Terms and Conditions

These terms and conditions of sale apply to all sales made on the Kalinas Perles website.

The website https://kalinasperles.com/ is operated by:

• Kalinas et Tainos
• located at 23 Rue du Général De Gaulle, 97133 Gustavia, Saint Barthélemy
• Website URL: https://kalinasperles.com/
• Email: [email protected]
• Phone number: +59 0690 6593 00

The Kalinas Perles website offers the following products for sale: Jewelry.

The client acknowledges having read and accepted the terms and conditions of sale prior to placing their order. Therefore, confirming the order implies acceptance of the terms and conditions of sale.

These general terms and conditions express the full obligations of the parties. In this regard, the buyer is deemed to accept them without reservation. These terms and conditions of sale apply to the exclusion of any other conditions, including those applicable to in-store sales or through other distribution and marketing channels. They are accessible on the Kalinas Perles website and will prevail, if necessary, over any other version or conflicting document.

The seller and the buyer agree that these general terms and conditions exclusively govern their relationship. The seller reserves the right to modify these terms and conditions occasionally. They will apply as soon as they are published online.

If any sales condition is missing, it will be considered governed by the practices in force in the distance selling sector whose companies are based in France.

These terms and conditions of sale are valid until January 1, 2025.

The purpose of these general terms and conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer from the Kalinas Perles website.

These conditions apply to purchases made on the Kalinas Perles website. These purchases concern the following products: Jewelry.

The buyer acknowledges having received, prior to placing their order and concluding the contract, in a readable and understandable manner, these general terms and conditions of sale and all the information listed in Article L. 221-5 of the French Consumer Code.

The following information is provided to the buyer in a clear and understandable manner:

• the essential characteristics of the goods;
• the price of the goods and/or the method of calculating the price;
• if applicable, any additional transport, delivery, or postage costs and any other potential fees;
• in the absence of immediate contract execution, the date or deadline by which the seller commits to delivering the goods, regardless of their price;
• information relating to the seller’s identity, postal, telephone, and electronic contact details, and activities, as well as information regarding legal guarantees, digital content functionalities, and, where applicable, its interoperability, the existence and implementation of warranties, and other contractual conditions.

The buyer has the option to place their order online, from the online catalog and using the form provided, for any product, subject to availability. The buyer will be informed of any product or item unavailability.

For the order to be validated, the buyer must accept these general terms and conditions by clicking where indicated. The buyer must also choose the delivery address and method, and finally confirm the payment method.

The sale will be considered final:

• after the seller sends the buyer an email confirming the acceptance of the order;
• and after the seller has received full payment.

Any order implies acceptance of the prices and product descriptions available for sale. Any dispute on this point will occur within the framework of a possible exchange and the guarantees mentioned below.

In certain cases, such as non-payment, incorrect address, or other issues with the buyer’s account, the seller reserves the right to block the buyer’s order until the problem is resolved.

For any questions regarding the status of an order, the buyer can call the following phone number: +59 0690 6593 00 (local call rate), on the following days and hours: Monday to Saturday, from 8 AM to 8 PM, or send an email to the seller at the following email address: [email protected].

The online provision of the buyer’s credit card number and the final validation of the order will serve as proof of the buyer’s agreement:

• the enforceability of the amounts due under the order form;
• signature and express acceptance of all transactions carried out.

In the event of fraudulent use of the credit card, the buyer is invited to contact the seller immediately at the following phone number: +59 0690 6593 00.

The seller provides the buyer with an order confirmation via email.

The computerized records, kept in the seller’s computer systems under reasonable security conditions, will be considered proof of the communications, orders, and payments between the parties. The archiving of order forms and invoices is done on a reliable and durable medium that can be produced as proof.

The products governed by these general terms and conditions are those listed on the seller’s website and indicated as sold and shipped by the seller. They are offered subject to availability.

The products are described and presented with the greatest possible accuracy. However, if any errors or omissions occur in this presentation, the seller’s liability cannot be engaged. The product photographs are not contractual.

The seller reserves the right to modify its prices at any time but agrees to apply the rates in effect at the time of the order, subject to availability on that date.

Prices are indicated in euros. They do not include delivery charges, which are billed additionally and indicated before the order is confirmed. Prices include VAT applicable on the date of the order, and any change in the applicable VAT rate will automatically be reflected in the price of products in the online store.

If one or more taxes or contributions, including environmental taxes, are created or modified, whether increased or decreased, this change may be reflected in the sale price of the products.

This is an order with an obligation to pay, meaning that placing the order requires the buyer to make payment.

