General Conditions of Sale (online sales)

Updated: 12/26/2015

The present conditions of sale (GCS) are concluded on the one hand by Villa Karesema sarl, a limited liability company with capital of 60,000 euros, registered in France, entered in the Antibes Trade and Companies Register with number 809 850 001, having its registered office at 39, Boulevard Albert 1er 06600 Antibes, France, whose VAT number is FR36809850001, hereinafter "Villa Karesema" and secondly, by any individual or representative of a legal entity, professional or private, wishing to make a purchase via the website hereinafter "Purchaser".

Villa Karesema invites each Purchaser to read these GCS carefully

Object

These terms and conditions aim to define the contractual relationship between Villa Karesema and the Purchaser and the conditions applicable to all purchases made through websites Villa Karesema, www.villakaresema.com & www.villakaresema.fr.

Purchases on Villa Karesema websites are reserved exclusively for private clients, individuals or legal entities, for use without resale.

Pursuant to the provisions of the law of 21 June 2004 governing trust in the digital economy and the law of 13 March 2000 governing electronic signatures, the deed by means of which the client confirms his/her order via a computerized transaction, which is outlined to him/her on the Web Site, or who gives his/her consent by phone, represents an irrevocable acceptance of the applicable general conditions.

These conditions shall prevail over any other general or special conditions not specifically approved by Karesema Villa.

Villa Karesema reserves the right to modify terms and conditions at any time. These will be effective upon their appearance on the website and will apply to orders placed after that date.

Products

The products offered are those listed on this site. Villa Karesema reserves the right to change at any time without notice the products offered.

These products are offered within the limits of available stocks. In the event of unavailability of product after placing the order, for example in the case of simultaneous orders of the same product by several customers, Villa Karesema inform the Customer as soon as possible and will offer him the opportunity either to re-schedule delivery, either to order another product as replacement, or to cancel the order. In case of cancellation of the order, reimbursement will be made no later than within 30 days from the date of actual payment of the order.

Every product offered is described on the site through a detailed information sheet outlining the key characteristics of the product: its name, weight, composition, photo, price. These details are provided for the Purchaser’s information and are not exhaustive. The photographs of the products presented are not contractual.

Price

The prices displayed on the site are indicated in euros, French VAT and other French applicable taxes included, and exclude delivery costs which are calculated separately.

Clients located outside mainland France must obtain information regarding import duties or taxes that may apply to their Orders and assume complete responsibility for both declaration and payment.

Villa Karesema reserves the right to change prices at any time without notice, providing that only the price listed online at the time of confirmation of the order shall be applicable to the Purchaser.

Orders

The Purchaser must:

- Complete the identification sheet with all the data requested or give customer number if any;

- Complete the online order form giving all the references and quantities of selected products;

- Validate the order after reviewing it;

- Make payment as provided;

- Confirm the order and its payment.

The confirmation of the order implies acceptance of the price and the characteristics of products featured on the Web Site, acceptance and recognition of having perfect knowledge of GCS, and waiver of the Purchaser own conditions of purchase or any other conditions.

Once the order has been received, Villa Karesema will confirm acceptance of the Client’s Order by e-mail. The sale will only be concluded when the Order is confirmed by Villa Karesema and, at the latest, when it is delivered.

Rejection of an order by Villa Karesema

Pursuant to the provisions of article L. 122.1 of consumer legislation, Villa Karesema is entitled to reject any order for a legitimate reason; i.e. in the event of proven financial difficulties on the part of the Purchaser – payment irregularities – foreseeable problems affecting delivery, orders placed in bad faith by the Purchaser, or to confirm the Purchaser’s identity by asking him/her to provide official proof in this respect.

Retraction

Pursuant to the provisions of article L 121-20 of consumer legislation the Purchaser has a period of fourteen (14) days within which to exercise his/her right of retraction without needing to justify his/her reasons or to pay penalties, with the exception of return costs. Products must be returned in their original condition and in their original packaging; return of damaged products will not be accepted.

No returns will be accepted without prior written request of the Purchaser to Villa Karesema.

Payment terms

For each product offered for sale, the consumer has his choice of the following payment options:

immediate payment by credit card through the secure platform Hipay

Payment by check (in France only) or by bank transfer, in both cases with prior agreement made with Villa Karesema.

