Terms of sale
OVERVIEW
These General Terms and Conditions of Sale and Use (T&Cs) govern the use of this website, as well as the orders and sales made through it, namely Kaya Archives. By accessing our website kayaarchives.com and using our services, you agree to these terms in their entirety.
On this site, the terms “we”, “us” and “our” refer to Kaya Archives. Kaya Archives offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting this site and/or purchasing one of our products, you engage in our “Service” and agree to be bound by the following terms (“General Terms and Conditions of Sale”, “General Terms and Conditions of Sale and Use”, “Terms”), including any additional terms, conditions, and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Any new features or tools added to the store in the future shall also be subject to these Terms. You may review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify.com. They provide us with the e-commerce platform that allows us to sell our products to you.
Seller’s contact details :
Kaya Archives
Registered with the Trade and Companies Register of Aix-en-Provence under number 979673423
20 PLACE PRÉFET DE MORANT 13540 PUYRICARD
Email: kayaarchives@gmail.com
ARTICLE 1 – CONDITIONS OF USE OF OUR ONLINE STORE
By agreeing to these Terms, you represent that you are at least the age of majority in your country, state, or province of residence, and that you have given us your consent to allow any minor under your responsibility to use this website.
You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms, viruses, or any code of a destructive nature.
Any breach or violation of these Terms will result in an immediate termination of your Services.
ARTICLE 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone at any time for any reason.
You understand that your content (excluding credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission from us.
Headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ARTICLE 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information is not necessarily current and is provided for reference only. We reserve the right to modify the content of this site at any time, but we have no obligation to update any information. You agree that it is your responsibility to monitor changes to our site.
ARTICLE 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.
We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
Kaya Archives reserves the right to change its prices at any time, it being understood that the price listed at the time of the order shall be the only price applicable to the customer.
Prices displayed do not include shipping costs, which will be charged where applicable and specified to the customer before final validation of the order.
Full payment must be made at the time of ordering. Under no circumstances may amounts paid be considered deposits or down payments.
To benefit from a promotional code offering a discount on the entire order or on a product, the customer must enter the code provided by the seller at the end of the checkout process, after completing all required steps.
ARTICLE 5 – PRODUCTS OR SERVICES (IF APPLICABLE)
Our products are available exclusively online through our website. These products may be available in limited quantities and are subject to return or exchange only in accordance with our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit sales of our products or services to any person, geographic region, or jurisdiction, on a case-by-case basis. We reserve the right to limit quantities of any products or services offered. All product descriptions and prices are subject to change at any time without notice, at our sole discretion. Any offer is void where prohibited by law.
We do not guarantee that the quality of any products purchased will meet your expectations, or that any errors in the Service will be corrected.
ARTICLE 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address.
If we make a change to or cancel an order, we may attempt to notify you via the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address and credit card details, so we can complete your transactions and contact you as needed.
For more details, please review our Return Policy.
ARTICLE 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control or input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties or conditions of any kind. We shall have no liability arising from or relating to your use of optional third-party tools.
Any use of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party providers.
New features and/or services added to the site in the future will also be subject to these Terms.
ARTICLE 8 – THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites not affiliated with us. We are not responsible for examining or evaluating their content or accuracy and we do not warrant and will not have any liability for any third-party materials, websites, products, or services.
We are not liable for any damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with third-party websites. Please review third-party policies carefully before engaging in any transaction.
ARTICLE 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send submissions (whether at our request or not), including creative ideas, suggestions, proposals, plans, or other materials (“comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use them in any medium.
We are under no obligation (1) to maintain comments in confidence; (2) to pay compensation; or (3) to respond.
You agree that your comments will not violate any third-party rights or contain unlawful, abusive, or malicious content. You are solely responsible for your comments and their accuracy.
ARTICLE 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
ARTICLE 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, delivery times, or availability.
We reserve the right to correct errors, update information, or cancel orders if any information is inaccurate, at any time without prior notice (including after you have submitted your order).
