ARTICLE 1: PREAMBLE

These General Terms and Conditions (hereinafter the “General Terms and Conditions”) govern the terms of use of the website kleman-france.com (hereinafter the “Site”), published by BELAIR DIGITAL SASU (hereinafter referred to as the “Company”), a French company with share capital of €100,000, whose registered office is located at Zone Industrielle de La Noue, 49740 La Romagne, FRANCE, registered with the Angers Trade and Companies Register under number 853733772, by any user (hereinafter referred to as the “Customer”) of the Site. The term Customer is used regardless of whether the Site user has placed an order on the Site or not.

The online store
The online store of the KLEMAN website has been set up by BELAIR DIGITAL, which operates it, hereinafter referred to as the Company. Any order validated by the Customer within the KLEMAN store implies prior acceptance of these General Terms and Conditions.

Validity of the order
The Customer acknowledges being fully informed that their agreement to the content of these General Terms and Conditions does not require a handwritten signature, insofar as the Customer orders the products presented therein online. The Customer declares that they have full legal capacity allowing them to commit under these General Terms and Conditions of Sale.

Application of the General Terms and Conditions of Sale
The Customer has the option to save or print these General Terms and Conditions, it being specified that both saving and printing of this document are the sole responsibility of the Customer, as these Terms and Conditions may be modified by the Company. In this case, the applicable conditions shall be those in force on the Site at the time the order is validated by the Customer.

Contractual information
The online store set up by the Company as part of its website provides the following information:

• Legal notice allowing precise identification of the Company

• Presentation of the essential characteristics of the goods offered

• Indication, in Euros (incl. VAT), of the price of the goods and, where applicable, contribution to shipping and packaging costs

• Indication of payment and delivery terms

• Existence of a right of withdrawal

• Period of validity of the offer

All information on the kleman-france.com website is presented in French and English.

Validity of the electronic signature
In accordance with the law of March 13, 2000 on electronic signatures, any order form signed by the Customer by “double validation click” constitutes an irrevocable acceptance that may only be challenged in the limited cases provided for in these General Terms and Conditions of Sale.
The “double click” associated with the authentication, non-repudiation, and integrity protection procedure constitutes an electronic signature. This electronic signature has the same legal value as a handwritten signature between the parties.

Proof of transaction
Computerized records, kept in the Company’s computer systems under reasonable security conditions, shall be considered as proof of communications, orders, and payments between the parties.

 

ARTICLE 2: PRODUCTS

Information
The Company presents on its website the products for sale and their descriptions, enabling compliance with Article L.111-1 of the French Consumer Code, which provides that the potential Customer must be able to know, before placing a definitive order, the essential characteristics of the products they wish to purchase.

Prices / VAT
Prices on the Site are indicated in Euros. They apply at the time the order is validated by the Customer for delivery to the countries listed in the delivery zones and do not include shipping costs, which are charged in addition and indicated before final validation of the order.
All residents of the European Union will be charged VAT at the rate applicable in the Customer’s country at the time of order validation. Any change in the legal VAT rate will be automatically reflected in the price of the products presented on the kleman-france.com website, on the date specified by the relevant implementing decree.

Validity of product offers
Offers presented on kleman-france.com are valid only while stocks last. The Company reserves the right to modify the product range, availability times, and prices.

Compliance of product offers
The products offered comply with current French legislation and standards applicable in France. Photographs, texts, graphics, product information, and product characteristics presented are not contractual. Consequently, the Company cannot be held liable in the event of errors or omissions in any of these photographs, texts, graphics, information, or product characteristics.

 

ARTICLE 3: ORDER

Order confirmation
Contractual information will be confirmed by email.

Non-performance of the order
The Company cannot be held liable for non-performance of the concluded contract in the event of stock shortage or product unavailability, force majeure, disruption, total or partial strike, in particular of postal services and means of transport and/or communications, flooding, or fire.
In the event of unavailability of the ordered product, the Customer will be informed as soon as possible and will have the option to modify or cancel their order. The Customer may then choose either to request a refund of the sums paid (to be made within a maximum of 30 days following the cancellation date), or, where applicable, an exchange of the product, in agreement with the Company. If the new order amount is higher, the Customer must pay the balance. Conversely, if the exchange amount is lower than the initial amount, the Customer will receive a refund of the difference.
If an exchange is not possible, the Company reserves the right to cancel the Customer’s order and refund the sums paid.

