Terms and conditions of use

Terms of Sales

Between Réusit / Kamakys under the number SIREN 432 741 767, represented by Mr. Ludovic PIRAUX Project leader,  beneficiary of a CAPE - Business project support contract with the Reusit Association, corner of the ZI N ° 2 road , rue Benoîte BOULARD 97410 Saint-Pierre (Reunion Island)

duly authorized for the purposes hereof.

KAMAKYS can be reached by email by clicking on the contact form accessible via the home page of the site.

Hereinafter “kreolys.com” or “KAMAKYS”.

Firstly,

And the natural or legal person purchasing products or services on www.kreolys.com,

Hereinafter, "the Buyer", or "the Customer"

On the other hand,

The following was stated and agreed:

PREAMBLE

KAMAKYS publishes retail products for consumers, marketed through its website https://kreolys.com. The list and description of the goods offered by kreolys.com can be consulted on the aforementioned site.

Article 1: object 

These General Conditions of Sale determine the rights and obligations of the parties within the framework of the online sale of Products or Services offered by kreolys.com.

Article 2: General provisions 

These General Conditions of Sale (GTC) govern the sales of Products or Services, made through the websites of kreolys.com, and are an integral part of the Contract between the Buyer and kreolys.com. They are fully enforceable against the Buyer who accepted them before placing an order.

kreolys.com reserves the right to modify these conditions at any time by publishing a new version on its website. The GTC then applicable are those in force on the date of payment (or the first payment in the event of multiple payments) for the order.

kreolys.com also ensures that their acceptance is clear and unreserved by setting up a checkbox and a validation click. The Customer declares to have read all of these General Conditions of Sale, and where applicable the Special Conditions of Sale related to a product or a service (Available on the product sheets), and to accept them without restriction or reservation. .

The Customer acknowledges that he has received the advice and information necessary to ensure that the offer meets his needs.

The Customer declares to be of legal age, to be over eighteen (18) years of age, to understand the French language, to be responsible for his actions and able to legally contract under French law or validly represent the natural or legal person for whom he is 'engage.

Unless proven otherwise, the information recorded by kreolys.com constitutes proof of all transactions.

Article 3: Price 

The prices of the products sold through the Internet sites are indicated in euros all taxes included on the product order page, and excluding specific shipping costs as the case may be. For all products shipped outside the European Union and / or DOM-TOM, the price is calculated automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights are not the responsibility of Kreolys.com. They will be the responsibility of the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). kreolys.com therefore invites the buyer to find out about these aspects from the corresponding local authorities. kreolys.com reserves the right to modify its prices at any time for the future. The telecommunications costs necessary to access the kreolys.com websites are the responsibility of the Customer. If applicable, also the delivery costs.

Article 4: Conclusion of the contract online 

In accordance with the provisions of article 1127-1 of the Civil Code, the Customer must follow a series of steps to conclude the contract electronically in order to be able to place his order: - Information on the essential characteristics of the Product; - Choice of the Product, if applicable, of its options - Indication of the essential contact details of the Customer (identification, email, address, etc.); - Acceptance of these General Conditions of Sale - Verification of the elements of the order (formality of double click and validation of order with obligation of payment) and, if necessary, correction of errors. Before proceeding with its confirmation, the Buyer has the possibility to check the details of his order, its price, and to correct any errors, or to cancel his order. Confirmation of the order with the obligation to pay shall constitute the formation of this contract. - Then follow the instructions for payment, payment for the products, then delivery of the order. The Customer will receive confirmation by email of payment for the order, as well as an acknowledgment of receipt of the order confirming it. He will receive in his customer area on the site, a copy of the invoice in .pdf.

During the ordering process, the customer will have a space to specify any comments. The language proposed for the conclusion of the contract is the French language.

Order summaries are sent by email to the buyer when ordering and archived on the Kreolys.com website.

