Terms of sale

1. About the company

The Company KAIO DIA SASU, with capital of 10 euros, whose registered office is at LAGRAULET-SAINT-NICOLAS (31480) 12 RUE BERTRAND, registered with the Trade and Companies Register of TOULOUSE under SIRET number 89362889100010 (hereinafter the "Company"). The Company markets the following products to its Customers via its Website: clothing and accessories for diabetics.

2. Preamble

The Company invites Users to read these General Terms and Conditions of Sale and Use (hereinafter the "GTC/UG") carefully. The placing of an Order implies acceptance of the GCS/CGU. The characteristics of the Products are indicated on the Website. It is up to the Customer to take them into account before purchasing. The photographs or graphics presented on the Website are not contractual.

The Customer acknowledges having read them and having accepted them by ticking the box provided for this purpose before placing his Order online.

The GCS/CGU govern the conditions under which the Company sells its Products to its Professional and Consumer Customers via its Internet Site.

They apply to all sales concluded by the Company and apply to any contradictory document, in particular the Customer's general terms and conditions of purchase.

They are systematically communicated to the Customer who requests them.

In the event of a subsequent modification of the GCS/CGU, the Customer is subject to the version in force at the time of his Order.

3. Definitions

"Customer" shall designate the Professional or the Consumer having placed an Order for a Product sold on the Internet Site;

"Order" designates any order placed by the User registered on the present Website;

"General Conditions of Sale and Use" or "GCS/CGU" refers to these general conditions of use and online sales;

"Consumer" refers to the buyer who is a natural person and who is not acting for professional needs and/or outside his professional activity;

"Products" refers to the material things that can be the subject of an appropriation and which are offered for sale on this Site;

"Professional" refers to the buyer, whether a legal entity or a natural person, who is acting within the framework of his professional activity;

"Site" refers to the present Site, i.e. https://kaio-dia.eu/ ;

"Company" refers to the Company Kaio Dia, as more fully described in Article I hereof; and

"User" means any person who uses the Site.

4. Registration

Registration to the Site is open to all legal entities or individuals who have reached the age of majority and enjoy their full legal personality and capacity.

The use of the Site is subject to the registration of a User. Registration is free of charge.

To proceed with registration, the User must fill in all the mandatory fields; otherwise registration cannot be completed.

Users guarantee and declare on their honour that all information communicated on the Site, in particular during their registration, is accurate and compliant. They undertake to update their personal information from the page dedicated to them and available in their account.

All registered Users have a login and a password. The latter are strictly personal and confidential and shall not be communicated to third parties under penalty of deletion of the account of the registered User in breach. Each Registered User is personally responsible for maintaining the confidentiality of his or her login and password. The Company shall in no case be held liable for the impersonation of a User. If a User suspects fraud at any time, he or she should contact the Company as soon as possible so that the Company can take the necessary measures and regularize the situation.

Each User, whether a legal entity or an individual, may only hold one account on the Site.

In the event of non-compliance with the GTC/UGC, in particular the creation of several accounts for a single person or the provision of false information, the Company reserves the right to proceed with the temporary or permanent deletion of all accounts created by the offending User.

The deletion of the account entails the permanent loss of all benefits and services acquired on the Site. However, any Order placed and invoiced by the Site prior to the deletion of the account will be executed under normal conditions.

In the event of deletion of an account by the Company for failure to comply with the duties and obligations set forth in the GCS/CGU, it is strictly forbidden for the offending User to re-register on the Site directly, through another e-mail address or through an intermediary without the express authorization of the Company.

5. Orders

Any Order can be made without registering on the Site. The User can add Products to his virtual basket. He can then access the summary of his virtual basket to confirm the Products he wishes to order and place his Order by pressing the "Order" button.

The Customer must enter an address, a delivery method and a valid payment method in order to finalize the Order and effectively form the sales contract between the Customer and the Company. The finalization of the Order implies the acceptance of the prices of the Products sold, as well as the terms and conditions and delivery times indicated on the Site.

Once the Order has been placed, the User will receive confirmation by e-mail. This confirmation will summarize the Order as well as the relevant delivery information. The placing of an Order shall constitute the conclusion of a distance selling contract between the Company and the Client.

