Terms and conditions of sale
Effective from 01/11/2022
ARTICLE 1 - Scope of application
These General Terms and Conditions of Sale ("GTCS") apply, without restriction or reservation, to all sales concluded by the Vendor with non-professional purchasers ("Customers or the Customer"), wishing to acquire the products offered for sale on the www.sarbakane.fr website. The Products offered for sale on the site are as follows: Indoor huts, Wooden toys.
The main characteristics of the Products, and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the www.sarbakane.fr website, which the customer is obliged to read before ordering.
The choice and purchase of a Product are the sole responsibility of the Customer.
Product offers are subject to availability, as specified when the order is placed.
These terms and conditions are available at any time on the www.sarbakane.fr website and shall prevail over any other document.
The customer declares that he/she has read and accepted these terms and conditions of sale by ticking the appropriate box before placing an order online at www.sarbakane.fr.
In the absence of proof to the contrary, the data recorded in the Vendor's computer system constitutes proof of all transactions concluded with the Customer.
The Seller's contact details are as follows:
KERLUNA SAS, 20 av de la Belle Gabrielle, 94130, Nogent-sur-Marne - Registered with the RCS of CRETEIL, under SIRET number 953 210 598 00017.
Email : contact@sarbakane.fr
ARTICLE 2 - Prices
The Products are supplied at the prices in force on the www.sarbakane.fr website, at the time the order is registered by the Vendor. Prices are expressed in Euros. These prices are firm and non-revisable, but the Vendor reserves the right to modify prices at any time.
Prices do not include processing, shipping, transport and delivery charges, which are invoiced in addition, under the conditions indicated on the site and calculated according to the carrier and shipping address chosen by the customer. The payment requested from the customer corresponds to the total amount of the purchase, including these costs.
An invoice is drawn up by the Vendor and given to the Customer on request after delivery of the products.
ARTICLE 3 - Orders
It is the customer's responsibility to select the Products they wish to order on the www.sarbakane.fr website, as follows:the customer chooses a product, adds it to their basket, which they can then add to, modify or empty. Once the basket has been put together, the customer creates an account, enters their address and delivery method (home delivery or drop-off), a means of payment, and validates their order.
The sale will not be considered valid until full payment has been received. It is the Customer's responsibility to check the accuracy of the order and to report any errors immediately. Any order placed on the www.sarbakane.fr website constitutes the formation of a distance contract between the Customer and the Vendor.
The Vendor 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.
ARTICLE 3 Bis - Customer area - Account
In order to place an order, the Customer is invited to create an account (personal space). To do so, they must register by filling in the form provided at the time of ordering, and undertake to provide truthful and accurate information concerning their civil status and contact details, in particular their e-mail address.
The Customer is responsible for updating the information provided. He/she is informed that he/she can modify it by logging into his/her account.
To access his personal space and order history, the Customer must identify himself using his user name and password, which are strictly personal and will be communicated to him after registration. The Customer agrees not to divulge them to any third party. Should this not be the case, the Customer shall remain solely responsible for any use made thereof.
Customers may also request to be removed from the list by visiting the dedicated page in their personal space or by sending an email to: contact@sarbakane.fr.
The Vendor shall not be held liable for any event due to force majeure resulting in malfunction of the site or server, subject to any interruption or modification in the event of maintenance. The creation of an account implies acceptance of these terms and conditions of sale.
ARTICLE 4 - Terms of payment
The price is paid by secure payment as follows: payment by credit card. The price is payable in full by the Customer on the day the order is placed.
Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider involved in banking transactions on the www.sarbakane.fr website. Payments made by the Customer will not be considered final until the Seller has received the sums due.
The Vendor shall not be obliged to deliver the Products ordered by the Customer if the latter does not pay the price in full in accordance with the above conditions.
ARTICLE 5 - Deliveries
Products ordered by the Customer will be delivered to Metropolitan France or to the following zone(s): Corsica, DOM-TOM, Belgium, Luxembourg, Switzerland.
Deliveries are made within a maximum of 60 days to the address indicated by the Customer when placing an order on the site.
Delivery is constituted by the transfer to the Customer of physical possession of the Product. Except in special cases or when one or more Products are unavailable, the Products ordered will be delivered in a single shipment. The Vendor undertakes to use its best efforts to deliver the Products ordered by the Customer within the time limits specified above.
If the Products ordered have not been delivered within 2 days of the indicative delivery date, for any reason other than force majeure or the fault of the Customer, the sale may be cancelled at the written request of the Customer under the conditions set out in articles L 216-2, L 216-3 and L241-4 of the French Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of cancellation of the contract, to the exclusion of any compensation or deduction.
Deliveries are made by an independent carrier, to the address given by the Customer at the time of ordering and to which the carrier has easy access.
In the event of a specific request from the Customer concerning the packaging or transport conditions of the products ordered, duly accepted in writing by the Vendor, the related costs will be subject to specific additional invoicing, on the basis of an estimate previously accepted in writing by the Customer.
The customer must check the condition of the products delivered. He/she has 10 days from the date of delivery to make a complaint by e-mail to contact@sarbakane.fr, accompanied by all relevant supporting documents (notably photos). Once this period has elapsed, and if these formalities have not been complied with, the Products will be deemed to be in conformity and free from any apparent defect, and no claim will be validly accepted by the Vendor.
