ARTICLE 1 – GENERALITIES :
The products of the brand KALIOS are the property of the company CHORIO SAS, with a share capital of 5000 euros, whose head office is located at 22 rue Truffaut 75017 Paris, registered in the R.C.S of Paris under the SIRET N° 53252444400033 – VAT N° FR2853254444 – APE 4638B hereafter “CHORIO SAS”. These General Terms and Conditions of Sale (hereinafter “GTC”) apply exclusively to all sales by CHORIO SAS of products or services made to any individual or legal entity acting for the satisfaction of his personal needs or acting within the framework of his professional or commercial activity (hereinafter “Customer”). All other conditions are binding on CHORIO SAS only after written confirmation from it. Any document other than the present Terms and Conditions of Sale and in particular catalogs, advertisements, price lists, handwritten notes are for information and guidance only and are non-contractual and as such may be modified by CHORIO SAS without prior notice. At the time of placing an order, the customer acknowledges having read and accepted without reservation these general terms and conditions of sale.
ARTICLE 2 – PRICES :
The prices of our products are indicated on the site in euros including all taxes (all taxes included) except participation in the expenses of treatment and forwarding. CHORIO SAS reserves the right to modify its prices at any time. When an order is placed, the products will be invoiced on the basis of the prices in force at the time of the validation of the order. The products remain the property of CHORIO SAS until full payment of the price.
ARTICLE 3 – PROCESSING AND SHIPPING COSTS:
Products are delivered to the delivery address indicated during the ordering process. Deliveries in France are made by an adapted carrier. No minimum order amount is required but a fee of :
8 euros for Metropolitan France (excluding Corsica)
12 euros for Belgium
25 euros for Corsica
will be invoiced for any order below the carriage paid conditions. Deliveries are made carriage paid for any shipment of an amount exceeding 50 euros in Metropolitan France (excluding Corsica) and 70 euros in Belgium.
ARTICLE 4 – PLACING OF ORDERS :
On the Internet: http://www.mykalios.com / Contractual information is presented in French and is the subject of a confirmation including this contractual information at the latest at the time of your order validation.
ARTICLE 5 – VALIDATION OF ORDERS :
The minimum order is fixed at 20€.
Validation by the Customer
You declare that you have read and accepted these Terms and Conditions of Sale before placing your order. The validation of your order is thus worth acceptance of these Terms and Conditions of Sale. For orders placed directly on our website or by telephone if you have left us an email address, you will receive an email confirming your order.
Unless proven otherwise, the data recorded by CHORIO SAS constitutes proof of all transactions between CHORIO SAS and its customers.
Validation by CHORIO SAS
Upon receipt of orders, CHORIO SAS ensures the consistency of the data communicated. As part of its policy against fraudulent payments, CHORIO SAS reserves the right to conduct any necessary investigation before validating an order. This may include, in particular, the request for proof of address or the request for the details of your bank agency. When such a procedure is launched, the validation of the order is suspended. If the order is not validated within 14 days, the order will be cancelled and the sums paid refunded. This period may be extended if documents are being exchanged between the customer and CHORIO SAS.
ARTICLE 6 – AVAILABILITY :
Our offers of products are valid as long as they are visible on the site, within the limit of available stocks. In the event of unavailability of a product after placing your order (stock error, breakage of a product), we will inform you by email or telephone. We will then offer you the refund of the missing product(s) by credit card or Paypal within 14 working days at the latest from the customer’s decision, either by check or by bank transfer.
ARTICLE 7 – DELIVERY :
The products are delivered to the delivery address that you have indicated during the ordering process. Deliveries are made by a carrier adapted and selected by CHORIO SAS.
For payments by credit card or Paypal, orders are shipped within 5 days following their online validation.
ARTICLE 8 – DELIVERY TIMES :
The delivery times indicated here are valid under normal conditions of service and for shipments made by our usual carriers.
If the processing of your order (in particular because of the weight of the packages) required a special routing solution, the delivery times would be specified when you order. If you are not satisfied with these times, you will have the possibility to cancel your order. In the same way in the event of strike of the road carriers, (more generally of any social disturbance), or of climatic incidents, the delivery times could be lengthened. These times are for deliveries in Metropolitan France, for working days, excluding problems of postal delivery and depending on product availability.