The Company shall be entitled to offer the Client price reductions, discounts and rebates depending on the number of Products available on the Web site or on the regularity of the Orders, in accordance with the conditions set by the Company.

Orders are shipped within 72 hours (excluding holidays and weekends) according to the method chosen by the Customer when ordering, unless otherwise clearly indicated on the store (pre-order period, out-of-stock conditions, etc.). Delivery times are given as an indication and depend on your geographical location. Kaio-Dia could not be retained in case of late delivery. For more information on delivery times, we invite you to consult the website of La Poste.

In the case of an order containing items "in stock" and others "on pre-order", we will wait until all items are available in our stock before proceeding with the shipment of the Order unless the Customer expressly requests otherwise.

6. Products and prices

The Products subject to the GCS/GUCT are those appearing on the Site and which are sold and shipped directly by the Company.

The Products are described on the corresponding page within the Site and mention is made of all their essential characteristics. The sale is made within the limits of the Company's available stocks. The Company cannot be held liable for stock shortages or the impossibility of selling a Product for which there is no stock.

When a Registered User wishes to purchase a Product sold by the Company through the Site, the price indicated on the Product page corresponds to the price in euros, including all taxes (including VAT), excluding shipping costs and taking into account the applicable reductions in force on the day of the Order. The price indicated does not include shipping costs, which will be detailed, if applicable, in the summary before placing the Order. If the total cost of the Products cannot be calculated in advance, the Company shall send the Client a detailed quotation setting out the formula for calculating the price.

Under no circumstances may a User require the application of discounts that are no longer in effect on the date of the Order.

7. Terms of payment

Unless otherwise agreed, all sales shall be paid for in cash at the time the Order is placed.

Depending on the nature or amount of the Order, the Company is free to require a deposit or payment of the full price at the time the Order is placed or upon receipt of the invoice.

Payment can be made according to the methods offered by our payment partner Mollie:

• Credit card via a secure connection
• Paypal
• Belfius Direct Net
• EPS
• Giropay
• iDEAL
• KBC/CBC
• Bancontact
• SOFORT
• Apple Pay

Payment by bank transfer is possible by sending an explicit request to info@kaio-dia.eu .

In the event of total or partial non-payment of the Products on the date agreed on the invoice, the Professional Client shall pay the Company a late payment penalty at a rate equal to the rate applied by the European Central Bank for its refinancing operation plus 10 percentage points.
The financing operation selected is the most recent on the date of the Order for the Services.

In addition to the late payment compensation, any sum, including the deposit, not paid by the Professional Customer on its due date shall automatically give rise to the payment of a fixed compensation of 40 euros due for collection costs.

In the event of total or partial non-payment of the Products on the date agreed on the invoice, the Consumer Client shall pay the Company a late payment penalty at a rate equal to the legal interest rate.

No compensation may be made by the Client between penalties for late delivery of the Products ordered and the sums owed by the Client to the Company for the purchase of Products offered on the Site.

The penalty owed by the Client, Professional or Consumer, is calculated on the amount including VAT of the remaining sum due, and runs from the due date of the price without any prior formal notice being necessary.

8. Delivery

The Products are delivered exclusively in the following geographical areas:

Metropolitan France
Corsica
Overseas
European Continent
North America

The Company undertakes to make all material and human efforts to have the Products delivered as soon as possible. These may vary depending on the Customer's geographical area, the delivery method chosen or the Product ordered.

In the event that the delivery deadline of 7 days is exceeded, except in cases of force majeure, the Client may request the termination of the contract by registered letter with acknowledgement of receipt, after having enjoined the Company, according to the same terms, to make the delivery within a reasonable additional period of time, and if the Company has not done so.

In this case, the Client will be reimbursed within 30 days if payment has already been made.

In the event that delivery is impossible due to an error in the address given by the Client, the Company will contact the Client as soon as possible to obtain a new delivery address and any additional delivery costs will be charged to the Client.