Reseller obligations
The Company undertakes to inform the Customer of any change relating to delivery time, price, or characteristics of the order, in order to allow the Customer to modify their order accordingly.

Warnings / advice
The Company recommends that the Customer keep a record of the data relating to their order on paper or on a reliable digital medium until final resolution of the order.

 

ARTICLE 4: PAYMENT

Payment for the order shall be made by credit card or via PayPal or Apple Pay upon final validation of the order through a secure website, and by Bancontact for Belgium.
For installment payments via ALMA (3 installments), payment security is ensured by Alma and its service providers. Purchases made with a gift card or store credit are not eligible for installment payments. Alma is the payment manager and issues an electronic certificate that serves as proof of the amount and date of the transaction.
Alma’s credit service for payment of purchases is subject to the Customer’s acceptance of Alma’s terms of use or credit agreement:

• Purchase amount: Only purchases between €50 and €2,000 are eligible for payment with Alma
  Fees: When paying in 3 installments with Alma, the Customer pays no fees

• Termination: Any termination of the General Terms and Conditions binding KLEMAN and the Customer results in termination of the terms between Alma and the Customer

• Refusal: Any refusal by Alma to grant credit for an order may result in cancellation of the order

• Eligible countries: Austria, Belgium, Germany, Spain, France, Ireland, Italy, Luxembourg, Netherlands, and Portugal

For more information, the Customer may consult Alma’s help center.
The Company reserves the right to suspend any order processing or delivery in the event of refusal of payment authorization by financial institutions.
The Company has implemented an order verification procedure to ensure that no one uses another person’s bank details without their knowledge. However, the Customer is informed that the Company cannot be held liable for any fraud or fraudulent use of a payment method that is not detected by the verification procedure.

Use of gift cards
Gift cards are discounts that can be purchased on the Site by specifying the desired amount.
To use the balance corresponding to a gift card, the code shown on the gift card must be entered on the payment page. Any difference between the gift card amount and the order price may be paid using any available payment method. Gift card balances do not earn interest and cannot be refunded.

 

ARTICLE 5: DELIVERY

The list of eligible countries, as well as delivery conditions and rates specific to each country, are indicated on the Delivery page.
The shipping times indicated are purely indicative. Exceeding these times may not under any circumstances be held against kleman-france.com, nor give rise to contract termination or any compensation for damages.
The Company reminds the Customer that they are responsible for ensuring that all information necessary for delivery is provided, in particular the mandatory telephone number at which they can be contacted.
The Company cannot be held liable for input errors and their consequences, such as delays and/or delivery errors. In this context, all costs incurred for reshipping the order shall be entirely borne by the Customer.
Any package opened and/or damaged, whether accepted or refused upon delivery, must be accompanied by “handwritten reservations.” These must be noted on the delivery slip by the Customer, who must also inform the carrier and the Company by mail within two working days following delivery.

Warnings / advice
Only damages and anomalies mentioned in the reservations made by the Customer will be taken into account in resolving the dispute with the carrier.
The Company reminds that in the event of a delivery problem, the Customer must keep all received items as they are (including packaging and over-packaging) until the case is fully resolved.
Any failure to comply with the above rules may result in refusal to handle the dispute.
We advise you to carefully check your delivery address during the order summary. In case of an error in the delivery address, shipping costs for a new shipment will be borne by the Customer.

 

ARTICLE 6: RECEIPT

Procedures
The Customer must submit to the Company, as soon as possible following receipt of the package, any complaint regarding delivery errors and/or non-compliance of the products in nature or quality compared to the order form.

