General Terms and Conditions of Sale
Article 1 – Definitions
These General Terms and Conditions of Sale (hereinafter the “GTC”) are offered by the company Demers Julie, under number 2280944234 whose registered office is located at 212 rue Jogue, Saint-Lambert-de-Lauzon, G0S 2W0. (hereinafter “Demers Julie”).
Hereinafter:
“Site”: the website “https://www.kangourouunivers.com” and all its pages, exclusive property of the Company.
“Products” or “Services”: all products (materials) and services (benefits) that can be purchased or subscribed to on the Site.
“Seller”: Demers Julie, a legal or natural person, offering its Products or Services on the Site.
“Customer”: the internet user, individual or professional, making a purchase of Product(s) or Service(s) on the Site.
“Consumer”, in accordance with the definition in the preliminary article of the Consumer Code: “any natural person who acts for purposes that do not fall within the scope of their commercial, industrial, artisanal or liberal activity.”
The internet user visiting the Site and interested in the Products and Services offered by the Seller is invited to carefully read these GTC, print them and/or
save them on a durable medium, before placing an order on the Site.
The Customer acknowledges having read the GTC and accepts them in full.
Article 2 – Application of the GTC and purpose of the Site
The Seller reserves the right to modify the GTC at any time by publishing a new version of them on the Site.
The GTC applicable to the Customer are those in force on the day of their order on the Site.
Legal information concerning the host and publisher of the Site, the collection and processing of personal data, and the conditions of use of the Site are provided in the general terms of use, the legal notices, and the data charter of this Site.
This Site offers the online sale of cosmetic waxing products and accessories.
Access to the Site is free and open to all Customers. The acquisition of a Product or Service implies the Customer's acceptance of these GTC in their entirety, thereby acknowledging having full knowledge of them. This acceptance may consist, for example, of the Customer checking the box corresponding to the acceptance phrase of these GTC, for example, stating "I acknowledge having read and accepted all the general terms and conditions of the Site". Checking this box will be deemed to have the same value as a handwritten signature from the Customer.
Acceptance of these GTC implies that Customers have the necessary legal capacity to do so. If the Customer is a minor or does not have this legal capacity, they declare that they have the authorization of a guardian, curator, or their legal representative.
The Customer acknowledges the probative value of the Seller's automatic registration systems and, unless proven otherwise, waives the right to dispute them in the event of a dispute.
Any Order for Products implies the Client's unreserved acceptance and full adherence to these General Terms and Conditions of Sale, which prevail over any other document: catalogs, advertisements, notices, unless expressly agreed otherwise by the Company in advance.
Article 3 – Customer service
The customer service of this Site is accessible by email at the following address: “ contact@kangourouunivers.com “ by form or by postal mail at the address indicated in the legal notices. The Customer must indicate in the e-mail their first name, last name, the subject of their request and their Order number.
For any professional inquiry (partnership, media, contract proposal), the Company can only be reached by e-mail at contact@kangourouunivers.com.
Article 4 – Order subscription methods and purchase process description
The Products and Services offered are those listed in the catalog published on the Site. Each product is accompanied by a description prepared by the Seller based on descriptions provided by the supplier.
The photos on the Site are non-contractual and may vary slightly from the models photographed. These variations are due to the settings of different screens and cameras, product lighting, shooting angle, etc.
Hereinafter, "Cart" refers to the intangible object grouping all the Products or Services selected by the Site Customer for purchase by clicking on these items. To place an order, the Customer chooses the Product(s) they wish to order by adding them to their "Cart", the content of which can be modified at any time.
The order validation date corresponds to the date of effective receipt of the total price including taxes, duly noted.
Article 5 – Price and payment terms
Unless otherwise stated, the prices appearing in the catalog are prices in Euros including all taxes (TTC), taking into account the VAT applicable on the day of the order and excluding any possible participation in processing and shipping costs.
Demers Julie reserves the right to pass on any change in the VAT rate to the price of the Products or Services. The Seller also reserves the right to modify its prices at any time. Nevertheless, the price listed in the catalog on the day of the order will be the only one applicable to the Customer.
