the spoliations noted. If you choose to refuse the goods on delivery, you must in addition to "handwritten reservations" ask the carrier to return the package to its sender accompanied by a "report of theft" (report 170) and remain in possession of a copy of this form.
You must also report these incidents within 7 days of refusal of the goods to Kushtom.com customer service.
In the event of non-delivery of the ordered products (significant delivery delay compared to the date initially set), the buyer must report this by email to customer service, in order to launch an investigation with the carrier.
Such an investigation can last up to 21 days. If during this period, the product is found, it will be immediately re-delivered to the home of the buyer or the recipient designated in the order form.
On the other hand, if the ordered product is not found at the end of this 21-day investigation period, Kushtom.com will, at its own expense, re-ship the products ordered by the buyer.
WITHDRAWAL FOR PERSONALIZED PRODUCTS
For personalized products, therefore products made from the buyer's raw material (photos, scenario), recovery by the seller is not possible once the product has been sent to the buyer (right of withdrawal not applicable ) because they are tailor-made products.
However, in the event that the specifications provided by the buyer have not been respected by the seller, the latter undertakes to replace your product with another that strictly complies with the specifications. The seller may, at the buyer's request, make additional modifications, subject to the creation and validation of a quote between the two parties.
All products supplied by the seller benefit from the legal guarantee provided for by articles 1641 et seq. of the Civil Code. Kushtom.com accepts the return of ordered personalized products only in the following cases:
- If the products received do not correspond to the products ordered on the site. The email confirming the registration of the order contains all the information relating to the products ordered and will allow both parties to notice any error on the part of Kushtom.com.
- If the products delivered present defects linked to the product itself or to an incident occurring during the manufacturing process.
In these two specific cases, complaints must be sent by email within 7 days of receipt of the goods and must include:
- customer contact details;
- the order reference;
- the reasons for his complaint;
- supporting photos.
Within 72 working hours following the complaint, Kushtom.com will inform whether or not the customer's complaint is valid.
Failure to comply with the procedure set out above and the deadlines indicated, the buyer will not be able to make any claim for non-conformity or apparent defect of the products delivered, the products being then deemed to be compliant and free from any apparent defect.
However, no referrals will be made for problems:
- considered subjective; the buyer knowing alone the desired use of the products ordered, he is the sole judge of the compatibility of these products that the buyer has at his disposal. It is exclusively up to the buyer, if he does not consider himself sufficiently informed in the matter, to obtain assistance from advice either from Kushtom.com or from a competent third party;
- linked to an error in the choice of the product and/or its options made by the customer when ordering;
- occurred during delivery (see “receipt” article above);
- occurring during product regeneration and/or cleaning work.
The products offered comply with current French legislation. The seller, in the online sales process, is only bound by an obligation of means; it cannot be held liable for damage resulting from the use of the Internet network such as loss of data, intrusion, viruses, interruption of service, or other unintentional problems. Upon receipt and acceptance of the products by the buyer, all responsibilities relating to the products henceforth fall to the latter. The buyer cannot turn against the seller in the event of misuse, abusive use, or inappropriate reaction.
Kushtom.com respects intellectual property laws.
When using our personalization services, you are responsible for complying with applicable intellectual property laws. You warrant that you are the owner of the intellectual property rights or have obtained all necessary permissions to use the content you provide to us.
The company JISS PROD will under no circumstances be responsible for any violation of intellectual property rights, in particular copyright, registered trademarks or patents, committed by you or by a third party in relation to the personalization services that we offer. .
All elements of the Kushtom.com site are the exclusive intellectual property of the company JISS PROD.
No reproduction, exploitation, redistribution or use, even partial, of the elements of the site, whether software, visual or sound, is authorized without our express written consent.
Any simple or hypertext link is strictly prohibited without the prior written consent of Kushtom.com.
We reserve the right to ask the customer for proof of the guarantees expressed above. If you do not comply with the conditions of use of our services, we reserve the right to refuse your order or suspend your account.
ARCHIVING - PROOF
Kushtom.com will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of article 1348 of the Civil Code. The computerized records will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
The buyer can follow each order live (by going to the website and logging in). Before, during and after each order, the buyer has different means of contacting customer service (telephone, email and post). All Kushtom.com contact details are available from the “contact” page.