Moreover, the Company cannot be held liable for reasons related to the exceeding of delivery times:

in periods of high demand, such as the Christmas and New Year holiday periods,
for delays caused by reasons of force majeure, i.e. due to the occurrence of an unforeseeable, irresistible event beyond its control,
for facts attributable exclusively to the carrier in charge of delivery.

The delivery is carried out, according to the choice of the Customer and according to the prices indicated on the Site:

to the address indicated by the Customer at the time of his Order by ordinary mail.
to one of our partner points as indicated on the Site. For the withdrawal of the Products, a valid identity document will be required. Failing this, the Products ordered shall not be delivered to the Customer.

A tracked letter indicated as delivered thanks to its tracking number will in no case be eligible for a refund or replacement of the product.

8.1 Duties and Taxes

9. Claim

For all the Orders carried out on the present Site, the Customer has a right of complaint of 2 days as from the delivery of the Product. It is up to him to check the apparent state of the Products at the time of delivery. In the absence of reservations expressly made at the time of delivery, the Products are deemed to conform to the Order.

To exercise this right of complaint, the Customer must send the Company, at info@kaio-dia.eu, a statement in which he expresses his reservations and claims, accompanied by the relevant supporting documents (receipt slip countersigned by the carrier, photographs, etc.).

A claim that does not comply with the conditions described above will not be accepted.

The Company will repair, replace or reimburse the Product or its components as soon as possible and at its expense, subject to the material possibility of repairing the Product or its availability in stock.

10. Right of withdrawal of the Consumer

The Consumer has a right of withdrawal for 14 days from the date of placing the Order, except for the products mentioned in Article L.221-28 of the Consumer Code.

To exercise this right of retraction, the Consumer sends a declaration to the following address: info@kaio-dia.eu.

The Products must be returned in their original packaging and in perfect condition within 7 days from the notification of withdrawal to the Company by the Consumer. The direct costs of return remain at the expense of the Consumer.

The Consumer shall be reimbursed for the totality of the fees paid for placing the Order within 14 days following the Company's acknowledgement of its declaration of withdrawal.

Reimbursement shall be made by the same means of payment as that used at the time of purchase.

11. Transfer of risk and ownership

The Company retains ownership of the Products sold until full payment of the price by the Client. It may therefore repossess the said Products in the event of non-payment. In this case, the down payments made will remain the property of the Company by way of compensation.

For Professional Clients, the transfer of risks to the Client takes place as soon as the Company hands over the goods to the carrier. For Consumer Clients, the transfer of risks takes place upon delivery or upon collection of the goods from the store when the Client has chosen a store delivery.

12. Legal guarantees

The Products sold on the Site are guaranteed in accordance with the legal provisions of the Consumer Code and the Civil Code as reproduced below:

Article L.217-4 of the Consumer Code :
"The seller delivers a good that conforms to the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for defects of conformity resulting from packaging, assembly instructions or installation when the latter was charged to him by the contract or was carried out under his responsibility. ”

Article L.217-5 of the Consumer Code :
"The good is in conformity with the contract:
1° If it is fit for the use usually expected of a similar good and, where appropriate :

if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
if it has the qualities that a buyer may legitimately expect in view of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;

2° Or if it has the characteristics defined by mutual agreement between the parties or if it is suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter".

Article 1641 of the Civil Code :
"The seller is bound by the guarantee at the rate of the hidden defects of the thing sold which make it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lower price, if he had known them.

Any resold Product that has been altered, modified or transformed is not covered by the warranty.

The warranty is limited to the replacement or reimbursement of non-conforming or defective Products. It is excluded in the event of misuse or abnormal use of the Product as well as in the event that the Product does not comply with the legislation of the country in which it is delivered.

The Client must inform the Company of the existence of defects within two years. The Company will rectify the Products deemed defective to the extent possible. If the Company's liability is retained, the warranty is limited to the amount excluding VAT paid by the Consumer for the supply of the Products.

The replacement of the Products shall not extend the duration of the warranty.

13. Modifications

The Company reserves the right to modify the Site, the GCS/CGU as well as any delivery procedure or other element of the services provided by the Company through this Site.

When an Order is placed, the User shall be subject to the provisions set forth in the GCS/CGU in force at the time the Order is placed.

