General Terms and Conditions of Sale

 

Entreprise AMIRAL KASUAL

AMIRAL KASUAL: Registered trademark

Registered under SIRET number: 88056905800014

APE Code: 4791A

Website: amiralkasual.com

Email: contact@amiralkasual.com

The AMIRAL KASUAL website in its entirety, as well as all related rights, is systematically subject to the owners' authorization for any reproduction, in whole or in part.

Scope of application

These General Terms and Conditions of Sale apply to all orders placed on the Site.

The Customer acknowledges having read them at the time of placing the order and expressly declares to accept them without reservation.

Amiral Kasual reserves the right to adapt or modify these General Terms and Conditions of Sale at any time. In the event of modification, the General Terms and Conditions of Sale in force on the day of the order will apply to each order. For any information, question, advice, or order tracking, our Customer Service can be reached by e-mail: contact@amiralkasual.com

Ordering procedures

Orders placed on the Site are reserved for individuals and "final buyer" companies. Resale or distribution of products purchased on the Site is strictly prohibited.

To place an order on the Site, the customer must be of legal age, have legal capacity, and hold a credit card. Orders received will be accepted within the limits of available stock.

The "double click" associated with the authentication and non-repudiation procedure and the integrity protection of messages constitutes an electronic signature. This electronic signature has the same value between the parties as a handwritten signature.

Product availability

Products and prices are valid as long as they are displayed on the Site, within the limits of available stock. The information mentioned on each product sheet is given for informational purposes only. The products offered comply with current French legislation and applicable standards in France.

In the event of an item's unavailability noted after placing an order, Amiral Kasual will inform the Customer by e-mail or telephone as soon as possible, offering the Customer:

– an exchange for another item of the same amount

– partial cancellation of the order

– total cancellation of the order.

Partial or total cancellation of the order results in the reimbursement of the canceled item(s); in this case, Amiral Kasual debits the bank account used for the purchase within a maximum of fourteen (14) working days.

Amiral Kasual incurs no liability in the event of stockout or unavailability of products.

The photographs, texts, graphics, information, and characteristics reproduced and illustrating the products presented are not contractual. If errors appear therein, Amiral Kasual cannot be held liable.

Amiral Kasual reserves the right to modify them at any time and without notice.

Registration conditions

Order confirmation requires the creation of a personal account on the Site. This account is intended to save billing and delivery information for said order and subsequent ones. The Customer will be asked to create their own password for future use of this account. The Customer undertakes to keep these identifiers confidential and never to communicate them to third parties. Consequently, any purchase made using these identifiers will be deemed to have been made by the Customer holding these identifiers. In the event of loss, theft, or any fraudulent use of their password, the Customer undertakes to immediately inform the Site.

Account creation is free. The username and password allowing access to the Site are confidential and must not be disclosed to third parties. After account creation, the Customer receives a confirmation of their registration by e-mail.

The Customer can deactivate their account at any time by sending an e-mail to Customer Service at contact@amiralkasual.com. After account deactivation, the Customer is free to create a new account at any time.

Order confirmation

The data recorded by Amiral Kasual constitutes proof of all transactions between Amiral Kasual and the Customer. Contractual information is presented in French and will be confirmed by e-mail no later than the time of delivery.

The Customer must verify the completeness and conformity of the information they provide to Amiral Kasual. The latter cannot be held responsible for any entry errors and their consequences in terms of delays or delivery errors. In this context, all costs incurred for re-shipment will be borne by the Customer.

Once validated, the order is transmitted to Amiral Kasual for processing. The Customer can modify or cancel it only by contacting Customer Service by e-mail, before the package is shipped.

Amiral Kasual reserves the right not to accept an order from a customer with whom it is in dispute over a previous order, or if Amiral Kasual reasonably believes that this customer has violated these General Terms and Conditions or has engaged in fraudulent activity, or for any other legitimate reason.

Proof of transaction

Amiral Kasual recommends that the Customer keep a reliable paper or electronic record of their order data. In application of article L. 134-2 of the Consumer Code, when an order is for an amount greater than or equal to one hundred and twenty (120) Euros, Amiral Kasual retains the written record of the contract concluded between Amiral Kasual and the Customer by e-mail for a period running from the conclusion of the contract until the delivery date of the goods and for a period of ten years thereafter (in accordance with decree 2005 137 of February 16, 2005). The Customer then has access to this document at any time, upon request to contact@amiralkasual.com, with proof of identity.

The Customer can, via their customer account, inquire about their past, current, or recently shipped orders and manage and save their information (postal address, telephone, bank details).

The computerized registers, kept in the computer systems of Amiral Kasual under reasonable security conditions, will be considered as proof of communications, orders, and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as evidence.

Price

Products are invoiced based on the prices displayed on the Site at the time the order is placed. Any order placed on the Site must be paid immediately upon placing the order.