LEGAL NOTICES ON PACKAGES / EVIN LAW
As a rolling paper manufacturer, we are concerned about the compliance of our products with current regulations.
Therefore, we would like to draw the attention of our customers to the legal obligation to insert the words "Get help to stop smoking, call 3989 (non-premium rate call)" on packets of rolling papers, in accordance with the Evin Law.
This statement must appear on the main edge of the packages and on the front of the presentation boxes containing the packages, in particular when the products are intended for distribution in tobacco shops.
Although the legal notice is not mandatory for all cases of distribution, it is strongly recommended to include it on the visuals to comply with current regulations.
However, we would like to emphasize that the final decision regarding the inclusion of the statement on the visuals rests with our customers.
In all cases, we would like to inform our customers that we decline all responsibility in the event of non-compliance with the Evin Law.
We therefore encourage our customers to comply with the regulations in force to avoid any possible sanctions.
In case of questions or doubts about the legal obligations regarding legal notices on packages, we are available to our customers to help them make the most appropriate decisions for their business.
Content that is violent, hateful, defamatory, discriminatory or incites hatred, violence or discrimination.
Pornographic or sexually explicit content.
Content promoting drugs, alcohol or tobacco.
Content that violates intellectual property rights or copyrights, including images, photos, trademarks, trade names, slogans or logos.
Content using comic book, anime, cartoon or other characters protected by copyright or intellectual property rights without the permission of the rights owner.
Content promoting violence, guns or explosives.
Content promoting nudity, child pornography or other forms of sexual exploitation.
Content that promotes discrimination based on race, gender, religion, sexual orientation, age, disability or other personal characteristic.
Content that promotes fraud, hacking or other illegal activities.
KUSHTOM reserves the right to refuse any order or to interrupt any commercial relationship with any customer who is found to be involved in illegal activities. The customer guarantees that the products ordered are intended for legal use and will not be used for illegal activities. In the event of non-compliance with this guarantee, KUSHTOM disclaims all liability in the event of legal proceedings or other legal actions resulting from the illicit use of the products.
The customer undertakes to indemnify and release KUSHTOM from any liability linked to the illegal use of the products ordered.
Kushtom reserves the right to use the visuals of personalized products for the promotion and advertising of our activity.
Visuals can be shared on our various communication channels, such as social networks or our website, in order to generate social proof and communicate about our activity.
Our clients' logo can also be used in our "Our references" section to illustrate our experience in the field of personalization of advertising objects.
However, if a customer does not want their visuals to be used for marketing purposes by Kushtom, they can make an explicit request to us by email at firstname.lastname@example.org.
We undertake not to use the visuals of the company in question in our communication for marketing purposes.
However, we would like to point out that this use of personalized visuals is an excellent way to publicize our activity and demonstrate our know-how in the personalization of advertising objects. Customers who accept this use of their visuals thus contribute to the promotion of our company and benefit from additional visibility.
We would like to inform you that all information on the site www.kushtom.com is intended for strictly informative purposes and is not intended to produce legal effects, unless explicitly stated otherwise.
However, at KUSHTOM, we are committed to providing up-to-date and accurate information on our site.
If you find an error or inaccuracy, we invite you to contact us so that we can correct it.
We strive to minimize disruptions to the operation of the site, but it is not always possible to eliminate them completely. We cannot therefore accept any responsibility or liability for any damage caused by the operation, malfunction, non-functioning or non-accessibility of this website.
However, rest assured that we do everything we can to make your experience on our site as pleasant as possible.
At KUSHTOM, we are also aware of the importance of information about the products we offer.
Although we strive to provide accurate and up-to-date information on our site, there may be differences between the appearance of the site and the actual products or product information.
We are committed to providing you with all the necessary information about our products, their availability and specifications in each country, and we are available to answer any questions you may have.
Finally, the KUSHTOM website may contain links to other websites.
Although we are careful about the links we share, KUSHTOM assumes no responsibility for the content, accuracy, availability, security or any other aspect of these websites, accessible through an external link on the KUSHTOM website.
We would like to assure you that this disclaimer is standard and complies with current legal requirements.
At KUSHTOM, we are committed to providing quality products and services to our customers, and we are available to answer any questions or concerns with complete transparency.
The entire team remains at your disposal for any requests or questions about our General Conditions of Sale and we wish you a happy shopping.
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