The archiving of commercial exchanges, the order, the details of the order, as well as the invoices is carried out on a reliable and durable medium in order to constitute a faithful and durable copy in accordance with the provisions of article 1360 of the civil code. This information can be produced as proof of the contract.

For the delivered products, delivery will be made to the address indicated by the Customer (a different address can be created for invoicing). The Customer undertakes to provide truthful identification elements. kreolys.com reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.

Article 5: Products and services 

The essential characteristics of the goods, services and their respective prices are made available to the purchaser on the "product" sheets of the kreolys.com website, as well as, where applicable, the mode of use of the product. In accordance with article L112-1 of the Consumer Code, the consumer is informed of the prices and special conditions of the sale and of the execution of the services on the “product” sheets before any conclusion of the sales contract. In all cases, the total amount owed by the Buyer is indicated on the order confirmation page. The selling price of the product is that in force indicated on the day of the order, this one including the shipping costs invoiced at the end of the order. These possible costs are indicated to the Buyer during the sales process, and in any event at the time of order confirmation. kreolys.com reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order. When the products or services are not executed immediately, clear information is given on the product presentation page as to the delivery dates of the products or services. The customer certifies having received a detail of the delivery costs as well as the terms of payment, delivery and execution of the contract, as well as detailed information relating to the identity of kreolys.com, its postal, telephone and electronic contact details. , and its activities in the context of this sale. kreolys. com undertakes to honor the Customer's order within the limit of stocks of available Products only. Otherwise, kreolys.com informs the Customer; if the order has been placed, and in the absence of agreement with the Customer on a new delivery date, kreolys.com will reimburse the customer.

The contractual information is presented in detail and in French. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the offer of the Products as well as their prices is specified on the KAMAKYS websites, as well as the minimum duration of the contracts offered when these relate to a continuous or periodic supply of products or services. Unless there are special conditions, the rights granted hereunder are granted only to the natural person signing the order (or the person holding the email address provided).

Customer Service can be reached from Monday to Friday from 10 a.m. to 4 p.m. at (+262) 693 477 472 (mainland France - cost of a call to the overseas departments depending on the operators), via the WHATSAPP application: (+262) 693 477 472 (Free) or 7/7 days by e-mail at contact@kreolys.com

Article 6: Compliance

In accordance with article L.411-1 of the Consumer Code, the products and services offered for sale through these GTCS meet the requirements in force relating to the safety and health of persons, the loyalty of commercial transactions and consumer protection. Regardless of any commercial warranty, kreolys.com remains liable for any lack of conformity and hidden defects in the product.

In accordance with article L.217-4, kreolys.com delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.

In accordance with the legal provisions regarding conformity and hidden defects (art. 1641 c. Civ.), Kreolys.com reimburses or exchanges defective products or products that do not correspond to the order. The refund can be requested as follows: Form in the Customer area or  contact@kreolys.com  within 14 days of delivery.

Article 7: Retention of title clause 

The products remain the property of kreolys.com until full payment of the price.

Article 8: Terms of delivery

The products are delivered to the delivery address which was indicated when ordering and within the deadlines indicated below. These times do not take into account the time taken to prepare the order. When the Customer orders several products at the same time, they may have different delivery times depending on the preparation times. In the event of late delivery, the Customer has the option of terminating the contract under the terms and conditions defined in Article L 216-2 of the Consumer Code. kreolys.com then proceeds to reimburse the product and the "go" costs under the conditions of the provisions of articles L216-3 and L241-4 of the Consumer Code. kreolys.com provides a telephone contact point (Call rates to Reunion Island depending on the operator - privilege What ' s App) in order to follow up on the order. kreolys.com reminds that when the Customer takes physical possession of the products, the risks of loss or damage to the products are transferred to him. It is the Customer's responsibility to notify the carrier of any reservations regarding the product delivered. Note that in the event of non-delivery, ACDP KAMAKYS will ask for this reason only, a sworn statement from the customer in order to be able to initiate the procedures and prosecution of carriers and delivery services.