The Vendor will reimburse or replace, as soon as possible and at its own expense, any Products delivered which the Customer has duly proved to be lacking in conformity or to have apparent or hidden defects, in accordance with the conditions set out in Articles L 217-4 et seq. of the French Consumer Code and those set out in these GCS.
The transfer of the risks of loss and deterioration relating thereto will only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk.
ARTICLE 6 - Transfer of ownership
The transfer of ownership of the Products from the Vendor to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of said Products.
ARTICLE 7 - Right of withdrawal and returns
According to article L221-18 of the French Consumer Code, "For contracts providing for the regular delivery of goods during a defined period, the time limit runs from receipt of the first good.
The right of withdrawal may be exercised online, using the contact form available on the www.sarbakane.fr website or any other unambiguous statement expressing the wish to withdraw, and in particular by post addressed to the Vendor at the postal or e-mail address indicated in ARTICLE 1 of the GTCS.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) to enable them to be remarketed as new, accompanied by proof of purchase, and within a maximum period of 30 days following receipt of the product by the Customer.
Damaged, soiled or incomplete products cannot be returned.
The customer is responsible for return shipping costs.
Products should be returned to the following address, making sure to include a means of identifying the order (order number, customer name) in the package:
- KERLUNA
- 20 av de la Belle Gabrielle 94130 Nogent-sur-Marne
- France
The exchange (subject to availability) or refund will be made within 14 days of receipt by the Vendor of the Products returned by the Customer under the conditions set out in this article.
ARTICLE 8 - Seller's liability - Warranties
8.1 General warranties under the Consumer Code
Products supplied by the Vendor benefit from :
- the legal guarantee of conformity, for defective, damaged or damaged Products that do not correspond to the order,
- the legal warranty against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use.
In order to assert his rights, the Customer must inform the Vendor, in writing (e-mail or letter), of the non-conformity of the Products or the existence of hidden defects as soon as they are discovered.
The Seller will reimburse, replace or repair Products or parts under warranty that are found to be non-conforming or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate, and return shipping costs will be reimbursed upon presentation of receipts.
Refunds, replacements or repairs of Products found to be non-conforming or defective will be made as soon as possible and at the latest within 30 days of the Seller's finding of the non-conformity or hidden defect. Refunds may be made by bank transfer or cheque.
The Vendor cannot be held liable in the following cases:
- non-compliance with the legislation of the country to which the products are delivered, which it is the Customer's responsibility to check,
- in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure.
- The photographs and graphics presented on the site are not contractual and do not engage the responsibility of the Seller.
The Vendor's warranty is, in any event, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.
8.2 Specific warranties for 1001 Cabanes products
The Seller offers a limited warranty against breakage for 1001 Cabanes wooden structures (rods and connectors). In the event of breakage of several of these components, the Seller will return the same number of components to the Buyer free of charge. This guarantee applies from 1 broken cube or when the number of broken rods exceeds 2 (2 additional rods are already offered in each pack). This warranty does not cover damage caused by abusive, negligent or inappropriate use of the product. To benefit from this warranty, the Purchaser must contact the Vendor either by post, or via the contact form available on the site, or by email to contact@sarbakane.fr, providing proof of purchase and a photo of the damaged parts. This warranty is limited to 10 years from the date of purchase.
ARTICLE 9 - Personal data
The Customer is informed that the collection of his personal data is necessary for the sale of Products by the Vendor and for their transmission to third parties for the purpose of delivering Products. This personal data is collected solely for the purpose of executing the sales contract.
The customer is also informed that the collection of his personal data is also necessary for commercial purposes if the customer has given his explicit consent.
9.1 Collection of personal data
The following personal data are collected on the www.sarbakane.fr website:
When creating a customer/user account: Full name, postal address, telephone number and e-mail address.
9.2 Recipients of personal data
Personal data is reserved for the sole use of the Seller and its employees.
9.3 Data controller
The data controller is the Seller, within the meaning of the French Data Protection Act and as of May 25, 2018 of Regulation 2016/679 on the protection of personal data.
9.4 Limitation of processing
Unless the customer expressly agrees, personal data will not be used for advertising or marketing purposes.
9.5 Data retention period
The Vendor will keep the data thus collected for a period of 5 years, covering the period of prescription of the applicable contractual civil liability.
9.6 Security and confidentiality
The Seller implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment, and the Seller cannot guarantee the security of the transmission or storage of information over the Internet.
9.7 Implementation of customer and user rights
Pursuant to the regulations applicable to personal data, customers and users of the www.sarbakane.fr website may update or delete their personal data as follows bywriting toor emailing contact@sarbakane.fr.
The data controller must respond within a maximum of one month. Any refusal to grant the Customer's request must be justified. The Customer is informed that in the event of refusal, he may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.
The Customer may be asked to tick a box by which he/she agrees to receive informative and advertising e-mails from the Vendor. Customers may withdraw their consent at any time by contacting the Vendor (contact details above) or by following the unsubscribe link.
ARTICLE 10 - Intellectual property
The content of the www.sarbakane.fr website is the property of the Seller and its partners and is protected by French and international intellectual property laws. Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
ARTICLE 11 - Applicable law - Language
These General Terms and Conditions of Sale and the transactions arising from them are governed by and subject to French law.These GCS are written in French. Should they be translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.