Terms of Sales

ARTICLE 1 - Scope of application
These General Conditions of Sale apply, without restriction or reservation to all sales concluded by BABODRI LTD (the Seller) to consumers and non-professional buyers (“The Customers or the Customer”), wishing to acquire the products offered for sale by the Seller (“The Products”) on the website www.kadjaray.com. They specify in particular the conditions of ordering, payment, delivery and management of possible returns of Products ordered by Customers.
These General Conditions of Sale may be supplemented by special conditions, set out on the website, before any transaction with the Customer.
They are accessible at any time on the website www.kadjaray.com and will prevail, where applicable, over any other version or any other contradictory document.
These General Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the website on the date the order is placed.
Modifications to these General Conditions of Sale are binding on users of the website www.kadjaray.com from the time they are put online and cannot apply to transactions previously concluded.
ARTICLE 2 - Products offered for sale
The Products offered for sale on the website www.kadjaray.com are as follows:
- Stainless steel jewelry.
- Skin care products
- Gift ideas…
The main characteristics of the Products and in particular the specifications, illustrations, etc., are presented on the website www.kadjaray.com.
Before placing an order, the Customer is required to refer to the description of each Product in order to know its properties, essential characteristics and delivery times, as well as, in the case of continuous or periodic supply of a good, the minimum duration of the proposed contract. The choice and purchase of a Product is the sole responsibility of the Customer.
The photographs and graphics presented on the website www.kadjaray.com are not contractual and cannot engage the responsibility of the Seller.
The contractual information is presented in French and is subject to confirmation at the latest when the order is validated by the Customer.
The Products presented on the website www.kadjaray.com are offered for sale in mainland France, internationally and in the European Union.
In the event of an order to a country other than mainland France, the Customer is the importer of the Product(s) concerned.
Customs duties or other local taxes or import duties or state taxes may be payable. They will be the responsibility and are the sole responsibility of the Customer.
ARTICLE 3 - Validity period of the Product offer
Product offers are within the limits of available stocks, as specified when placing the order.
ARTICLE 4 - Seller’s contact details
The Seller's contact details are as follows:
BABODRI LTD
Registration number:14762096
20-22 Wenlock Road
London
N1 7GU
England
Email: info@kadjaray.com
ARTICLE 5 - Orders
5-1. Placing the order
To place an order, it is up to the Customer to select the Products he wishes to order on the website www.kadjaray.com in order to add them to his basket, follow the online purchasing procedure and click on “Pay now” .
The Customer will then receive an email confirming that their order has been taken into account. He will also be informed by email of the shipment of his order. An electronic ticket stating the order details will be attached to the Dispatch Confirmation.
The Customer has the possibility to check the details of his order, its total price and to correct any errors before confirming his acceptance. It is his responsibility to verify the accuracy of the order and to immediately report or correct any errors.
An order is registered on the website www.kadjaray.com when the Customer accepts these General Conditions of Sale by checking the box provided for this purpose and validates their order. This validation implies acceptance of all of these General Conditions of Sale as well as the general conditions of use of the website www.kadjaray.com.
The sale is only final after sending to the Customer confirmation of acceptance of the order by the Seller by email, which must be sent without delay and after receipt by the latter of the entire price. .
Any order placed, validated by the Customer and confirmed by the Seller, under the conditions and according to the methods described above, on the website www.kadjaray.com constitutes the formation of a contract concluded remotely between the Customer and the Seller.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
Validation of the order by the Customer constitutes acceptance without restriction or reservation of these General Conditions of Sale.
The Customer acknowledges having the required capacity to contract and acquire the Products offered on the website www.kadjaray.com
5-2. Editing the order
Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be modified.
5-3. Cancellation of the order
Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be canceled, except in the exercise of the right of withdrawal or in cases of force majeure.
ARTICLE 6 - Prices
The Products are supplied at the current prices appearing on the website www.kadjaray.com, when the order is registered by the Seller. Prices are expressed in Euros including tax.
The prices take into account any reductions that may be granted by the Seller on the website www.kadjaray.com.
These prices are firm and cannot be revised during their period of validity, as indicated on the website www.kadjaray.com, the Seller reserving the right, outside this period of validity, to modify the prices at any time. They do not include processing, shipping, transport and delivery costs, which are invoiced additionally, under the conditions indicated on the website www.kadjaray.com and calculated before placing the order.
If the Customer requests a faster or more expensive shipping method than standard shipping, the additional delivery costs, as they appear at the time the order is validated by the Customer, are entirely their responsibility.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is established by the Seller and given to the Customer upon delivery of the Products ordered.
ARTICLE 7 - Payment conditions
The price is payable in cash, in full on the day the order is placed by the Customer, by secure payment by bank cards: Apple Pay, Visa, MasterCard, American Express.
Payment by credit card is irrevocable, except in the event of fraudulent use of the card. In this case, the Customer may request the cancellation of the payment and the restitution of the corresponding sums.
