TERMS AND CONDITIONS
The present conditions of sale are concluded on the one hand by the company JISS Prod with a capital of 1000 euros whose registered office is located at 4 rue des Feuillantines 44200 Nantes, registered with the register of trade and companies of Nantes hereafter called "JISS Prod" or "the salesman" and on the other hand, by any individual or entity wishing to proceed to a purchase via the Internet site Kushtom.com hereafter called "the purchaser".
The company JISS Prod is the owner of the site www.kushtom.com.
The present conditions of sale aim at defining the contractual relations between JISS Prod and the purchaser and the conditions applicable to any purchase carried out by the means of the commercial site, that the purchaser is professional or private individual. The acquisition of a good or a service through the present site implies an acceptance without reserve by the purchaser of the present conditions of sale. These conditions of sale will prevail on all other general or particular conditions not expressly approved by JISS Prod. JISS Prod reserves the right to be able to modify its conditions of sale constantly. In this case, the applicable conditions will be those in force at the date of the order by the purchaser.
Access to the site:
The purchaser takes care himself of the installation of the data-processing means and telecommunications allowing the access to the site. The buyer is responsible for the technical costs of access to the website.
Characteristics of the goods and services offered
The products and services offered are those listed in the catalogue published on the Kushtom.com website. In accordance with the article L111-1 of the consumer code, the buyer can before his order take note of the essential characteristics of the product(s) he wishes to order. This information is available on the "products" pages of the site. The photographs in the catalogue are as accurate as possible but cannot ensure a perfect similarity with the actual product, particularly with regard to colours and dimensions.
The prices shown in the catalogue are prices in euros, excluding VAT, taking into account the VAT applicable on the day of the order. Any change in the rate may be reflected in the price of products or services. JISS Prod reserves the right to modify its prices constantly, however being understood that the price appearing in the catalogue the day of the order will be the only one applicable to the purchaser.
The buyer who wishes to buy a product or a service must obligatorily:
- fill in the identification form on which he will indicate all the requested details (when creating an account);
- provide exact information allowing us to validate or not the orders;
- fill in the online order form giving all the references of the products or services chosen;
- validate his order after having checked it;
- make the payment in the conditions provided;
- and confirm his order and payment.
Only persons legally capable of subscribing to contracts or goods offered on the site can order. Confirmation of the order implies acceptance of these terms and conditions of sale, the acknowledgement of having perfect knowledge of them and the renunciation to avail oneself of one's own terms and conditions of purchase or other conditions. All the data provided and the recorded confirmation will serve as proof of the transaction. The confirmation will be worth signature and acceptance of the operations carried out.
Kushtom.com considers as prohibited any content violating public order, morality, decency, laws and regulations French and international, including:
- Presenting crimes and / or offenses.
- Presenting attacks on minors in any form whatsoever.
- Presenting discrimination, hatred or violence against a person because of their origin or their membership or non-membership of a particular ethnic group, nation, race or religion.
- Contesting the existence of one or more crimes against humanity as defined by Article 6 of the Statute of the International Military Tribunal annexed to the London Agreement of 8 August 1945 and which were committed either by members of an organisation declared criminal under Article 9 of the said Statute, or by a person found guilty of such crimes by a French or international court.
- Offending the President of the French Republic.
- Presenting false news, fabricated or falsely attributed to third parties, made in bad faith, and having disturbed the public peace or likely to disturb it, or likely to undermine the discipline or morale of the armies or to hinder the Nation's war effort.
- Alleging or imputing a fact which is prejudicial to the honour or consideration of the person or body to which the fact is attributed, even in a dubious form, or concerning a person or body not expressly named, but whose identification is made possible by publication or other visually related publications.
- Presenting an insult to the courts, tribunals, armies of land, sea or air, constituted bodies and public administrations, one or more members of the ministry, one or more members of either House, a public official, a depositary or agent of public authority, a minister of one of the cults salaried by the State, a citizen in charge of a temporary or permanent public service or mandate, a juror or a witness on account of his testimony.
- Presenting an insult to an individual or individuals.
- Presenting an insult or defamation directed against the memory of a dead person.
- Presenting an offence against a foreign head of state, a foreign head of government or a foreign minister of a foreign government.
- Presenting an insult to an ambassador or minister plenipotentiary, envoy, chargé d'affaires or other diplomatic agent accredited to the Government of the Republic.
- Presenting work or acts relating to a procedure of a court or the Higher Council of the Judiciary.
- Presenting the identity and/or personality of a minor who has left his or her parents, guardian, person or institution that was responsible for his or her care or to which he or she was entrusted.