Packages are generally shipped within 2 to 5 working days (MONDAY and / or SATURDAY) after receipt of payment (Order processing time). They are shipped according to the storage location in our warehouses in Reunion Island, Mauritius or mainland France with a tracking number and delivered without signature between 2 to 15 days depending on the destination. Whatever the delivery method, we will send you a link to track your package online.

Shipping costs include preparation and packaging costs as well as postage. We recommend that you consolidate all of your items into one order. We cannot combine two orders placed separately.

Customs clearance:
At the time of his purchase, the Customer buys the product duty free and becomes importer of the product purchased in his capacity as recipient of the Product.
He is therefore in particular responsible for the process of importing and clearing the product through local customs offices. Depending on the price of his order, he may be asked to pay customs duties (for Products with a customs value greater than € 150).
The Customer is solely responsible for the customs duty declaration process during customs clearance of the Product. These customs duties, which are not invoiced to the Customer by ACDP KAMAKYS, are not the responsibility of ACDP KAMAKYS. The latter can therefore not be held liable for the reimbursement of these rights.

Article 9: Availability and presentation 

When a product is no longer in stock but the "Pre-order is authorized", an additional time for processing your order is indicated, which corresponds to the time it takes for the supplier to go to our storage room. Then we proceed to shipments as indicated on the product sheets.

If an item is unavailable for a period exceeding 10 working days, you will be immediately notified of the foreseeable delivery times and the order for this item may be canceled on request. The Customer may then request a credit for the amount of the item or its full refund and the cancellation of the order.

Article 10: payment 

Payment is due immediately upon ordering (mandatory), including for pre-ordered products. The Customer can make the payment by payment card or Paypal account. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by bank card is made by our payment provider PAYPAL. The information transmitted is encrypted according to the rules of the art and cannot be read during transport on the network because the transaction is carried out on the official website of Paypal. Once the payment has been initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing their banking information during the sale, the Customer authorizes Paypal to debit their card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or in the event that it is impossible to debit the card, the Sale is immediately terminated automatically and the order canceled.

Article 11: withdrawal period 

In accordance with the provisions of Article L 221-5 of the Consumer Code, the Buyer has the right to withdraw without giving any reason, within a legal period of fourteen (14) days from the date of receipt. The right of withdrawal can be exercised by contacting KAMAKYS as follows: Form in the Customer area or contact@kreolys.com. We inform Customers that in accordance with the provisions of Articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal cannot be exercised for food or rapidly perishable products. In case of exercise of the right of withdrawal within the aforementioned period, the price of the product (s) purchased and the shipping costs will be reimbursed, the return costs remaining the responsibility of the Customer. Product returns are to be made in their original condition and complete (packaging, accessories, instructions, etc.); if possible, they should be accompanied by a copy of the proof of purchase. In accordance with legal provisions, you will find in your Customer account the standard withdrawal form to complete and return the item (s) to us. After validation of the after-sales service, the reimbursement procedure will be carried out upon receipt of the order within a period of fourteen (14) days by the paypal services.

Site procedure: 

1 - Your article does not suit you? you can contact our customer service (by e-mail at contact@kreolys.com) to obtain the return procedure to follow or connect to your "customer account" and use the form.

2- Return the product in perfect condition, undamaged, in its original packaging and, if applicable, accompanied by all its accessories.

3 - Upon receipt of the return of your item, you will be notified by return e-mail that your package has been received. kreolys.com undertakes to reimburse you for the amount of your order within 14 days. The refund will be made including shipping costs and depending on the payment method used when ordering or by bank transfer (a RIB / IBAN will be required). The return costs remain the responsibility of the Customer.

We remind you that if the item is returned incomplete or damaged to Kréolys / Kamakys, a discount in its price will be applied according to the diagnosis made by the After Sales Service. Kamakys will justify the application of this discount by communicating a document drawn up by its After-Sales Service. New accessories (webcam, bags, USB keys ...) must be returned in their still sealed packaging, otherwise, no exchange or refund can be claimed.