Amiral Kasual reserves the right to modify the prices of products offered on the Site at any time and without notice. Amiral Kasual undertakes to apply the prices in force at the time of the order, subject to availability at that date.

Payment method

All orders are payable in Euros. To pay for their order, the Customer has the choice between the following payment methods:

– Credit Card, MasterCard, Visa.

Availability and shipping times are to be recalculated from the date of receipt of the payment method.

Amiral Kasual also reserves the right to refuse to honor an order from a Customer who has not paid a previous order (including partially) or with whom a payment dispute is ongoing. Any payment will only be considered final after effective and full collection of the amounts due. Order processing and shipping will only take place after verification of the payment method and receipt of debit authorization for the credit card.

If an overdue payment is not made within three (3) weeks of sending the order confirmation despite one or more reminders by e-mail, Amiral Kasual is entitled to declare the unilateral termination of the contract and thus cancel the order. In the event of contract termination, Amiral Kasual is no longer obliged to deliver the ordered goods, and no right will arise from the contract for either party.

The Customer agrees to receive their invoices exclusively in electronic form.

Amiral Kasual retains full ownership of the products sold until full collection of all sums due by the Customer in connection with their order, including costs and taxes.

The transfer of ownership of an item purchased from Amiral Kasual by the Customer to a third party will not be supported by Amiral Kasual. Only the original buyer of this item can claim to access the clauses of these General Terms and Conditions of Sale.

The Customer's credit card or Paypal account is debited at the time payment is validated. In case of unavailability of certain ordered items (see "Product availability" section), the items concerned will either be exchanged or refunded.

Retention of title

The ordered products remain the property of Amiral Kasual until full payment of all sums due. The Customer undertakes to assume the risks concerning the delivered products (in particular loss, theft, or deterioration) as of the effective date of delivery.

Order preparation

Preparation time is not included in the delivery time. Our average processing time is 2 to 5 working days for non-clothing products and 2 to 7 working days for clothing products, subject to availability of ordered items. Order preparation times may be exceptionally extended in the following cases: peak activity periods (e.g., Christmas, sales), temporary stock shortages, force majeure. Amiral Kasual undertakes to notify the Customer in advance, by e-mail. If for any other reason (other than the cases cited above) a delay in order preparation is observed, Amiral Kasual undertakes to reimburse the Customer if no agreement is reached between the two parties.

Delivery method – Delivery area – Delivery time

Products are shipped to the delivery address indicated by the Customer during the order process. Amiral Kasual cannot be held responsible for any entry errors and their consequences in terms of delays or delivery errors. In this context, all costs incurred for re-shipment will be borne by the Customer.

Delivery problems

Any defect or delay in delivery exceeding fifteen (15) working days must be reported to the Site's Customer Service as soon as possible, by e-mail to contact@amiralkasual.com

Any claim made beyond thirty (30) calendar days after the order validation date cannot be taken into account.

Any anomaly concerning delivery (damage, missing product compared to the delivery note, damaged package, deteriorated products, etc.) must imperatively be indicated on the delivery note in the form of "handwritten reservations," accompanied by the Customer's signature. The Customer must imperatively inform Customer Service by e-mail at contact@amiralkasual.com

In the event of non-conformity of the purchased products or if they do not satisfy the Customer, the latter may return them or request an exchange or refund under the conditions provided in the "Returns – Exchanges – Refunds" section.

Returns – Exchanges – Refunds

All products sold benefit from the "satisfied or refunded" clause in accordance with the provisions of the Consumer Code, article L 121-20, unless otherwise specified during sales days. The Customer may exercise their right of withdrawal in accordance with article L 121-20 of the Consumer Code. This right of withdrawal is exercised without penalty, with the exception of the costs of returning the package, which remain the responsibility of the Customer.

If the product(s) concerned were a gift, it is the Customer who must make the return request, not the gift recipient.

Requests for return of products ordered on the Site can be made under the following conditions:

– products must be returned with their purchase invoice, delivery note, or return slip

– in their original condition (they must not have been used or damaged, however minimally, and must be in a perfectly clean condition)

– in their original packaging (with cover and labels)

– to the return address communicated to the Customer by AMIRAL KASUAL after validation of the return request. Customer Service will provide the most suitable return address for the order.

How to make a return request?

In accordance with the Hamon law, you can send an online withdrawal request to our customer service, within 14 days of purchase by contacting us by email: contact@amiralkasual.com

In case of exchange

Exchanges are only accepted in case of non-conformity (reference error) between the order placed and the product(s) received. See "Non-compliant products" section

In case of refund request

Shipping costs incurred for returns to Amiral Kasual remain the responsibility of the Customer. Under no circumstances will it be possible to assign the Customer an electronic credit note usable on the Site or at authorized Amiral Kasual network resellers. The refund will be made in any case no later than fourteen (14) days after receipt of the products subject to withdrawal. Amiral Kasual will refund the Customer using the payment method used during the purchase (credit card, Paypal account).

