Terms of Sale

These General Terms and Conditions of Sale are those of the company Kamad reworked SARL, registered with the Paris Trade and Companies Register under number 901085639, whose intra-community VAT number is FR 13901085639 and whose registered office is at 15 avenue marthe 91390 Morsang-sur-orge, France.

2. Scope and acceptance of the General Conditions of Sale

The purchase of Products offered on the website www.kamad.fr (hereinafter the “Site”) is subject to these general conditions of sale of the Site (hereinafter the “GTC”).

KAMAD may update these T&Cs at any time.

The Customer can read the version of the GTC in force at any time by clicking on our site.

The GCS in force at the time of the conclusion of the sales contract are those which are binding on the Customer.

In addition, with each purchase of Products on the Site, the Customer will be asked to confirm acceptance of these GCS in force on the date of placing his order. The said T&Cs can be viewed when he is asked to confirm that he accepts them. To materialize this acceptance, the Customer must tick the box “I have read and accept the General Conditions of Sale of the kamad.fr site”.

3. Terms of Order

Any order placed on the Site implies express acceptance of the GCS and implies acceptance of the prices and Products available for sale on the Site.

* Order Process

The Customer who wishes to place an order must follow the following procedure:

1. Choice of Product: the Customer must select the Product he wishes to order.

2. Verification of the contents of the Customer's selection: the Customer verifies the contents of his basket while retaining the possibility of deleting the Products he has selected.

3. Identification: the Customer must create an account by completing the identification form made available to him and indicating the information requested (mandatory information: title, surname, first name or company name, address, e-mail, password , phone number for delivery).

4. Verification of the Customer's order: the customer verifies the content of his order, the total price, the delivery and billing addresses while retaining the possibility of deleting a Product or modifying the billing and delivery address. The Customer validates his method of delivery and payment. The Customer must confirm his acceptance of these T&Cs by ticking the corresponding box. Validation of the order is only possible after checking this box. After this step, the Customer can no longer modify and/or cancel his order.

5. Acknowledgment of receipt of the order: the Customer receives an e-mail summarizing the content of his order, namely:

– their delivery and billing addresses

– the number of his order

– the date of the order

– the list of Products ordered and their amounts

– the delivery method (address provided by the Customer or “relay point”)

The Customer is advised to keep and print this document, official proof of his order. The order is then recorded and processed by KAMAD, which checks the availability of the Product(s) ordered. Any order placed implies acceptance of the prices and descriptions of the Products available for sale.

6. Confirmation of the dispatch of the order: the Customer receives an e-mail summarizing the content of his order and confirming the dispatch. The contract is deemed to be concluded on the date of sending this e-mail.

* Order tracking

A tracking number of the carrier is communicated to the Customer when his order is validated.
If the Customer wishes to obtain information concerning the follow-up of his order, he can connect to the website of the carrier chosen by KAMAD, eg: colissimo and follow the delivery of his package directly. The Customer also receives information by e-mail concerning the various stages of the process of processing and preparing his order until it is dispatched.

4. Availability of Products

KAMAD's Product offers and prices are valid as long as they are visible on the Site, within the limits of available stocks.

Errors or modifications may exceptionally exist, in particular in the case of simultaneous orders for the same Product by several Customers.

In the event that a Product is unavailable after placing an order, KAMAD will inform the Customer by e-mail or telephone as soon as possible, offering him either to order another Product presented on the Site as a replacement, or to cancel his order free of charge.

KAMAD incurs no liability in the event of out of stock or unavailability of Products for orders not yet accepted by KAMAD

KAMAD reserves the right to change the Products offered on the Site at any time and without notice.

While every effort is made to ensure that the color and pattern of the Products whose photos are displayed on the Site are faithful to the original Products, variations may occur, in particular due to the technical limitations of color rendering on the computer equipment of the Customer. Consequently, KAMAD cannot be held liable for non-substantial errors or inaccuracies in the photographs or graphic representations of the Products appearing on the Site.

KAMAD reserves the right not to accept an order from a Customer with whom it is in dispute for a previous order, or if KAMAD reasonably believes that this Customer has violated these T&Cs or that he has engaged in an activity fraudulent, or for any other legitimate reason.