To pay for their order, the buyer may choose from all the payment methods made available by the seller and listed on the seller’s website. The buyer guarantees to the seller that they have the necessary authorizations to use the chosen payment method when validating the order form. The seller reserves the right to suspend any order processing and delivery in the event of payment authorization refusal by officially accredited organizations or in the event of non-payment. The seller also reserves the right to refuse to make a delivery or honor an order from a buyer who has not fully or partially paid for a previous order or with whom a payment dispute is ongoing.

Payment in full is due at the time of the order, using the following methods:

• credit card
• paypal

Except in cases of force majeure or during periods when the online store is closed, which will be clearly announced on the homepage, the shipping times will be, subject to stock availability, those indicated below. Shipping times begin from the date the order is recorded, as indicated in the order confirmation email.

For deliveries within mainland France and Corsica, the delivery time is 7 to 10 days from the day following the buyer’s order, according to the following method: registered mail. At the latest, the delivery period will be 30 working days after the conclusion of the contract.

For deliveries to overseas departments and territories (DOM-TOM) or another country, delivery methods will be specified to the buyer on a case-by-case basis.

In the event of failure to meet the agreed delivery date or deadline, the buyer must, before terminating the contract, request that the seller perform within a reasonable additional time period.

If the seller still does not perform within this additional period, the buyer may freely terminate the contract. The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or in writing on another durable medium. The contract will be considered terminated upon receipt by the seller of the letter or written notice of termination, unless the seller fulfills the contract in the meantime.

The buyer may, however, immediately terminate the contract if the dates or deadlines above constitute an essential condition of the contract for them. In this case, when the contract is terminated, the seller must refund the buyer the full amount paid, no later than 14 days following the date on which the contract was canceled.

If the ordered product is unavailable, the buyer will be informed as soon as possible and will have the option to cancel their order. The buyer can then choose to either request a refund of the amounts paid, which must be made within 14 days at the latest, or exchange the product.

Delivery is understood as the transfer to the consumer of physical possession or control of the goods. The products ordered are delivered according to the terms and deadlines specified above.

The products are delivered to the address indicated by the buyer on the order form, and the buyer must ensure its accuracy. Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer’s expense. At the buyer’s request, a copy of the invoice may be sent to the billing address rather than the delivery address by selecting the option provided on the order form.

If the buyer is absent on the day of delivery, the delivery person will leave a delivery notice in the mailbox, allowing the buyer to retrieve the package from the specified location and within the indicated time frame. If, at the time of delivery, the original packaging is damaged, torn, or opened, the buyer must check the condition of the items. If they are damaged, the buyer must refuse the package and note a reservation on the delivery slip (package refused because it was opened or damaged).

The buyer must indicate any anomaly regarding the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.) on the delivery slip in the form of handwritten reservations accompanied by their signature. This verification is considered completed once the buyer, or someone authorized by them, has signed the delivery slip.

The buyer must then confirm these reservations by registered mail to the carrier no later than two working days after receiving the items and send a copy of this letter to the seller via fax or regular mail to the address provided in the legal notices on the website.

If the products need to be returned to the seller, a return request must be made to the seller within 14 days of delivery. Any claims made outside this period cannot be accepted. The return of the product will only be accepted if the product is in its original condition (packaging, accessories, instructions, etc.).

The buyer must submit any claim for a delivery error and/or non-conformity of the products in nature or quality compared to the information on the order form to the seller on the day of delivery or at the latest on the first working day following delivery. Any claim made beyond this period will be rejected.

The claim can be made, at the buyer’s choice:

• by phone at the following number: +59 0690 6593 00 ;
• by email to the following address: [email protected].

Any claim not made in accordance with the rules defined above and within the allotted time will not be taken into account, and the seller will be released from all liability to the buyer.

Upon receipt of the claim, the seller will assign an exchange number for the product(s) concerned and will communicate it to the buyer by email. The exchange of a product can only occur after the exchange number has been issued.

In the event of a delivery error or exchange, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, using Colissimo Recommandé, to the following address: 23 Rue du Général De Gaulle, 97133 Gustavia, Saint Barthélemy.

The return costs will be borne by the seller.

14-1 Legal Warranty of Conformity

The seller is responsible for the conformity of the goods sold under the contract, allowing the buyer to make a claim under the legal warranty of conformity provided for in Articles L. 217-4 and following of the Consumer Code.

In the event of the application of the legal warranty of conformity, it is reminded that:

• the buyer has a period of 2 years from the delivery of the goods to take action;
• the buyer may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 217-17 of the Consumer Code;
• the buyer is not required to provide proof of the non-conformity of the goods within 24 months in the case of new goods (6 months in the case of used goods) following delivery.

14-2 Legal Warranty for Hidden Defects

In accordance with Articles 1641 and following of the Civil Code, the seller is responsible for hidden defects that may affect the goods sold. The buyer must prove that the defects existed at the time of sale and are such as to render the goods unfit for their intended use. This warranty must be invoked within two years of discovering the defect.