The Customer can place an order on this Site and can make payment by Credit Card, Bancontact, Apple Pay or Paypal. Payments by credit card are made through secure transactions provided by an online payment platform provider.
This Site does not have access to any data relating to the Customer's payment methods. Payment is made directly between the bank or the payment provider receiving the Customer's payment. In case of payment by bank transfer, the delivery times defined in the "Deliveries" article of these GTC only begin to run from the actual date of receipt of payment by the Seller, the latter being able to prove this by any means. The availability of Products is indicated on the Site, in the descriptive sheet of each Product.
Demers Julie will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy. Computerized records will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
Article 6 – Deliveries
Delivery costs will be indicated to the Customer before any payment. The Site has no geographical delivery limitation; orders can be shipped anywhere in the world. The delivery times indicated during the order are for informational purposes only and remain dependent on possible delays from postal services or other special cases preventing delivery (demonstrations, bad weather, etc.).
In the event of delivery of a Product outside the territory of the European Union and in the French Overseas Departments and Territories, the Customer declares himself to be the importer of the Product and accepts that in such a case the Seller may be materially unable to provide him with accurate information on the total amount of costs relating to customs duties and formalities or import taxes applicable in the country where the delivery of the Product is requested.
Unless otherwise stated on the Site during the ordering process or in the description of the ordered Products, the Seller undertakes in all cases to deliver the Products within a maximum period of thirty (30) days after the conclusion of the contract with a Consumer Customer.
During a hand delivery, the customer may refuse a package at the time of delivery if they notice an anomaly concerning the delivery (damage, missing Product compared to the delivery note, damaged package, broken Products...); any anomaly must then be imperatively indicated by the Customer on the delivery note, in the form of handwritten reservations, accompanied by the Customer's signature. To exercise their right of refusal, the Customer must open the damaged or defective package(s) in the presence of the carrier and have them take back the damaged goods. During a letterbox delivery, the customer undertakes to immediately check the package and contact Demers Julie support if they notice any anomaly. Failing to comply with these provisions, the Customer will not be able to exercise their right of refusal, and the Seller will not be obliged to accede to the Customer's request to exercise the right of refusal.
If the Customer's package is returned to the Seller by the Post Office or other postal providers, the Seller will contact the Customer upon receipt of the returned package to ask them what to do with their order. If the Customer mistakenly refused the package, they can request its reshipment by first paying the postal charges for the new shipment. Postal charges must be paid even for orders for which shipping costs were free during the initial order.
In case of delivery error or exchange (if the right of withdrawal is applicable, i.e. if the Customer is a Consumer and the contract entered into to acquire the Product or Service allows withdrawal), any product to be exchanged or reimbursed must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from clumsiness or mishandling by the Customer cannot be attributed to the Seller.
Any delay in delivery compared to the date or deadline indicated to the Consumer Customer during their order, or, in the absence of a date or deadline indication during the order, exceeding thirty (30) days from the conclusion of the contract, may lead to the termination of the sale at the initiative of the Consumer Customer, upon written request from them by registered letter with acknowledgment of receipt, if, after having instructed the Seller to make the delivery, the Seller has not complied. The Consumer Customer will then be reimbursed, at the latest within fourteen (14) days following the date on which the contract was terminated, for the totality of the sums paid. This clause is not intended to apply if the delivery delay is due to a case of force majeure.
Special case of a package whose tracking number indicates that it has been "delivered" but not received in the mailbox: if the Customer observes and informs the Seller that the package is not in their mailbox despite its tracking number indicating that it has been "delivered", customer service may request additional information and an official document from La Poste responding to their complaint regarding the corresponding tracking number. The Seller will then make every effort to ensure Customer satisfaction by offering, in particular, the immediate return of the products at its own expense.
Article 7 – Right of withdrawal and withdrawal form
The Consumer Customer has fourteen (14) working days from the date of receipt of the product of their order to withdraw. They will be required to return any product that does not suit them and request an exchange or refund without penalties, with the exception of return shipping costs, within fourteen days from the date of receipt by Demers Julie of the refund request.