The buyer certifies having the necessary permissions to make the payment he chooses.

The payment order may be revoked in case of fraudulent use of the card in accordance with the agreement between the consumer and the bank.

Shipments

Villa Karesema strives to process orders within 3 working days from the date of payment.

Deliveries are made by specialized providers; delivery time when given is indicative only and do not in any way constitute a commitment on the part of Villa Karesema.

Under the provisions of the Consumer Code, the delivery will occur at the latest within thirty days after the confirmation of the order. Otherwise, the Purchaser may of right request cancellation of his order by registered letter and obtain its reimbursement.

The products are delivered to the address provided by the Purchaser at the time of his order. In case of error in the address of the recipient, Villa Karesema cannot be held responsible for failure in which it could be to deliver the products.

Products travel at the risk of Villa Karesema. The risks are transferred to the Purchaser at the time of delivery of the products to the address specified by the latter.

Villa Karesema ensures that products are in perfect condition upon delivery to the carrier. In case the products arrive damaged, the Purchaser must report in writing to the carrier at delivery or no later than four hours after delivery. A copy of these reservations must be sent to Villa Karesema email at info@villakaresema.com no later than 12 hours after these reservations were made.

If the above procedure has been followed Villa Karesema will choose to establish a credit, refund the customer the price paid or make a new delivery of similar products.

No return of Products will be accepted unless previously agreed upon.

Shipping cost

Deliveries are made to the metropolitan France and the following areas:

Zone 1: Germany, Belgium, Luxembourg, Netherlands

Zone 2: Austria, Spain, Ireland, Italy, Portugal, United Kingdom.

Zone 3: Corsica, Denmark, Estonia, Hungary, Latvia, Lithuania, Poland, Czech Republic, Slovakia, Slovenia, Sweden

Zone 4: other countries of the European Union

With charges to the Purchaser of a contribution to shipping costs calculated as follows:

€	Metropolitan France	Area 1	Area 2	Area 3	Area 4
0-2 kgs	9,40	15,20	18,40	18,60	21,80
2-5 kgs	11,90	17,90	21,30	24,00	31,10
5-10 kgs	16,10	22,20	26,10	37,70	52,00
>10kgs	breakdown in several parcels at conditions above

Deliveries to other destinations may be arranged through specific contact with Villa Karesema.

Responsibility

Villa Karesema in the online sales process, is bound by an obligation of means; it cannot be held liable for damages resulting from the use of the Internet such as data loss, hacking, viruses, break service, or other unintended problems.

Intellectual property

All elements of this site are and remain the exclusive intellectual property of Villa Karesema sarl.

Nobody is allowed to reproduce, use, repost, or use for any purpose whatsoever, even partially, the elements of the site whether software or visual.

Personal data

Pursuant to the law of 6 January 1978, amended in 2004, the Purchaser has a right to access, correct and remove data relating to him/her, which may be exercised by submitting a written request to Villa Karesema, at the following address: Villa Karesema, 39, Boulevard Albert 1er, 06600 Antibes France.

Villa Karesema reserves the right to use cookies or similar devices to facilitate and customize navigation on its websites and customize the information that appears, and to collect information about their users, such as IP address, type Internet browser and operating system used, pages visited, for statistical or security purposes. Villa Karesema can also collect this information to monitor the use of its sites and improve certain aspects.

It is possible to oppose the registration of cookies by configuring the internet browser accordingly. More information on cookies and their use can be found on the file of the National Commission for Computing and Liberties at the following address: http://www.cnil.fr.

Filing - Proof

Pursuant to the provisions of article 1348 of civil legislation, purchase orders and invoices will be archived by Villa Karesema on a reliable and durable media.

The registers of Villa Karesema will be considered by the parties as proof of communications, orders, payments and transactions between the parties.

Litigation

These General Conditions of Sale are subject to French law.

Any disputes arising from the interpretation and/or implementation of the aforementioned general conditions, will give rise to an attempt at amicable settlement between the Parties.

In the event that an amicable settlement cannot be reached, jurisdiction is given to the competent courts of Antibes, notwithstanding multiple defendants or the introduction of third parties, even for emergency or interim proceedings.