Payment data is exchanged in encrypted mode using the STRIPE/SHOPIFY payment protocol.
Payments made by the Customer will only be considered final after actual collection of the sums due by the Seller.
In addition, the Seller reserves the right, in the event of non-compliance with the payment conditions appearing above, to suspend or cancel delivery of current orders placed by the Customer.
No additional costs, greater than the costs borne by the Seller for the use of a means of payment, may be invoiced to the Customer.
ARTICLE 8 - Deliveries
The Products ordered by the Customer will be delivered in mainland France, internationally and in the European Union to the address indicated by the Customer when ordering on the website www.kadjaray.com
Delivery consists of the transfer to the Customer of physical possession or control of the Product.
Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go. The Client benefits from:
- Standard delivery within three (3) to seven (7) days from shipment of the order.
Deliveries are ensured by an independent carrier, to the address mentioned by the Customer when ordering and to which the carrier can easily access.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the deadlines specified above. In order for these deadlines to be respected, the Customer must ensure that they have communicated accurate and complete information concerning the delivery address (such as,
in particular: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.).
The Customer will be able to follow the progress of the delivery of their order via a tracking number which will be communicated to them when the shipment of their order is confirmed.
However, these deadlines are communicated for informational purposes only. If the Products ordered have not been delivered within thirty (30) days after the indicative delivery date, for any reason other than force
major or the act of the Customer, the sale may be canceled at the written request of the Customer under the conditions provided for in articles L 216-2 L 216-3 L241-4 of the Consumer Code.
The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of termination of the contract, excluding any compensation or withholding.
However, delivery costs will not be refunded in the event that the Customer provides an incomplete or incorrect address, and in the event that the Customer does not collect his package from a relay point within the deadline.
In the event of non-conformity of the Product delivered, the Seller undertakes to remedy it or reimburse the Customer, as indicated in the article “Seller's Responsibility - Guarantee”.
The Customer is required to check the condition of the delivered products. He has a period of thirty (30) days from delivery to formulate by email to info@kadjaray.com; all reservations or complaints (for example damaged package already opened, incomplete package, etc.), with all supporting documents
related to it (photos in particular). After this period and failing to have complied with these formalities, the Products delivered will be deemed to be compliant and free from any apparent defect and no complaint can be validly accepted by the Seller.
The Seller will reimburse or replace as soon as possible and at its expense, the Products delivered whose lack of conformity and/or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in articles L 217-4 and following of the Consumer Code and those provided for in these General Conditions of Sale (see guarantees, in particular).
ARTICLE 9 - Transfer of ownership - Transfer of risks
The transfer of ownership of the Seller's Products will be carried out upon acceptance of the order by the Seller, materializing the agreement of the parties on the item and on the price, regardless of the date of payment and delivery.
Whatever the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto will only be carried out at the time when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk.
ARTICLE 10 - Right of withdrawal
10-1. Principle and effects of withdrawal
In accordance with the legal provisions in force, the Customer has a period of fourteen (14) days from receipt of the Product to exercise his right of withdrawal from the Seller, without having to provide reasons or pay a penalty.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be put back on the market in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products will not be returned.
The right of withdrawal can be exercised by email to info@kadjaray.com, by sending the withdrawal form available in the appendix to these general conditions of sale, in which case an acknowledgment of receipt will be communicated by
email to the Customer by the Seller.
If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased will be refunded, the delivery costs as well as the return costs will remain the responsibility of the Customer.
The refund will be made within fourteen (14) days from notification to the Seller of the withdrawal decision. Reimbursement may be deferred until receipt by the Seller of the returned products. The refund method will be the same as the payment method used in the initial transaction.
10-2. Exclusions
In accordance with article L.221-28 of the Consumer Code, the Customer will not be able to exercise the right of withdrawal for:
- Products made according to the Customer's specifications or personalized at their request;
- Products which, due to their nature, cannot be returned or are likely to deteriorate
or to expire quickly; And
- Products which have been unsealed by the Customer after delivery and Products which cannot be returned for reasons of hygiene or health protection.
ARTICLE 11 - Responsibility of the Seller - Guarantee
The Products sold on the website www.kadjaray.com comply with the regulations in force in France and more broadly in Europe.
The Products supplied by the Seller benefit automatically and without additional payment, independently of the right of withdrawal, in accordance with legal provisions,
- the legal guarantee of conformity, for Products that are apparently defective, damaged or damaged or do not correspond to the order,
- the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use, under the conditions and according to the methods referred to in the box below and defined in the appendix to these General Conditions of Sale (Guarantee of Conformity / Guarantee of Hidden Defects).
It is recalled that as part of the legal guarantee of conformity, the Customer benefits from a period of two years from delivery of the goods to take action against the Seller; - can choose between repair or replacement of the goods Product ordered, subject to the cost conditions provided for by article L 217-9 of the Consumer Code; is exempt from providing proof of the existence of the lack of conformity of the Product during the twenty-four months following the delivery of the Product.