ARTICLE 12 – PROHIBITED USES
You are prohibited from using the site or its content for any unlawful purpose, to violate laws or regulations, to infringe intellectual property rights, to harass or discriminate, to submit false information, to upload malicious code, to collect personal data of others, or to interfere with security features.
We reserve the right to terminate your use of the Service for violating any prohibited uses.
ARTICLE 13 – INTELLECTUAL PROPERTY
All content on this site, including texts, images, logos, and graphics, is protected by intellectual property rights. Any unauthorized reproduction or use is strictly prohibited and may result in legal action.
ARTICLE 14 – SELLER’S LIABILITY – WARRANTIES
The Products provided by the Seller benefit:
• from the legal guarantee of conformity, for defective, damaged or harmed products or not corresponding to the order,
• from the legal guarantee against hidden defects coming from a defect of material, design or manufacture affecting the delivered products and making them unfit for use,
Provisions relating to legal warranties:
Article L217-4 of the Consumer Code
“The seller is required to deliver goods in conformity with the contract and is liable for conformity defects existing at the time of delivery. He is also liable for conformity defects resulting from packaging, assembly instructions or installation when it has been made his responsibility by the contract or has been carried out under his responsibility.”
Article L217-5 of the Consumer Code
“The goods are in conformity with the contract:
1° If they are fit for the usual use expected of similar goods and, where applicable:
• if they correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
• if they present the qualities that a buyer can legitimately expect in view of public statements made by the seller, by the producer or by his representative, notably in advertising or labeling;
2° Or if they present the characteristics defined by mutual agreement between the parties or are fit for any special use sought by the buyer, made known to the seller and that the seller accepted.”
Article L217-12 of the Consumer Code
“The action resulting from lack of conformity is time-barred after two years from the delivery of the goods.”
Article 1641 of the Civil Code
“The seller is bound by the warranty on account of hidden defects of the sold thing that render it unfit for the use for which it is intended, or that so reduce this use that the buyer would not have acquired it, or would have given only a lower price, if he had known them.”
Article 1648 paragraph 1 of the Civil Code
“The action resulting from redhibitory defects must be brought by the buyer within a period of two years from the discovery of the defect.”
Article L217-16 of the Consumer Code
“When the buyer asks the seller, during the course of the commercial warranty that was granted to him during the acquisition or the repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the duration of the warranty that remained to run. This period runs from the buyer’s request for intervention or from the making available for repair of the good concerned, if this making available is later than the request for intervention.”
In order to assert his rights, the Customer must inform the Seller, in writing (email or letter), of the non-conformity of the Products or of the existence of hidden defects from their discovery.
The Seller will reimburse, replace or have repaired the Products or parts under warranty judged non-conforming or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate and return costs will be reimbursed upon presentation of supporting documents.
Refunds, replacements or repairs of Products judged non-conforming or defective will be carried out as soon as possible and at the latest within 30 days following the confirmation by the Seller of the lack of conformity or the hidden defect. This refund may be made by bank transfer.
The Seller’s liability cannot be engaged in the following cases :
• non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to verify,
• in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear of the Product, accident or force majeure.
• The photographs and graphics presented on the site are not contractual and cannot engage the Seller’s liability.
The Seller’s warranty is, in any event, limited to replacement or reimbursement of Products not conforming or affected by a defect.
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Some offered products are made in an artisanal manner and entirely by hand. As such, they may present slight variations or irregularities from one item to another, notably regarding cuts, hammering, the setting of eyelets, stitching, quilting, embroidery, dyeing or leather finishes, as well as slight marks related to the assembly of jewelry (for example during the handling of charms or clasps).
These particularities, inherent to manual work and to the unique nature of each creation, do not constitute conformity defects, as long as the product remains in conformity with its description and with the expected use.