The Product must be returned in perfect condition, in its original packaging and unused. The Consumer Customer can find below a standard withdrawal form for an order placed on the Site, to be sent to Demers Julie. It is understood that the Customer will bear the costs of returning the Product in case of withdrawal.
The Customer is advised to return the package using a solution that allows tracking. Otherwise, if the returned package does not reach the Seller, it will not be possible to initiate an investigation with the postal services to request them to locate it.
The refund will be made using the same payment method as that chosen by the Customer for the initial transaction, unless the Customer expressly agrees for the Seller to use another payment method, and provided that the refund does not incur any costs for the Customer.
The Seller also reserves the right to postpone the refund until receipt of the Product or as long as the Customer has not demonstrated that they have shipped the Product, if such a demonstration has not been made previously.
In the event of depreciation of the Products resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product(s), the Customer's liability may be engaged.
In accordance with article L121-17 of the Consumer Code ("Hamon law") of June 2014, the Consumer Customer can find below a standard withdrawal form for an order placed on the site:
Withdrawal Form
(Please complete and return this form only if you wish to withdraw from the contract.)
To:
Demers Julie - 212 rue Jogue Saint-Lambert-de Lauzon, G0S 2W0
I / we (*) hereby notify you of my / our (*) retraction of the contract for the sale of the item below:
Order number:
Last name / First name:
Phone number:
Email address:
Mailing address:
Reason for complaint:
Signature of the Client(s) (only in case of paper notification of this form):
Date:
(*) Delete as appropriate.
Article 8 – Product Warranty
Legal provisions to be reproduced
The legal guarantee of conformity applies independently of any commercial warranty that may be granted.
The consumer may decide to invoke the warranty against hidden defects of the sold item within the meaning of Article 1641 of the Civil Code, unless the seller has stipulated that they shall not be bound by any warranty; in the event of such a warranty being invoked, the buyer has the choice between rescinding the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code. They have a period of two years from the discovery of the defect.
The postponement, suspension or interruption of the limitation period cannot have the effect of extending the extinctive limitation period beyond twenty years from the day the right arose in accordance with Article 2232 of the Civil Code.
All items purchased on this site benefit from the following legal guarantees, provided by the Civil Code;
Legal guarantee of conformity
The Seller is obliged to deliver goods that comply with the contract concluded with the Consumer Client and to be responsible for any defects of conformity existing during the delivery of the Product. The guarantee of conformity may be exercised if a defect existed on the day the Product was taken into possession.
However, it will be up to the Client to prove that the defect did indeed exist at the time the Product was taken into possession.
“In case of lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost clearly disproportionate to the other modality, taking into account the value of the goods or the importance of the defect. They are then obliged to proceed, unless impossible, according to the modality not chosen by the buyer”.
Legal guarantee against hidden defects
In the event of non-conformity of a delivered Product, it may be returned to the Seller who will exchange it. If the Product cannot be exchanged (obsolete Product, out of stock, etc.), the Client will be reimbursed by cheque or bank transfer for the amount of their order. The costs of the exchange or refund procedure (in particular return shipping costs for the Product) are then borne by the Seller.
Article 9 – Liability
The Seller Demers Julie cannot be held responsible for the non-execution of the concluded contract due to the occurrence of a force majeure event. Regarding the purchased Products, the Seller shall not incur any liability for any indirect damages as a result of these presents, loss of operation, loss of profit, damages or expenses, which may arise.
The choice and purchase of a Product or Service are the sole responsibility of the Client. The total or partial inability to use the Products, particularly due to hardware incompatibility, cannot give rise to any compensation, refund or liability of the Seller, except in the case of a proven hidden defect, non-conformity, defectiveness or exercise of the right of withdrawal if applicable, i.e., if the Client is not a Consumer Client and the contract entered into to acquire the Product or Service allows withdrawal, according to Article L 121-21 of the Consumer Code.
The Client expressly acknowledges using the Site at their own risk and under their exclusive responsibility. In any event, Demers Julie can in no case be held responsible for:
The Seller's liability cannot therefore be engaged if the characteristics of the Products differ from the visuals present on the Site or if these are erroneous or incomplete.