However, the right of withdrawal  does not apply to  the following purchases:

  • Goods or services whose price depends on fluctuations in financial market rates, which may occur during the withdrawal period (example: purchase of gold)

  • Goods made to your request or clearly personalized, the manufacture of which requires special adaptations to meet very specific technical and aesthetic requirements (for example, furniture or clothing made to measure). The choice of options (color, finish, etc.) in the ranges of standard elements offered by the professional does not sufficiently modify the nature or destination of the goods, to make them clearly personal

  • Goods that can deteriorate or perish quickly, except food products with a date of minimum durability (MDD)

  • Goods that you have opened that are not returnable for reasons of hygiene or health protection (for example, sealed cosmetics, underwear sold in closed sachets)

  • Goods inseparable from other items (for example, remote control for a television)

  • Digital content provided on an intangible medium and contract of subscription to these services, the execution of which has started with your agreement and for which you have waived your right of withdrawal (for example, a downloaded film)

  • Services fully executed before the end of the withdrawal period and whose execution has started with your agreement or your express request. A service can be considered as executed if you have made a reservation (for example, parking space), but you have not taken advantage of the service and this, without cancellation. For example, if you have reserved a parking space for September 20 but have not used it, you will not be able to use your right of withdrawal on September 21

  • Supply of alcoholic beverages whose delivery is deferred beyond 30 days and whose value depends on financial market rates (for example, grands crus reserved before harvest)

  • CDs, DVDs, or computer software that you have opened

  • Supply of newspapers, periodicals or magazines, except in the case of a subscription contract

  • Urgent maintenance or repair work carried out at your home and at your request, within the limit of spare parts and work necessary for the strict repair. Thus, the replacement or installation of equipment which is unrelated to the failure or which goes beyond repair is subject to the exercise of the right of withdrawal. For example, you install an armored door on the occasion of an intervention request for a door opening

  • Concluded at a public auction. In the absence  of an adjudication , electronic brokerage transactions (intervention of a third party in the description of the property and the conclusion of the sale) are subject to the right of withdrawal.

  • Accommodation service (hotel, campsite ...), transport (people, goods, moving), car rental, catering or leisure activities provided on a date or according to a determined periodicity (show ticket. ..). The sale of gift vouchers or vouchers for welfare services with a validity period of 1 year does not come under the exception to the right of withdrawal.

Article 12: Guarantees 

In accordance with the law, kreolys.com assumes the guarantees of conformity and relating to hidden defects in the products. kreolys.com reimburses the buyer or exchanges products apparently defective or not corresponding to the order made.

Article 13: Complaints and mediation 

If applicable, the Purchaser may submit any complaint by contacting KAMAKYS using the following contact details: contact@kamakys.com

In accordance with the provisions of art. L. 611-1 to L. 616-3 of the Consumer Code, the consumer is informed that he may have recourse to a consumer mediator under the conditions provided for by Title I of Book VI of the Consumer Code.

In the event of failure of the complaint request to Kreolys.com customer service, or in the absence of a response within two months, the consumer may submit the dispute to a mediator who will independently attempt to reconcile the parties with a view to obtaining an amicable solution.

Article 14: termination of the contract

The order can be resolved by the buyer by registered letter with acknowledgment of receipt in the following cases: - delivery of a product that does not comply with the characteristics of the order; - delivery exceeding the deadline set when ordering or, failing a date, within fourteen days of payment; - unjustified price increase or product modification. In these cases, the buyer may demand the reimbursement of the deposit paid plus interest calculated at the legal rate from the date of receipt of the deposit.

Article 15: Intellectual property rights 

Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of Kreolys.com. No transfer of intellectual property rights is carried out through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.