14. Processing of personal data

Registration on the Site entails the processing of the Customer's personal data. If the Customer refuses the processing of his data, he is asked to refrain from using the Site.

This processing of personal data is done in compliance with the General Data Protection Regulations 2016/679 of 27 April 2016.

In addition, in accordance with the French Data Protection Act of January 6, 1978, the Customer has the right to question, access, rectify, modify and oppose all of his personal data at any time by writing, by mail and providing proof of his identity, to the following address: info@kaio-dia.eu.

This personal data is necessary to process his Order and to prepare his invoices, if necessary, as well as to improve the functionalities of the Site.

15. Sharing of collected data

The Site may have recourse to third party companies to carry out certain operations. By browsing the Site, the Customer agrees that third party companies may have access to his data to allow the proper functioning of the Site.

These third party companies have access to the data collected only in the context of the performance of a specific task.

The Site remains responsible for the processing of this data.

In addition, the User may therefore receive information or commercial offers from the Company or its partners.

The User may at any time oppose the receipt of these commercial offers, by writing to the Company's address indicated above, or by clicking on the link provided for this purpose within the emails received.

Moreover, the information of the Clients may be transmitted to third parties without their prior express consent in order to achieve the following goals:

to comply with the law
protect any person from serious bodily harm or death
Fight against fraud or attacks on the Company or its users.
protect the Company's property rights.

16. Data protection

The Company ensures an appropriate level of security, proportional to the risks incurred and their probability, in accordance with the General Data Protection Regulation 2016/679 of April 27, 2016.

However, these measures do not constitute a guarantee and do not commit the Company to any obligation of result regarding data security.

17. Cookies

To enable its Users to benefit from optimal browsing on the Site and better functioning of the various interfaces and applications, the Company may install a cookie on the User's computer. This cookie makes it possible to store information relating to navigation on the Site, as well as any data entered by Users (in particular searches, login, email, password).

The User expressly authorizes the Company to deposit a file called a "cookie" on the User's hard disk.

The User has the possibility of blocking, modifying the storage duration, or deleting this cookie via the interface of his browser. If the systematic deactivation of cookies on the User's browser prevents the User from using certain services or features of the Site, this malfunction shall in no case constitute a damage for the Member, who may not claim any compensation for this fact.

18. Responsibility

The Company cannot be held responsible for the unavailability, whether temporary or permanent, of the Website and although it makes every effort to ensure that the service is always available, it is possible that the service may be interrupted at any time. In addition, the Company reserves the right, by voluntary act, to make the Website unavailable in order to carry out any update, improvement or maintenance operation.

As previously mentioned herein, the Company cannot be held liable for delays in delivery for reasons beyond its control, beyond its control, unpredictable and irresistible or for which it cannot be held responsible.

19. Intellectual Property

The trademark, logo, and graphic charter of this Site are trademarks registered with the INPI and intellectual works protected by copyright, the ownership of which belongs exclusively to the Company. Any dissemination, exploitation, representation, reproduction, whether partial or complete, without the express authorization of the Company will expose the offender to civil and criminal prosecution.

20. Clause conferring jurisdiction

The law governing the CGV/CGU is French law. Any dispute that may arise between the Company and a User during the execution of the present terms and conditions shall be subject to an attempt at amicable resolution. Failing this, disputes will be brought to the attention of the competent courts of common law.

21. Acceptance of the GCS/CGU

The Customer or User expressly accepts the GTC/UGC.
The Customer declares that he is aware of them and waives the right to rely on any other document, in particular his own general terms and conditions of purchase.

The Consumer acknowledges having had knowledge of the information and information provided for in Articles L.111-1 to L.111-7 of the Consumer Code, and in particular :

the essential characteristics of the Product ;
the price of the Products ;
the date or the deadline by which the Company undertakes to provide the Service;
information relating to the identity of the Company (postal, telephone and electronic contact details);
information relating to the legal and contractual guarantees and their terms and conditions of implementation;
the possibility of resorting to conventional mediation in the event of a dispute;
information relating to the right of withdrawal (time limit, terms and conditions for exercising this right).