Non-compliant products

The Customer must submit to Customer Service, at the latest on the first working day following delivery, any complaint relating to a delivery error and/or non-conformity of the products in nature or quality compared to the indications on the order form (reference error). Any complaint made beyond this period will be rejected without possibility of recourse. This complaint must be made to Amiral Kasual by e-mail at contact@amiralkasual.com.

Upon receipt of the complaint, Amiral Kasual will assign a return number to the product(s) concerned and communicate it to the Customer. A product can only be returned after this agreement number has been assigned, according to the procedure presented in the "Return request" section.

Amiral Kasual reserves the right to verify if the returned product(s) are non-compliant. If the product is non-compliant, Amiral Kasual undertakes to:

– either exchange the product (standard exchange subject to availability or exchange for another item of the same amount) and return it to the Customer (shipping costs borne by Amiral Kasual)

– or refund the Customer.

In both cases, the transport costs occasioned by the return of the products are reimbursed only in the event of a return justified by the non-conformity of the delivered products, upon presentation of an invoice and within the limit of 15 Euros.

After-sales service

Amiral Kasual cannot be held responsible for problems related to the evolution or deterioration of the materials and haberdashery used (discoloration, color transfer, stains, etc.) and cannot undertake any repair or restoration of the various materials.

Intellectual property

All elements (designs, models, illustrations, images, videos, soundtracks, texts, logos, brands, etc.) constituting the Site are the property of the Amiral Amiral Kasual brand.

In accordance with the provisions of the Intellectual Property Code, it is forbidden to reproduce in whole or in part, by any process whatsoever, to distribute, publish, transmit, modify or sell all or part of the content of the Site, or to create derivative works from it. The Amiral Kasual brand and the logos displayed on the Site, whether registered or not, as well as the domain names are and will remain the property of Amiral Kasual. Any reproduction, distribution, transmission, modification or use of the brand without the express and prior agreement of Amiral Kasual, for whatever reason, is prohibited.

Liability

The photographs and texts reproduced and illustrating the products presented are not contractual. Consequently, the Amiral Kasual brand cannot be held liable in the event of an error in one of these photographs or one of these texts.

Amiral Kasual cannot be held responsible, towards the User or a third party, for damages of any kind, whether material or immaterial, or physical, for any loss of operation, profit or turnover, which could result from a malfunction or improper use of the marketed products, occurring in any way whatsoever, even if such damage or loss or prejudice was foreseeable by Amiral Kasual, or if its possibility had been brought to its attention.

The same applies to any modifications to the products resulting from suppliers.

 Amiral Kasual reserves the right to cancel an order following a computer bug, an entry error, an act of hacking or other internal or external malice. Amiral Kasual will be obliged to notify the Customer of the cancellation of the order. Please report any error by e-mail to contact@amiralkasual.com

Without limiting the preceding paragraphs, Amiral Kasual's liability under these terms and conditions cannot exceed an amount equal to the sums paid or payable in the transaction giving rise to said liability, regardless of the cause or form of the action concerned.

Amiral Kasual cannot be held responsible for the non-processing of an order in the event of stock shortage or unavailability of the product, force majeure, disruption or partial or total strike, particularly of postal services and means of transport and/or communication.

No Warranty

Amiral Kasual cannot guarantee or affirm:

– that the Site is free of viruses, data erasure programs, Trojans, or other destructive material

– that the information contained on the Site is accurate, complete, or up-to-date.

The Site may contain technical inaccuracies or other defects, and Amiral Kasual does not guarantee the correction of these defects. The Site and its content are provided "as is" and "as available."

Amiral Kasual expressly excludes all warranties of any kind, express or implied, including, but not limited to, all implied warranties of conformity or suitability of the Site or its content for customary use or specific use, their quality, or the absence of contravention of any provision.

Personal Information

Amiral Kasual undertakes not to disclose to third parties the information provided by the Customer on the Site. This information is confidential. It will only be used by its internal services for order processing and to strengthen and personalize communication, particularly through newsletters/emails, as well as for personalizing the Site based on observed user preferences. In accordance with the French Data Protection Act of January 6, 1978, the Customer has the right to access, rectify, modify, and delete data concerning them. The Customer can exercise this right by sending an email to the following address: contact@amiralkasual.com

Disputes – Applicable Law

In the event of a dispute, the Customer shall first contact Amiral Kasual to seek an amicable solution. These General Terms and Conditions of Sale are written in French and will be executed and interpreted in accordance with French law. Any dispute that may arise concerning their validity, interpretation, or execution will be submitted to the French Courts, which have exclusive jurisdiction. The Customer acknowledges and accepts their exclusive jurisdiction. Amiral Kasual reserves the right to request and obtain injunctions or orders for the defense of its rights under these terms.