- Presenting the identity or personality of children who have been exposed or neglected under the conditions provided for in Articles 227-1 and 227-2 of the Penal Code.
- Concerning the suicide of an individual.
- Presenting information relating to the filiation of origin of a person who has been the subject of a full adoption alive or dead for less than 30 years.
- Presenting information on a rape or an indecent assault providing information that could allow the identification of the victim.
- Revealing the identity of an official of the national police, military members of the national gendarmerie or customs officers belonging to services or units designated by order of the Minister concerned and whose missions require, for security reasons, the respect of anonymity.
- Opening or publicly announcing subscriptions with the aim of compensating for fines, damages, interest pronounced by judicial, criminal or correctional convictions and, more generally, any publication prohibited by law. The buyer agrees not to send to Kushtom.com any photos that may contain Prohibited Content.
Terms of payment
The price is payable at the time of order. At no time can the sums paid be considered as a deposit or advance payment. 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 system E-transaction of the Crédit Mutuel which uses the SSL (Secure Socket Layer) protocol so that the information transmitted is encrypted by software and no third party can read it during transport on the network. For security reasons, the bank details are destroyed as soon as the processing of the order has been finalised and will therefore have to be re-entered for each new order. The cards accepted are French national bank cards, international Eurocard/Mastercard and international Visa cards. The order will only be considered effective when the bank payment centres concerned have given their agreement. In case of refusal of the said centres, the order will be cancelled. 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 purchase order or the estimate. 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, during the registration of 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 case of non-payment of any amount due by the buyer, or in case of payment incident. Penalties in an amount equal to the legal interest rate set in accordance with Article L312-2 of the French Monetary and Financial Code are automatically applicable to unpaid amounts at the end of a period of ten days following the invoice date or upon notification of rejection of bank payment for any other means of payment. The delivery of any new order may be suspended in the event of late payment of a previous order, notwithstanding the present provisions.
Each order placed is processed and shipped within an average time that varies depending on the delivery method chosen: (Rolling sheets) manufacturing time of 2 to 5 days (to which must be added the delivery time). For Grinder Card, 8 to 10 weeks manufacturing time ( plus shipping time). An estimated delivery date is indicated on each product to allow you to choose the delivery that suits you. 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 charged to the customer.
For standard 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 noon will be shipped the same day and delivered within 48 hours to the address provided by the customer. For orders placed after 12 noon, the shipment will take place the next day with delivery within 48 hours as well.
The carrier's processing and delivery times are given for information only and are not binding. Unless otherwise expressly stipulated in writing by Kushtom.com, a delay in delivery can, under no circumstances, give the right to cancel an order and no compensation can be demanded. Indeed, Kushtom.com only commits itself to respecting shipping delays, but delivery is subject to the carrier's general conditions of sale. Any delay in delivery cannot be a reason for compensation by Kushtom.com. The delivery dates indicated on each product sheet are therefore given as an indication and cannot be the subject of a claim if delivery takes place after this date due to a delay linked to the carrier GLS.
DELIVERY OUTSIDE EUROPE
Shipping rates (Outside Europe):
The amounts of taxes depend on the regulations in force in each country of destination. Kushtom.com cannot inform you of their exact amount. It is therefore your responsibility 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 purchaser must require to affix his signature on the Delivery Note, indeed, it sometimes happens that the deliveryman forgets to have the Delivery Note signed, all missing signatures cannot be the subject of a complaint thereafter.
The buyer is required to check, in the presence of the deliveryman, the condition of the packaging of the goods and its contents on delivery to ensure the absence of anomalies (damage, missing product compared to the delivery note, damaged package, broken products). The buyer may use the carrier's delivery slip 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 also "handwritten reserves" ask the carrier to return the package to the sender accompanied by a "spoliation report" (report 170) and remain in possession of a copy of this form. You must also report these incidents within 7 days from the refusal of the goods to the customer service of Kushtom.com. In case of non-delivery of the ordered products (significant delay of delivery compared to the date initially fixed), the buyer must report it by e-mail to the customer service, in order to launch an investigation with the carrier. Such an investigation may last up to 21 days. If during this period, the product is found, it will be immediately re-routed to the home of the buyer or the recipient named in the order form. On the other hand, if the ordered product is not found at the end of the 21 days of investigation, Kushtom.com will proceed at its own expense to a new shipment of products ordered by the buyer.