5. Price

The prices of the Products are indicated in Euros with also the possibility of a choice of payment in currencies US Dollar, Pound Sterling, Canadian Dollar, Australian Dollar, Yuan, Yen, Won, Russian Ruble (on the basis of a daily conversion via the converter used for the Site), all taxes included and excluding any customs fees for orders outside the EU, which remain the responsibility of the Customer. Apart from the cases of reimbursement made (i) within the framework of the exercise of the right of withdrawal or for (ii) lack of conformity and hidden defects, KAMAD will not reimburse the VAT applied to purchases made on the Site (even in the case where the buyer, after receipt, reships the Products to a country outside the European Union).

KAMAD reserves the right to modify the prices of the Products offered on the Site at any time and without notice.

The Products are invoiced on the basis of the prices displayed on the Site at the time the order is placed, subject to the availability of the Products ordered at that time.

All orders are payable in Euros and must be paid for immediately upon placing the order.

In the event of the unavailability of certain Products ordered (see Article 4 “Availability of Products”), only the price and transport costs relating to the available Products will be debited.

*Payment terms

By credit card (Visa, CB, Mastercard, American Express): Payment is made on the secure site of the KAMAS partner banking institution.

By payment application: via Paypal, Apple pay (mobile) and Android pay (mobile).

This implies that no banking information concerning the Customer passes through the site. www.kamad.fr

The payment is therefore secured by the partners in charge of managing the financial transactions.

The order will thus be recorded and validated upon acceptance of payment by the banking service.

6. Retention of Title

The Products ordered remain the property of KAMAD until full payment has been received by KAMAD. On the other hand, the Customer assumes the risks (in particular of loss, theft or deterioration) concerning the Products delivered from the moment they are delivered to the address indicated during the order.

7. Terms of delivery

The amount of preparation and shipping costs depends on the country and the total amount of the order. KAMAD cannot be held responsible for any action and/or costs and/or taxes (which are the Customer's responsibility) and/or delays due to customs services over which it has no control.

For all Products, the order is prepared for departure from the KAMAD workshop within a maximum period of 20 working days from the confirmation of the order by e-mail. 

Exceeding the estimated delivery time indicated cannot give rise to any cancellation of the order, to any reduction in the price paid by the buyer and to any payment in respect of damages, it being specified that in certain particular cases the deadlines indicated above above can be longer.  If the order reaches a certain volume, KAMAD may send them to the Customer in several deliveries and/or several packages.

The Customer must check the conformity of the Products delivered at the time of delivery and before signing the carrier's delivery note. He must indicate on this delivery note and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damaged Product, etc.). This verification is considered to have been carried out once the Customer, or a person of his choice, has signed the delivery slip. No claim on the condition of the package(s) delivered will then be admissible. In the event of reservations on the delivery, the Customer must also confirm them to the carrier no later than 3 working days following receipt of the item(s) and send a copy of this letter to KAMAD by email at the address support@kamad.fr with confirmation by registered letter.

In the event of an incomplete address, incorrect address, refusal of the package by the recipient or lack of information resulting in the impossibility of delivering the Product to the recipient on time, KAMAD cannot be held responsible for the final quality. of this delivery. If this lack of information leads to a second presentation to the recipient, JKAMAD will be entitled to ask the Customer for the costs corresponding to this second delivery. The Customer is subject to the carrier's general delivery conditions which, in certain cases, if he does not comply with them, may impact the quality of the delivery.

Thus, in the event of absence of the recipient, according to the general conditions of delivery of the carrier, the product can be presented again and/or deposited in an agreed relay point and/or in front of the Customer's domicile and/or in a "sorting - waiting" by the carrier and/or returned to KAMAD, which cannot be held responsible for any theft, loss, damage to the Products in connection with their delivery and, in general, for the final quality of the delivery .

In the event of an impossibility of delivery and if the product was then returned to KAMAD by the carrier, KAMAD will not make a new delivery.