Non-compliant products
In the event of a non-compliant product, the Customer may submit a complaint in accordance with the procedures to the Company’s Customer Service (see “Contact us”). The Company will make every effort to resolve the issue as soon as possible. In such cases, and insofar as the error originates from its services, the Company will bear the cost of returning the product(s) using the transport method of its choice.
Products benefit from the legal warranty of conformity (Articles L217-4 et seq. of the French Consumer Code) and the warranty against hidden defects (Articles 1641 et seq. of the French Civil Code).

Legal warranty of conformity
The Customer has a period of two years from delivery of the goods to act under the legal warranty of conformity. In the event of a lack of conformity, the Customer may choose between repair and replacement. If these options are impossible or disproportionate, the Customer may obtain a price reduction or contract termination. The choice belongs to the Customer unless it results in a manifestly disproportionate cost for the Company.

Warranty against hidden defects
The Customer has two years from discovery of the defect to act under the warranty against hidden defects. They may choose between returning the goods for a full refund or keeping the goods and obtaining a price reduction, in accordance with Article 1644 of the French Civil Code. The Customer must provide proof of a hidden defect (receipts, repair estimates, etc.) by sending a registered letter with acknowledgment of receipt to: Belair Digital – Consumer Service – Impasse de la Noue – 49740 La Romagne.
The letter must be accompanied by proof of purchase and your contact details, including a valid email address, to which we can respond within 14 days.

Exclusions
Warranties do not cover damage resulting from misuse, negligence, lack of maintenance, or normal wear and tear of the Product.

Warnings / advice
The Customer is informed that certain documents relating to the package may be requested and must therefore retain all received items (including packaging) until full resolution of the complaint.

Delivery errors
In the event of a delivery not intended for them, the Customer must keep the package(s) as they are and inform the Company’s Customer Service in accordance with the procedures (see “Contact us”).

 

ARTICLE 7: RIGHT OF WITHDRAWAL

You have the right to withdraw from this contract without giving any reason within fourteen days. The withdrawal period expires fourteen days after the day on which you, or a third party other than the carrier designated by you, takes physical possession of the last item.
The procedure described in “Article 8: Returns” applies to the return of goods.

Exercise of the right of withdrawal
To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous statement (for example, a letter sent by post or email) sent by post to: eShop KLEMAN, Cléon SAS, Impasse de la Noue, 49740 La Romagne, FRANCE, or by email to customer@kleman-france.com.
You may use the withdrawal form template, but it is not mandatory. To meet the withdrawal deadline, it is sufficient to send your communication regarding the exercise of the right of withdrawal before the deadline expires.
You must return or hand over the goods to: CLEON ECOM, RETOUR KLEMAN, Impasse de la Noue – Porte E, 49740 La Romagne, FRANCE, without undue delay and, in any event, no later than fourteen days after you have informed us of your decision to withdraw. This deadline is met if you send the goods before the fourteen-day period expires. You will bear the direct cost of returning the goods.

Withdrawal form:
(Please complete and return this form only if you wish to withdraw from the contract. (*) Delete as appropriate.)

To the attention of: eShop KLEMAN, Cléon SAS, Impasse de la Noue, 49740 La Romagne, FRANCE
I / We () hereby notify you of my / our () withdrawal from the contract relating to the item(s) below
Ordered on () / received on ()
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is notified on paper)
Date

Effects of withdrawal
In the event of withdrawal from this contract, we will reimburse all payments received from you, including delivery costs (except for additional costs resulting from your choice of a delivery method other than the least expensive standard delivery offered on kleman-france.com), without undue delay and in any event no later than fourteen days from the day we are informed of your decision. Reimbursement will be made using the same means of payment as used for the initial transaction, unless you expressly agree otherwise; in any case, no fees will be charged for this reimbursement. We may withhold reimbursement until we have received the goods or until you have provided proof of shipment, whichever occurs first.
Your liability is only engaged with respect to any depreciation of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and proper functioning of the goods.

Exceptions to the right of withdrawal
The right of withdrawal does not apply to the following contracts:

• contracts for the supply of goods made to the Customer’s specifications or clearly personalized;

• contracts for the supply of goods liable to deteriorate or expire rapidly;

• contracts for the supply of goods that have been unsealed by the Customer after delivery and cannot be returned for hygiene or health protection reasons;

• contracts for the supply of goods which, after delivery, are inseparably mixed with other items due to their nature;

• contracts for the supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;

• contracts for the supply of services fully performed before the end of the withdrawal period and whose performance began after the Customer’s express prior consent and express waiver of the right of withdrawal.