Withdrawal for personalized products
For products with high personalization thus the products made from the raw material of the purchaser (photos, scenario), the resumption by the salesman is not possible once the product is sent to the purchaser (right of retractation not applicable) because they are products made to measure. However, if the specifications provided by the buyer have not been respected by the seller, the latter undertakes to replace your product by another strictly conforming to the specifications. The seller may, at the buyer's request, make additional modifications, subject to the drawing up and validation of a quotation between the two parties.
All products supplied by the seller benefit from the legal guarantee provided by articles 1641 and following of the Civil Code. Kushtom.com accepts the return of personalized products ordered 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 related to the products ordered and will allow both parties to note any error on the part of Kushtom.com.
- If the products delivered have defects related to the product itself or to an incident that occurred during the manufacturing process.
In these two specific cases, complaints must be sent by e-mail within 7 days from receipt of the goods and must include:
- the customer's contact information;
- the reference of his order;
- the reasons for his complaint;
- supporting photos.
Within 72 working hours following the complaint, Kushtom.com will inform the customer of the validity or not of the complaint. Failure to comply with the procedure outlined above and the time limits indicated, the buyer may not make any claim for non-conformity or apparent defect of the products delivered, the products are then deemed to comply and free of any apparent defect.
No return will be made for problems:
- considered as subjective; the buyer is the only judge of the compatibility of these products that the buyer has at his disposal, since he alone knows the desired use of the products ordered. It is exclusively up to the buyer, if he does not consider himself sufficiently informed on the matter, to seek advice either from Kushtom.com or from a competent third party;
- related to an error in the choice of the product and/or its options made by the customer when ordering;
- occurred during delivery (see article "reception" above);
- occurred during regeneration work and/or cleaning of the products.
The products offered are in conformity with the French legislation in force. The seller, in the process of selling online, is only bound by an obligation of means; his liability cannot be held liable for any damage resulting from the use of the Internet such as data loss, intrusion, viruses, disruption of service, or other unintended problems. Upon receipt and acceptance of the products by the buyer, all responsibilities relating to the products are now incumbent on the buyer. The buyer cannot claim against the seller in the event of misuse, abuse, inappropriate reaction .
The intervention of the company JISS Prod is limited to the personalization of one or more products of the shop according to the specifications of the customer. The customer commits himself to a private use and not intended for a collective use. The purchaser guarantees on the one hand to be holder of the entirety of the rights of intellectual property or similar foreign rights such as copyright and on the other hand that he is the only one to have the control and the direction of the contents provided to Kushtom.com. Consequently, the buyer guarantees, for the whole world, rights on the content, of any nature whatsoever (personality rights, intellectual property, copyright) for having validly acquired them from their holders or holding them as their own author or subject, as well as compliance with the Laws and Regulations and in particular, for French law, with the provisions of the Law of 29 July 1881, the Law of 30 September 1986, the Intellectual Property Code, Articles L 227-23 et seq. of the Criminal Code and Articles 544 and 1382 et seq. of the Civil Code. Kushtom.com reserves the right to ask the customer for proof of the guarantees expressed above. Thus the buyer undertakes to guarantee Kushtom.com against any claim, recourse or action by third parties claiming private rights or any other right on the videos. The customer also guarantees Kushtom. com against any claim or recourse from holders of related rights. All elements of the site are and remain the exclusive intellectual property of Kushtom.com. No one is authorized to reproduce, exploit, rebroadcast or use for any purpose whatsoever, even partially, elements of the site whether software, visual or sound. Any simple link or hypertext link is strictly prohibited without the express written consent of Kushtom.com.
Data of a personal nature
In accordance with the law relating to data processing, data files and liberties of January 6, 1978, information of a nominative nature relating to the purchasers may be the subject of automated processing. Kushtom.com reserves the right to collect information on buyers, including by using cookies, and, if desired, to transmit to business partners the information collected. Buyers may object to the disclosure of their contact information by notifying Kushtom.com. Likewise, users have the right to access and rectify data concerning them, in accordance with the law of 6 January 1978. In addition, Kushtom.com undertakes not to distribute the photos provided by the buyer when ordering. All the data provided at the time of the order is therefore kept in a strict framework of confidentiality and used only within the framework of the specified order.
Archiving - Proof
Kushtom.com will archive purchase orders and invoices on a reliable and durable medium constituting a true copy in accordance with the provisions of Article 1348 of the Civil Code. The computerized registers 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 to contact the customer service (telephone, e-mail and postal mail). All contact information for Kushtom.com is available from the "contact" page.
The whole team remains at your disposal for any request or questions about our General Conditions of Sale and we wish you a good shopping.