Article 16: Force majeure 

The performance of Kreolys.com's obligations at the end of the present contract is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent its performance (Example: health crisis increasing delivery times). kreolys.com will notify the customer of the occurrence of such an event as soon as possible.

Article 17: Nullity and modification of the contract 

If one of the stipulations of this contract were canceled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is only valid after a written agreement signed by the parties.

Article 18: Protection of personal data 

In accordance with Regulation 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, kreolys.com sets up a processing of personal data which has for the purpose of selling and delivering the products and services defined in this contract. The Purchaser is informed of the following: the identity and contact details of the data controller (DPO) and, where applicable, of the data controller representative: kreolys.com, as indicated at the top of these GTC; - the contact details of the data protection officer: Ludovic Piraux - the legal basis of the processing: contractual execution - the recipients or categories of recipients of the personal data, if they exist: or the right to oppose the processing and the right to data portability - The data subject has the right to lodge a complaint with a supervisory authority - the information requested when ordering is necessary for the establishment of the invoice (legal obligation) and the delivery of the goods ordered, otherwise the order cannot be placed. No automated decision-making or profiling is implemented through the ordering process.

In accordance with the general data protection regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 and article 32 of the "Informatique et Libertés" law of January 6, 1978 amended in 2004 , you are informed that :

  • the person in charge of the file is the editor of this site, the contact details of which are specified in the legal notices. The purpose of processing this data is to be able to contact you and to personalize telephone or e-mail exchanges as part of our "Customer Management".

  • These data will be kept for 10 years from the last legal act.

  • You have the right to access, rectify or erase your personal data that you can request from me by email or post.

  • You have the right to request that the processing of your personal data be restricted.

  • You have the right to object to the processing of your personal data and the right to the portability of your data (in this case, your account will be deleted because the sellers will not be able to fulfill your orders).

  • You can withdraw your consent to the processing of your personal data at any time by writing to us by email or postal letter.

  • You can lodge a complaint with the CNIL (CNIL website: www.cnil.fr) if you believe that the protection of your personal data has not been ensured in the processing of your file.

The information collected on this site is recorded in a computerized file by KAMAKYS for Customer Relationship Management. contact@kreolys.com

Article 18: Applicable law and clauses 

All the clauses appearing in these general conditions of sale, as well as all the purchase and sale operations referred to therein, will be subject to French law.

The nullity of a contractual clause does not entail the nullity of these general conditions of sale.

Article 19: Consumer information

For consumer information purposes, the provisions of the Civil Code and the Consumer Code are reproduced below:

Aricle 1641 of the Civil Code: kreolys.com is bound by the guarantee due to the hidden defects of the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have it. not acquired, or would have given a lower price, if he had known them.

Aricle 1648 of the Civil Code: The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, under penalty of foreclosure, within one year of the date on which kreolys.com can be released from apparent defects or lack of conformity.

Article L. 217-4 of the Consumer Code: kreolys.com delivers goods in accordance with the contract and is liable for any lack of conformity existing at the time of delivery when this was charged to it by the contract or was carried out under its responsibility.

Article L. 217-5 of the Consumer Code: The good complies with the contract: 1 ° If it is suitable for the use usually expected of a similar good and, where applicable:

  • if it corresponds to the description given by kreolys.com and has the qualities that it presented to the buyer in the form of a sample or model;

  • if it has the qualities that a buyer can legitimately expect given the public statements made by kreolys.com, by the producer or by his representative, in particular in advertising or labeling; 2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of kreolys.com and which the latter has accepted.

Article L. 217-12 of the Consumer Code: The action resulting from the lack of conformity lapses two years after delivery of the goods.

Article L. 217-16 of the Consumer Code: When the buyer requests from kreolys.com, during the course of the commercial guarantee granted to him during the acquisition or repair of movable property, a repair covered by the warranty, any downtime of at least seven days is added to the warranty period that remained to run. This period runs from the buyer's request for intervention or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.