ARTICLE 9 – DELIVERY DEADLINES :
The delivery times indicated in article 8 are the delivery times usually observed. We undertake to deliver orders to France: within 15 days maximum following receipt of payment.
ARTICLE 10 – PAYMENT :
The payment of your purchases is carried out cash:
– or on our website by credit card: Visa, MasterCard, Carte Bleue, Masterpass. Payments are secured by the Mercanet solution in liaison with our bank BNP PARIBAS.
– or by Paypal
No term of payment is granted and orders are not sent until the payment has been received and cashed.
Discount codes are applicable only on the value of the products, which must be at least equal to the value of the voucher and cannot concern the shipping costs. This offer is not cumulative. Discount codes are not retroactive and cannot be applied once the order has been placed. The discount codes that give the benefit of the products offered are valid within the limits of available stock. Discount codes are valid until their expiration date.
ARTICLE 10 bis – USE OF GIFT CARDS :
The Kalios gift card that you received is single-use, non-securable, non-exchangeable and non-refundable. The validity period of the Gift Card is 12 months.
Kalios Gift Cards cannot be transferred, exchanged for cash or used to redeem a new Kalios Gift Card on mykalios.com. They allow you to order on the Kalios e-shop without restriction of article (except Gift Card) within the limit of available stock.
Kalios Gift Cards cannot be taken back, exchanged, sold or resold.
To be able to use the credit corresponding to your Kalios Gift Card, you must enter the code appearing on your Gift Card in the “Gift Card” field located in your Shopping Cart. You can pay the eventual difference between the amount of the Gift Card and the price of your order by any of the proposed payment methods.
ARTICLE 11 – COMPLAINTS AND AFTER-SALES SERVICE:
Period of retractation
You have a period of 14 working days from receipt of your products to exercise your right of withdrawal from CHORIO SAS without having to justify your reasons or pay a penalty.
In case of exercise of the right of withdrawal within the above-mentioned period, we ask you to contact us at co******@******os.com. We will reimburse you for the product(s) concerned within a maximum period of 14 days from the date of the return request. Shipping and return costs are at the expense of the buyer. The means of return is at the choice of the customer. Returns are to be made in their original condition and complete (packaging, accessories, instructions …) Return address : CHORIO SAS – 103 rue Charles Michels, 93200 Saint-Denis. We cannot accept returns of products that have been opened or whose packaging has been damaged. No return or product replacement will be accepted for fresh products or for all products after expiration of the use-by date. If these products are nevertheless returned, they will not be accepted.
Parcels delivered out of time
In the event of failure to meet the delivery deadlines, the customer has the possibility of cancelling the contract and can request reimbursement of the products ordered as well as the shipping costs. CHORIO SAS will inform the customer as soon as possible of any delay and undertakes to reimburse the entire order (products and shipping costs) to the customer in case of packages delivered outside the deadline.
Return of parcel
In case of return of package, the address provided by the customer was wrong or the package was put in pending. The carrier will return the package to us. We will notify you as soon as possible. A second shipment can be made against payment by the customer of a flat fee of 12 euros. If the customer prefers to cancel his order, it will be refunded excluding shipping costs.
Lost parcels / not arrived
In the event of loss of a package (the carrier misplaced the package during transport and the customer was never delivered), CHORIO SAS undertakes to send a second package at its expense.
Defective or damaged products
CHORIO SAS will carry out all useful checks and will, if necessary, ask the customer for any information or useful photos. Following this, CHORIO SAS will be able to answer favourably or unfavourably to the customer’s requests. If the answer is favorable, we undertake to reimburse you or to exchange the apparently defective, damaged or damaged products (the re-shipment is at the expense of CHORIO SAS).
In this case, we thank you to contact co******@******os.com to describe precisely the problem encountered. No return or product replacement will be accepted after a period of 14 working days following the date of receipt of your claim.
Errors in order preparation
For any order preparation errors, please contact us at co******@******os.com to describe precisely the problem encountered.
CHORIO SAS will proceed to all useful verifications and will ask the customer for any information or useful pictures if necessary. Following this, CHORIO SAS will be able to answer favourably or unfavourably to the customer’s requests. If the answer is favorable: if necessary, CHORIO SAS will ask for the return at its expense of products sent by mistake.