Article 10 – Force majeure
In accordance with Article 1218 of the Civil Code, events independent of the will of the parties, which they could not reasonably be expected to foresee, and which they could not reasonably avoid or overcome, to the extent that their occurrence makes the performance of obligations totally impossible, are considered as cases of force majeure or fortuitous events.
The occurrence of a force majeure event will automatically suspend the execution of the Order.
Beyond a period of ninety (90) calendar days, if the parties note the persistence of the force majeure event, the Order may be cancelled by either party, and the sales contract terminated. For this purpose, the most diligent party must send the other a registered letter with acknowledgement of receipt denouncing the said sales contract.
The effective date of termination will be the date of first presentation of the letter. In this event, neither party may claim damages, unless otherwise agreed by both parties.
Article 11 – Intellectual Property Rights
All elements of this Site belong to the Seller or a third-party agent, or are used by the Seller with the authorization of their owners.
All texts, comments, works, illustrations and images, whether visual or audio, reproduced on the Site are protected by copyright, trademark law, image rights and patent law. No one is authorized to reproduce, exploit, redistribute, or use for any purpose whatsoever, even partially, elements of the Site. Any simple or hypertext link is strictly prohibited without the express written consent of the Company. In all cases, any link, even tacitly authorized, must be removed upon simple request from the Company.
Only the use of the Site for private use, subject to different or more restrictive provisions of the Intellectual Property Code, is authorized.
Any total or partial reproduction of the Company's catalog is strictly prohibited. Any other use constitutes counterfeiting and is sanctioned under Intellectual Property law unless prior authorization is granted.
Any reproduction, representation, adaptation of logos, textual, pictorial or video content, without this list being exhaustive, is strictly prohibited and constitutes counterfeiting.
Any Client found guilty of counterfeiting may have their account deleted without notice or compensation and without this deletion constituting damage to them, without prejudice to any subsequent legal proceedings against them, at the initiative of the Seller or their agent.
The trademarks and logos contained on the Site may be registered by Kangourou Univers, or possibly by one of its partners. Any person proceeding with their representations, reproductions, embeddings, distributions and redistributions incurs the penalties provided for in articles L.713-2 et seq. of the Intellectual Property Code.
Article 12 – Processing of personal data
The collected data is processed by the contractual service providers of the Site who are responsible for the packaging and distribution of the ordered Products, as well as by the hosting provider Shopify Inc., whose servers are secured and protected by a firewall.
The collected data is kept by the Company only for the time corresponding to the purposes of the collection mentioned above, which in no case shall exceed five (5) years.
In accordance with Law No. 2018-493 of June 20, 2018, relating to the protection of personal data and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, known as the General Data Protection Regulation (GDPR), the Client has a right of access, modification, rectification, deletion, or opposition for legitimate reasons concerning their data.
The Client can exercise their rights by e-mail to contact@kangourouunivers.com.
Article 13 – User Comments and Other Submissions
If the Client sends ideas, proposals, or other materials, whether online, by email, by mail, or otherwise (collectively, "comments"), at the request of the Company or not, the Client grants the Company the right, at any time, and without restriction, to edit, copy, publish, distribute, translate, and otherwise use and in any medium any comments that the Client sends to it.
The Company is not and shall not be obliged (1) to maintain the confidentiality of comments; (2) to pay compensation to anyone for any comments provided; (3) to respond to comments.
The Company may monitor, edit or remove content that it determines in its sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Sale.
The Client agrees to write comments that do not violate the rights of third parties, including copyrights, trademarks, privacy, personality, or other personal or proprietary rights. The Client agrees not to write comments that contain illegal, defamatory, offensive or obscene content, and that they will not contain computer viruses or other malicious software that could affect the operation of the Site or other associated websites. The Client agrees not to use a false email address, pretend to be someone else, or try to mislead the Company and/or third parties as to the origin of their comments.
The Client is entirely responsible for their published comments and their accuracy. The Company assumes no responsibility and declines all commitment regarding comments published by the Client or any third party.