Any complaint concerning the delivery of the Products must be made within 14 working days of receipt of the item(s) under the same conditions as mentioned above. If it is decided that the product(s) must be returned to KAMAD, they must be returned in their original condition (packaging, accessories, etc.) and according to the following shipping conditions. The Customer must first contact customer service via email: support@kamad.fr in order to obtain an explanation of the return. No package will be accepted without an order number. This number must be written in a marker legibly on the package. 

8. Right to retract

In accordance with articles L. 121-16 and following of the Consumer Code, the Customer has a period of 14 days from the day of delivery of the product purchased on the Site to notify customer service of the desire to return the Product.

For any return, the Customer must contact customer service via email: support@kamad.fr to inform him of his decision to use his right of withdrawal. Any package returned beyond the announced deadlines will be refused and returned to the sender. No package returned against reimbursement will be accepted, whatever the reason. 

For customer service to accept the exchange and/or refund, the Product must be returned complete in its original packaging, undamaged, with its tag attached, or worn.

KAMAD cannot be held responsible for cases of loss, theft or damage to the package.

Parcels for which the identification of the Customer (surname, first name, address and return code) will not be possible, will be refused.

All returns must be made by a traceable method (UPS, FEDEX, DHL, Colissmo, chrono post, etc.) and the tracking number must be communicated to KAMAD.

KAMAD, in the event of regular exercise of this right by the Customer, will reimburse the latter for the sums paid by him corresponding to the acquisition of the returned Product(s) (therefore excluding any customs fees and ports which are the responsibility of the buyer), by bank transfer to the account used with the payment card addressed to the name of the Customer.

KAMAD does not undertake to reimburse standard delivery costs including package tracking. 

9. Legal guarantees

The Products sold by KAMAD are subject to the conditions of legal guarantees provided for by articles L.217-4 to L.217-14 of the Consumer Code as well as by articles 1641 to 1648 of the Civil Code, to the exclusion of all other guarantees:

KAMAD will refuse any claim relating to Products which have been used improperly.

Any complaint concerning the Products as such and unrelated to the delivery must be made by email to the address support@kamad.fr followed by written confirmation sent by registered letter with acknowledgment of receipt.

*Legal guarantee of conformity:

KAMAD will deliver to the Customer a Product that is in conformity with the contract and free from defects of conformity when the said Product is delivered, in the sense that the Product will be specific to the use usually expected of a similar good and that it will present the characteristics presented during sales. 

*Legal guarantee against hidden defects:

KAMAD will provide the Customer with a Product free of hidden defects which would render it unfit for the use for which it was intended, or which would so diminish this use, that he would not have acquired it, or would have given only a lesser price, if he had known them.

These guarantees will only come into play on the condition that the Customer makes the request within 8 days  from the delivery of the Product (for the legal guarantee of conformity) or the discovery of the defect (for the legal guarantee of hidden defects).

In the event of recognized non-compliance on a Product sold by KAMAD, the Customer may choose between repairing and replacing the Product.

In the event of a recognized hidden defect on a Product sold by KAMAD, the Customer will have the option of returning the Product and having the price refunded.

In all cases, it will be up to the Customer to prove that he fulfills the conditions of the guarantee.

The return, replacement or reimbursement of the Product will take place at no cost to the Customer.

10. After-sales service and availability of spare parts

Any technically repairable Product benefits from a paid after-sales service. For any repair request, the Customer will contact customer service directly by email: support@kamad.fr

In accordance with Article L 111-3 al 1 of the Consumer Code, KAMAD confirms that no period of availability of spare parts essential for the use of the Products is guaranteed. KAMAD will nevertheless make its best efforts to satisfy its Customers in the event of a request for one or more spare parts.

11. Limitation of liability

Under no circumstances can KAMAD be held liable for any damage that does not result from a breach by KAMAD of one of its obligations.

12. Personal data

When the Customer registers on the Website www.kamad.fr,  KAMAD collects his personal information (personal data, e-mail address, gender, etc.) through the registration form in order to offer him the services accessible in the restricted access areas of KAMAD. The information of personal information concerning him is essential for the processing and delivery of his orders.