ARTICLE 12 – REIMBURSEMENT :
Refunds of Products in the hypotheses referred to in Article 10 shall be made as soon as possible and at the latest within 14 days following the date on which the right was exercised.
ARTICLE 13 – APPLICABLE LAW – LITIGATION :
This contract is subject to French law. The language of this contract is the French language. In case of dispute, the French courts will have exclusive jurisdiction.
ARTICLE 14 – RIGHT OF ACCESS AND RECTIFICATION :
You have a right of access and rectification on all data concerning you in accordance with the law defined by the Commission National Informatique et Liberté (CNIL). It is also brought to the attention of the users of the www.mykalios.com website that CHORIO SAS transmits non-personal data to an authorized Third Party (Google, …) through the use of third party cookies in order to collect and use navigation data of the users of the www.mykalios.com website. These authorized third parties use the browsing data of the users of the site www.mykalios.com in accordance with the provisions of the Data Protection Act amended by the Act of 06 August 2004 and in accordance with its Privacy Policy.
ARTICLE 15 – RESERVATION OF OWNERSHIP :
All elements of the www.mykalios.com website are and remain the exclusive intellectual property of CHORIO SAS. No one is authorized to reproduce, exploit, distribute or use for any purpose whatsoever and even partially elements of the site whether software, visual or sound. Any simple link or hypertext link is strictly forbidden without a written agreement from CHORIO SAS.
ARTICLE 16 – OPPOSITION TO TELEPHONE SOLICITATION:
In accordance with article L223-2 of the French Consumer Code, you have the possibility of registering on an opposition list to telephone solicitation such as Bloctel or any other specialized company.
ARTICLE 18 – PERSONAL DATA :
CHORIO SAS pays particular attention to the protection of personal data of each customer user of the site and is committed to ensuring the best level of protection.
To deliver its service, CHORIO SAS collects personal data of visitors to its website https://mykalios.com.
CHORIO SAS, as Data Controller, undertakes to comply with the provisions of the regulations of Law No. 78-17 of January 6, 1978 relating to computers, files and freedoms, and European Regulation 2016/79 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data (RGPD).
The General Data Protection Regulation (GDPR), which entered into force on May 25, 2018, aims to strengthen citizens’ rights and give them more control over the use of their personal data.
For any additional information on the protection of personal data, any user may consult the site of the National Commission for Information Technology and Civil Liberties at the following address: www.cnil.fr.
What is the purpose of the personal data collected?
CHORIO SAS is only authorized to use its customers’ personal data if it has a valid legal basis. KALIOS must ensure that it has one or more of the following legal bases:
The execution of a contract (e.g. to process and send an order), or when the customer has given his consent to the collection of data.
CHORIO SAS only uses and communicates your personal information for the purposes for which you provided it to us, as defined at the time of collection or via your subsequent consent, including :
– Management of orders and sales of products and provision of services; management of complaints, withdrawals and product returns ;
– Carrying out transactions, including payment transactions;
– Dealing with customer service;
– Evaluating and improving products and services and the user experience (including developing new products and services, analyzing the customer base; performing data analysis, accounting and auditing), profiling ;
– Sending newsletters and special offers on the condition that the user ticks the box(es) expressing acceptance, provided for this purpose, when placing an order.
– Setting up of contests and advertising
– Analysis of website visits and their frequencies, audience measurements, studies, statistics, surveys (cookies) and improving the user experience on the website
How long is the data kept?
Unless otherwise required by law, CHORIO SAS complies with the retention periods recommended by the CNIL.
The retention periods are as follows:
– Prospect data (person who has never purchased) are kept 3 years after the last contact from the prospect.
– Customer data are kept for 3 years after the last purchase.
– Cookies for audience measurement, targeted advertising and sharing to social networks are deposited on the customer’s terminal for a period of 13 months.
What are your rights to the data and which rights can be exercised?
Pursuant to Articles 15 to 22 of Regulation 2016/679 of April 27, 2016, any individual whose data has been collected has the right to exercise the following rights :
– A right of access
– A right of rectification
– The right to object to the processing of his data and to have his data deleted
– A right of opposition to profiling
– A right to limitation of treatment
– A right to portability of one’s data
When CHORIO SAS detects a violation of personal data likely to create a high risk for the Customer’s rights and freedoms, the Customer will be informed of this violation as soon as possible.