ARTICLE 15 – MODIFICATIONS TO THE TERMS
You can consult the most recent version of the General Terms and Conditions of Sale and Use at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these General Terms and Conditions of Sale and Use by publishing the updates and the changes on our site. It is your responsibility to visit our site regularly to check whether changes have been made. Your continued use of or your access to our site after the publication of any modification made to these General Terms and Conditions of Sale and Use constitutes acceptance of these modifications.
ARTICLE 16.1 – RETURNS
We hope that your order will bring you full satisfaction. However, if you wish to make a return, you have a period of 14 days from the date of delivery to request an exchange or a refund.
RETURN CONDITIONS
• Items must be new, not worn, not washed, not used, in their original packaging with the label intact
• Any return not respecting these conditions will be refused.
PROCEDURE
1 - Contact us at the following address: kayaarchives@gmail.com to register your return request.
2 - Wait for our confirmation by e-mail before proceeding with the sending.
3 - Fill in the return form that will be sent to you, then slip it into your package.
4 - Return your item within 14 days after receipt, accompanied by your invoice, via La Poste.
Without prior confirmation from us, no return can be accepted.
RETURN FEES
• Return costs are at the customer’s expense.
• Initial delivery costs are not refundable, except in case of an error on our part.
REFUND TIMEFRAMES
Once your return received and checked, the refund will be made within 3 to 10 business days.
You will receive a notification by e-mail as soon as your refund is initiated.
IMPORTANT NOTES
• After the period of 14 days following receipt of the parcel, no return will be accepted.
• From the acceptance of the return, the customer has 14 additional days to resend the parcel. After this period, no return will be accepted.
• Items returned without prior validation will have to be resent at your expense.
For any question, our customer service is at your disposal: kayaarchives@gmail.com
ARTICLE 16.2 – CUSTOM PRODUCTS – EXCLUSION OF WITHDRAWAL RIGHT
In accordance with Article L221-28 of the French Consumer Code, the right of withdrawal does not apply to custom-made or personalized products.
Custom-made items (including personalized notebooks, jewelry, engravings, embroidered items, specific finishes or color choices) are non-refundable and non-exchangeable.
This exclusion does not apply in cases of non-conformity or hidden defects under applicable law.
Artisanal characteristics described in Article 14 do not constitute defects.
ARTICLE 17 – DELIVERY
Products are shipped to the address provided by the customer. We are not responsible for delays or delivery failures due to incorrect or incomplete addresses.
Delivery times vary depending on shipping method and destination.
Processing times may vary depending on the products ordered.
For personalized items, an additional preparation time of a few days may be required due to their made-to-order production.
Please note that these timeframes may be extended during exceptional periods (high demand, end-of-year holidays, etc.).
The Customer must check the condition of the parcel upon receipt. Any claim must be sent promptly to kayaarchives@gmail.com with photos (inside and outside packaging), order number, full name, and product references.
We reserve the right to refuse claims without sufficient evidence.
The Seller remains responsible for products until actual delivery to the Customer.
In case of loss, theft, or damage before receipt, we will reship or refund after verification with the carrier.
Once delivery is confirmed by the carrier, the Customer must report any issue within a reasonable timeframe.
FREE SHIPPING OFFER
Free shipping is not available in all countries. It only applies to selected destinations and for orders over €100. Eligible countries and the corresponding carriers are listed below.
- France : via Chronopost and Mondial Relay
- Monaco : via Chronopost and Mondial Relay
- Belgium : via Chronopost and Mondial Relay
- Luxembourg : via Chronopost and Mondial Relay
- Italy : via Chronopost and Mondial Relay
- Sapin : via Chronopost and Mondial Relay
- Portugal : via Mondial Relay
- Germany : via Chronopost
- Netherlands : via Chronopost and Mondial Relay
ARTICLE 18 – GIFT CARD
The electronic gift card is valid only on the website kayaarchives.com and for the duration indicated at the time of purchase. It cannot, under any circumstances, be exchanged, refunded, converted into cash, or give rise to any change being issued, even partially.
The gift card can be used once or multiple times, within the limit of its available balance.