The ordering process on the Website www.kamad.fr requires the creation of a Customer account in which his information is stored and protected by a password that the Customer will choose. This information is strictly confidential and is intended for KAMAD exclusively. They will be processed in strict compliance with the provisions of the Law "Informatique et Libertés" n ° 78-17 of January 6, 1978 and Regulation (EU) 2016/679, general regulation on data protection.

As such, KAMAD undertakes in particular to (i) guarantee the confidentiality of personal data processed in this context by implementing the appropriate security measures in its field of activity, (ii) ensure that that the persons authorized to process the personal data hereunder undertake to respect confidentiality or are subject to an appropriate legal obligation of confidentiality and receive the necessary training in the protection of personal data, and (iii ) that its possible subcontractors respect the legal obligations on behalf of and according to the instructions of KAMAD.

At any time, the Customer has the right to access, modify, rectify and delete data concerning him. To exercise this right, he can make a request to KAMAD by email at the address support@kamad.fr Subject to validation by an "opt-in" from the customer, personal information (personal data, e-mail address, gender, etc.) may also be used by KAMAD and/or its partners for commercial purposes such as sending newsletter or solicitations.

The Site, to better meet the needs of the Customer and the personalized ones, makes use of cookies. The purpose of the cookie is to signal your visit to the Site.

13. Intellectual property

All documents, text information, graphics, images, photographs or any other content disseminated on the Website www.kamad.fr are the exclusive property of KAMAD. Consequently, they may not be reproduced, exploited or used in any capacity whatsoever without the express authorization of the publication director.

KAMAD is the holder of all the intellectual property rights (with the exception of the moral rights of the authors) relating to the Products and to the trademarks and distinctive signs under which the Products are marketed.

The Customer unreservedly recognizes as such the intellectual property of KAMAD and undertakes not to infringe it in any way whatsoever. More specifically, the Customer expressly agrees not to manufacture, sell, license or market in any way whatsoever, directly or through a third party, for its profit or for the profit of a third parties, the Products, imitations or reproductions of the Products or the intellectual property rights relating to the Products and brands belonging to KAMAD.

14. force majeure

"Force majeure" means all external, irresistible and unforeseeable circumstances, beyond the reasonable control of the party following a case of force majeure.

In the event that KAMAD is prevented or delayed by a case of force majeure in the performance of its commitments, KAMAD undertakes to inform the Customer thereof within 96 hours, specifying the precise elements constituting the force majeure, the reasonably foreseeable duration delay or impediment.

15. Applicable law – Disputes

These General Conditions of Sale are governed and interpreted in accordance with French law. The language of this contract is French.

In the event of a dispute, the French courts will have sole jurisdiction. However, in application of EC Regulation 593/2008 of June 17, 2008, these GCS do not prevent the application of a provision more favorable to the Customer, from which there can be no derogation by agreement, and this by virtue of the law of the country where the Customer has his habitual residence.

In the event of a dispute relating to the application and/or interpretation of these general terms and conditions of sale, the Customer has the possibility of resorting to a conventional mediation procedure or to any other procedure for alternative dispute resolution. In accordance with order no. 2015-1033 of August 20, 2015 and implementing decree no. 2015-1382 of October 30, 2015, any so-called consumer dispute or litigation, subject to article L.612-2 of the Consumer Code may be the subject of an amicable settlement by mediation with the CMAP – Center for Mediation and Arbitration of Paris. To submit a dispute to the mediator, the Client can (i) complete the form on the CMAP website: www.cmap.fr tab “you are: a consumer” (ii) send your request by ordinary or registered mail to CMAP Médiation Consumption, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or (iii) send an email to consumption@cmap.fr. Whatever the means used to enter the CMAP, the Customer's request must contain the following elements in order to be processed quickly: his postal, email and telephone details as well as the full name and address of Kamad, a brief statement of the facts, and proof of prior procedures with KAMAD.

Notwithstanding the foregoing, in the event of a dispute, and in accordance with Regulation No. 1215/2012 of December 12, 2012:

- the Customer can seize either the court of his domicile, or the French courts,

– KAMAD may seize the court of the Customer's place of residence.

CONTACT INFORMATION: Questions regarding the Terms and Conditions of Sale and Use should be sent to us at pro@kamad.fr