The Customer is also entitled to withdraw his consent at any time.
How to exercise them?
These rights can be exercised with the company CHORIO SAS which has collected the personal data in the following way:
– By post, by writing to the following address: CHORIO SAS – 15 bis rue Palouzié France.
– By electronic means, at the following address: co*****@******os.com
The request must indicate the surname, first name, postal address, email address, and if possible the customer reference; and must be accompanied by proof of identity.
CHORIO SAS will send a reply within 1 month after the right has been exercised. In certain cases, due to the complexity of the request or the number of requests, this deadline may be extended by 2 months.
These rights may in certain cases provided for by the regulations be subject to exceptions.
To whom is the data transmitted?
– Chorio SAS and its partners
Your data may be processed by technical service providers (IT, hosting, email distribution, maintenance, online payment provider etc.), which are located within the European Union.
– Non-partner third parties
CHORIO SAS undertakes not to transfer or sell your personal data to third parties who are not partners. We do not communicate any personal data to agencies or companies for marketing or commercial purposes.
We may from time to time place links on our site to other websites and applications operated by third parties. You expressly agree that your use of the site is at your own risk and sole responsibility. Insofar as the company CHORIO SAS cannot control these external sites and sources, it cannot be held responsible for the availability of these external sites and sources, and declines all responsibility for the content, advertising, products, services or any other material available on or from these external sites or sources. Furthermore, CHORIO SAS cannot be held responsible for any damage or loss, whether proven or alleged, consecutive or related to the use or the fact of having trusted the contents, goods or services available on these external sites or sources.
We strongly encourage you to consult the conditions and privacy policies of any third party websites and applications before using their sites.
What are the rules relating to commercial prospecting?
CHORIO SAS uses your contact information to send you targeted advertising, in particular by email, postal mail, on social networks or third party websites.
CHORIO SAS complies with the rules laid down by directive 2002/58/EC of July 12, 2002, which provides for the prior express consent of the customer for the sending of commercial canvassing by electronic means (email or SMS). Thus, when you place an order on the site, you are asked for your consent to receive the CHORIO SAS newsletter by email.
CHORIO SAS will not send you personalized solicitations by email or sms if you have not given your consent. There is an exception when the Customer, without having given his prior consent, can however be canvassed if he is already a customer of the company CHORIO SAS and the purpose of the canvassing is to offer similar products or services.
In all cases, the Customer has the possibility to oppose the receipt of these solicitations by carrying out the following actions:
– When placing an order, do not tick the box related to the reception of commercial offers and canvassing;
– For the email, by clicking on the unsubscribe link provided in each email;
– By contacting customer service at co*****@******os.com
CHORIO SAS has the possibility to contact you by phone to offer you offers on products or services. If you do not wish to be solicited, you have the possibility to register on the list of opposition to telephone solicitation accessible on the website www.bloctel.gouv.fr.
What is a cookie and what is it used for?
Cookies are used to facilitate navigation on the Site and to streamline registration or audience measurement procedures. Cookies are text files placed on your computer’s hard drive by a web page server. Your computer is probably configured to accept cookies. However, you can change this setting to refuse them and Marlette suggests that you do so if you are concerned about the use of cookies.
When you visit the Site, to search, read or download information, CHORIO SAS collects and keeps certain “visitor information” about you, such as the name of the domain and host computer from which you go on the Internet, its Internet Protocol (IP) address, the date and time of navigation on the Site and the URLs from which you came to the Site. CHORIO SAS uses this last information to analyze and measure the use of the Site in order to help make it more useful. CHORIO SAS destroys this information after a certain period of time. If you do not want CHORIO SAS to collect this type of information, please do not browse the Site.
What are web beacons used for?
Certain web pages of the Site may contain web beacons that allow to count the number of visitors to the Site and/or to provide CHORIO SAS with a certain number of indicators.
These web beacons may be used with some of our partners, in particular in order to measure and improve the effectiveness of the Site.
In any event, the information obtained via these tags is strictly anonymous and simply allows us to gather statistics on the frequentation of certain pages of the Site, in order to better serve the Clients of our Site.
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