The legal guarantee of conformity applies independently of the commercial guarantee which may potentially cover the Product. The Customer may decide to implement the guarantee against hidden Product in accordance with article 1641 of the Civil Code; in this case, he can choose between canceling the sale or reducing the sale price in accordance with 1644 of the Civil Code.
In order to assert his rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within a maximum period of 14 days from delivery of the Products or from the discovery of hidden defects within the time limits set out below. above and return the defective Products in the condition in which they were received with all the elements (accessories, packaging, instructions, etc.).
The Seller will reimburse, replace or repair Products or parts under warranty deemed non-compliant or defective.
Shipping costs will be reimbursed on the basis of the invoiced price and return costs will be reimbursed upon presentation of supporting documents.
Reimbursements for Products deemed non-compliant or defective will be made as soon as possible and at the latest within 14 days following the Seller's discovery of the lack of conformity or hidden defect.
Reimbursement will be made to the Customer's bank account.
The Seller cannot be held liable in the following cases:
- non-compliance with the legislation of the country in which the products are delivered, which is the responsibility of the
Customer check,
- in case of misuse, use for professional purposes, negligence or defect
maintenance by the Customer
- in the event of normal wear and tear of the Product, accident or force majeure.
The Seller's guarantee is, in any event, limited to the replacement or reimbursement of non-compliant or defective Products.
ARTICLE 12 - Protection of personal data
In application of law 78-17 of January 6, 1978 modified by law n°2018-493 of June 20, 2018, it is recalled that the personal data requested from the Customer are necessary for the processing of their order and the preparation of invoices. , notably.
This data may be communicated to any partners of the Seller responsible for the execution, processing, management and payment of orders.
Processing of information communicated via the website
www.kadjaray.com meets legal requirements regarding the protection of personal data, the information system used ensuring optimal protection of this data.
The Customer has, in accordance with the national and European regulations in force, a right of permanent access, modification, rectification, opposition to portability and limitation of processing with regard to information concerning him.
This right can be exercised by email to info@kadjaray.com and by providing proof of identity.
ARTICLE 13 - Intellectual property
The content of the website www.kadjaray.com is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.
ARTICLE 14 - Unpredictability
In the event of a change in unforeseeable circumstances upon conclusion of the contract, in accordance with the provisions of Article 1195 of the Civil Code, the Party which has not agreed to assume a risk of excessively onerous performance may request a renegotiation of the contract. to its co-contractor.
ARTICLE 15 - Force majeure
The Parties cannot be held responsible if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of article 1218 of the Civil Code.
ARTICLE 16 - Applicable law - Language
These General Conditions of Sale and the operations resulting from them are governed by French law.
They are written in French. In the event that they are translated into one or more languages, only the French text will be authentic in the event of a dispute.
ARTICLE 17 - Disputes
All disputes to which the purchase and sale operations concluded in application of these general conditions of sale could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their consequences and which could not have been be resolved between the seller and the customer will be submitted to the competent courts under the conditions of common law.
The Customer is informed that he can in any case resort to conventional mediation, in particular with the Consumer Mediation Commission (article L 612-1 of the Consumer Code) or with existing sectoral mediation bodies. , and whose references
appear on the website www.kadjaray.com or any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.
ARTICLE 18 - Pre-contractual information - Customer acceptance
The fact for a natural (or legal) person to order on the website www.kadjaray.com implies full and complete adherence and acceptance of these General Conditions of Sale and obligation to pay for the Products ordered, which is expressly recognized by the Client, who waives, in particular, the right to rely on any contradictory document, which would be
unenforceable against the Seller.
ANNEX 1 - PROVISIONS RELATING TO LEGAL GUARANTEES
Article L217-4 of the Consumer Code
The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been made his responsibility by the contract or has been
carried out under his responsibility.
Article L217-5 of the Consumer Code
To comply with the contract, the property must:
- Be suitable for the use usually expected of a similar item and, where applicable:
- correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model
- present the qualities that a buyer can legitimately expect with regard to the
public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling
- Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L217-12 of the Consumer Code
The action resulting from the lack of conformity is prescribed two years from the delivery of the goods.
Article L217-16 of the Consumer Code
When the buyer requests from the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a restoration covered by the guarantee, any period of immobilization of 'at least seven days is added to the duration of the guarantee
which remained to run. This period runs from the buyer's request for intervention or the making available for repair of the goods in question, if this making available is subsequent to the request for intervention.
Article 1641 of the Civil Code
The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would not would have given a lower price for them, if he had known them.
Article 1648 paragraph 1 of the Civil Code
Action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
ANNEX 2 - WITHDRAWAL FORM
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on www.kadjaray.com unless exclusions or limits to the exercise of the right of withdrawal follow the applicable General Conditions of Sale.
To the attention of BABODRI LTD
info@kadjaray.com
- Order of: .............................................. ...........
- Order number: ......................................... ...............
- Client name : ............................................. .............................
- Customer Address: .........................