 

ARTICLE 8: RETURNS

Procedures
Any return request must be made before the goods are shipped.
Return shipping is free of charge. For Zone 3 and 4 (Albania, Canada, Guernsey, Jersey, Liechtenstein, Macedonia, Mexico, Moldova, Montenegro, Norway, Turkey, United States, DOM-TOM), return shipping is free if you choose store credit; for refunds, return costs are at your expense. 
All products must be returned to the Company in new condition and suitable for resale. Any product that has been worn or damaged, is incomplete, or whose original packaging is damaged or missing will not be accepted or exchanged.
All returns must be sent or delivered to the appropriate Company department within thirty (30) working days following the return request and returned in full in their original packaging and in perfect condition.
The provided return label must be clearly visible on the return package.
No cash-on-delivery shipments will be accepted, regardless of the reason.
Failure to comply with the above procedures will result in refusal of any claim for non-compliance or apparent defect of the delivered products.

The return of accessories (laces, socks,...) are not accepted. 

Refund of returns
We advise you to keep the shipping proofs until the return is processed. The refund of the items will be made within a maximum period of 10 working days from receipt of the return, by re-credit on the bank card or PayPal account used during purchase or in the form of credit note and after checking the good condition of the item and its packaging
Product exchanges are not possible.

Refund of shipping costs
Shipping costs charged are refunded except in the following cases:

• partially returned orders;
  

• delivery to zones 3 and 4 described above.

 

ARTICLE 9: RESIDENTS OUTSIDE MAINLAND FRANCE

Special cases
In the event of shipping an order or product to a country other than mainland France, the Company reminds the Customer that they remain the importer of the product(s) concerned. Any customs duties, local taxes, import duties, or state taxes that may be payable are not the responsibility of the Company. It is the Customer’s responsibility to check with local authorities the possibilities of importing or using the products or services they intend to ship in light of the legislation of the country concerned.

 

ARTICLE 10: LEGAL NOTICES AND LEGAL CLAUSES

Force majeure
Neither party shall be deemed to have failed in its contractual obligations insofar as performance is delayed, hindered, or prevented by an event of force majeure or fortuitous event.
Where the seller is prevented from performing the contract due to force majeure or a fortuitous event as defined by French case law, or by an external cause, notably a fault attributable to you, the delivery period shall be automatically extended according to the duration of the impediment. We will inform you by email of the occurrence and the end of such impediments. If the impediment lasts more than four (4) weeks, either party may terminate the contract as of right, without you being entitled to claim compensation.
The transfer of risks occurs at the time the products are delivered to the delivery address you provided, or at the time the package is collected from the carrier.
Force majeure or fortuitous events are defined as any irresistible, external, unforeseeable, unavoidable events beyond the control of the parties and which cannot be prevented despite all reasonably possible efforts.
Expressly considered as cases of force majeure or fortuitous events, in addition to those usually recognized by French courts, are:

• blockage of means of transport or supply, earthquakes, fires, storms, floods, lightning;

• interruption of telecommunications networks or difficulties specific to telecommunications networks external to customers.

Partial invalidity
If one or more provisions of these General Terms and Conditions are held to be invalid or declared as such under a law, regulation, or following a final decision of a competent court, the remaining provisions shall retain their full force and scope.

Applicable law
These General Terms and Conditions are governed by French law.
In the event of a dispute between the professional and the Customer, the parties will endeavor to find an amicable solution.
Failing an amicable agreement, the Customer may refer the matter free of charge to the consumer mediator to which the professional belongs, namely AME CONSO, within one year from the written complaint sent to the professional.
Referral to the consumer mediator may be made:

• by completing the form provided for this purpose on the AME CONSO website: www.mediationconso-ame.com;

• or by mail addressed to AME CONSO, 11 Place Dauphine – 75001 PARIS.