Article 14 – Independence of clauses
If any provision of the GTC is deemed illegal, void or for any other reason unenforceable, then that provision shall be deemed severable from the GTC and shall not affect the validity and enforceability of the remaining provisions.
These GTCs supersede all prior or contemporaneous written or oral agreements. The GTCs are not assignable, transferable or sublicensable by the Client themselves.
A printed version of the GTCs and of any notices given in electronic form may be requested in judicial or administrative proceedings relating to the GTCs. The parties agree that all correspondence relating to these GTCs must be drafted in French.
Article 15 – Applicable law and mediation
The General Terms and Conditions of Sale are subject to Estonian law.
The Site reserves the right to initiate criminal proceedings against any attempt at fraudulent purchase or purchase with a prohibited or blocked, stolen or falsified bank card. In this context, no amicable conciliation attempt will be accepted.
The fact that a clause in these General Terms and Conditions of Sale becomes null and void shall not call into question the validity of the other stipulations and does not release the Client from the performance of their contractual obligations.
Indemnification
You agree to defend, indemnify and hold the Company, its affiliates, officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, attorneys, suppliers and employees, harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of your use of the website or our products and services, your breach of the Terms or your breach of your acknowledgments, agreements, representations, warranties and obligations hereunder.
National or cross-border disputes that may arise concerning the validity, interpretation, execution or non-execution, interruption or termination of this contract may be submitted to mediation at the Client's request.
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage, a Mediator approved by the Commission for the Evaluation and Control of Consumer Mediation (CECMC), is appointed as Consumer Mediator to facilitate the resolution of disputes between the Company and its Clients, for a period of three (3) years from [01/05/2019].
The European Commission website describes the mediation process used and allows Clients to submit a mediation request online accompanied by supporting documents.
The dispute cannot be examined by the Mediator if:
- the Client has not previously attempted to resolve their dispute directly with the Company through a written complaint,
- the request is manifestly unfounded or abusive,
- the dispute has been previously examined or is currently being examined by another mediator or by a court,
- the consumer submitted their request to the mediator more than one year after their written complaint to the Company,
- the dispute does not fall within their scope of competence.
Mediation is free for the Client. If the Client uses a lawyer, a third party of their choice, or an expert to defend them at any stage of the mediation, they alone will bear the costs.
The Mediator may not receive any instructions from the parties nor be remunerated based on the outcome.
Participation in mediation does not exclude the possibility of recourse to a court. The parties remain free to submit their dispute to a judge within the framework of the applicable legal provisions. In the event of a dispute before a judge, jurisdiction is attributed to the competent Estonian court.
The Site reserves the right to initiate criminal proceedings against any attempt at fraudulent purchase or purchase with a prohibited or blocked bank card, stolen or falsified check. In this context, no attempt at amicable conciliation will be accepted.
The fact that a clause of these General Terms and Conditions of Sale becomes null and unenforceable will not challenge the validity of the other stipulations and will not exempt the Client from fulfilling their contractual obligations.
Parts warranty:
The warranty is limited to 30 days following the date of purchase under normal conditions of use and excluding a breakdown caused by an external factor. Under these conditions, the seller undertakes to replace the defective part.
All rights reserved – 01 July 2022
Article 16: SMS Policy
SMS Policy:
By consenting to SMS marketing from Martin Jonathan at checkout and initiating a purchase or subscribing through our subscription tools, you agree to receive recurring SMS notifications (for your order, including abandoned checkout reminders), SMS marketing offers, and transactional SMS messages, including review requests from us, even if your mobile number is registered on a national or federal Do Not Call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to unsubscribe from receiving SMS marketing messages and notifications, reply STOP to any mobile message sent by us or use the unsubscribe link we provided you in any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless service provider. Message and data rates may apply.
For any questions, please text HELP to the number from which you received the messages. You can also contact us by email at contact@kangourouunivers.com for more information.
We reserve the right to change any phone number or short code we use to operate the service at any time. You will be notified on these occasions. You agree that any messages you send to a phone number or short code that we have changed, including STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in those messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or the service.
Your right to privacy is important to us. You can review our privacy policy: https://DomainName/pages/politique-de-confidentitialite to determine how we collect and use your personal information.