The buyer may choose between the cancellation of the sale or a reduction in price in accordance with Article 1644 of the Civil Code.

Commercial Warranty

The products sold are also covered by a commercial warranty that guarantees their conformity and provides for a refund of the purchase price, replacement, or repair of the goods. It does not cover defects caused by abnormal or improper use or resulting from factors unrelated to the intrinsic qualities of the products.

Application of the Right of Withdrawal

In accordance with the provisions of the Consumer Code, the buyer has a period of 14 days from the delivery date of their order to return any item that does not suit them and request an exchange or refund without penalty, except for the return costs, which remain the buyer’s responsibility.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) to allow them to be resold as new, and must be accompanied by the purchase invoice.

Damaged, soiled, or incomplete products will not be accepted.

The right of withdrawal can be exercised online using the withdrawal form available on this website. In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the buyer. Any other method of withdrawal declaration is accepted, provided it is clear and expresses the intent to withdraw.

If the right of withdrawal is exercised within the aforementioned period, the price of the purchased product(s) and delivery costs will be refunded. The return costs are the responsibility of the buyer.

The exchange (subject to availability) or refund will be made within 7 days, and no later than 14 days from the date the seller receives the returned products from the buyer under the conditions specified above.

Exceptions

According to Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:

• for the supply of goods whose price depends on fluctuations in the financial market beyond the professional’s control and likely to occur during the withdrawal period;
• for the supply of goods made to the consumer’s specifications or clearly personalized;
• for the supply of goods liable to deteriorate or expire rapidly;
• for the supply of goods that have been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection;
• for the supply of goods which, after delivery and by their nature, are inseparably mixed with other items;
• for the supply of alcoholic beverages, the delivery of which is delayed beyond thirty days and the value of which was agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the professional’s control;
• for urgent maintenance or repair work to be carried out at the consumer’s home, expressly requested by them, within the limits of spare parts and work strictly necessary to respond to the emergency;
• for the supply of audio or video recordings or computer software that has been unsealed by the consumer after delivery;
• for the supply of a newspaper, periodical, or magazine, except for subscription contracts for these publications;
• for the supply of digital content not provided on a tangible medium, the execution of which has begun after the consumer’s prior express consent and express waiver of their right of withdrawal.

Any circumstances beyond the control of the parties that prevent the normal execution of their obligations are considered grounds for exoneration from the parties’ obligations and lead to their suspension.

The party invoking the circumstances mentioned above must immediately inform the other party of their occurrence, as well as their cessation.

Force majeure will be considered any irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, beyond the control of the parties, and which cannot be prevented by them, despite all reasonably possible efforts. Expressly, in addition to those usually recognized by French courts and tribunals, the following are considered force majeure or fortuitous events: the blockage of means of transportation or supply, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks, or difficulties specific to external telecommunications networks beyond the clients’ control.

The parties will consult each other to examine the impact of the event and agree on the conditions under which the contract’s execution will be continued. If the force majeure event lasts longer than three months, these general terms and conditions may be terminated by the affected party.

The content of the website remains the property of the seller, who is the sole holder of the intellectual property rights on this content. Buyers agree not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an act of counterfeiting.

The personal data provided by the buyer is necessary for processing their order and issuing invoices. This data may be shared with the seller’s partners responsible for executing, processing, managing, and paying for orders.

The processing of information provided through the Kalinas Perles website has been declared to the CNIL. The buyer has a permanent right to access, modify, correct, and oppose any information concerning them. This right can be exercised under the conditions and terms outlined on the Kalinas Perles website.

If one or more provisions of these general terms and conditions are deemed invalid or declared as such under a law, regulation, or as a result of a final decision by a competent court, the other provisions will retain their full force and effect.

The fact that one party does not invoke a breach by the other party of any of the obligations referred to in these general terms and conditions shall not be interpreted as a waiver of the obligation in question for the future.

In the event of any difficulty in interpreting any of the titles heading the clauses and any of the clauses, the titles shall be deemed non-existent.

These general terms and conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will be considered legally binding in case of a dispute.

The buyer may resort to conventional mediation, including through the Consumer Mediation Commission or existing sectoral mediation bodies, or any alternative dispute resolution method (such as conciliation) in the event of a dispute. The names, contact details, and email address of the mediator are available on our website.

In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court resolution of online disputes between consumers and professionals within the European Union. This platform is accessible via the following link: https://webgate.ec.europa.eu/odr/.

These general terms and conditions are subject to the application of French law. The competent court is the judicial court.

This applies to both substantive and procedural rules. In the event of a dispute or claim, the buyer will first contact the seller to seek an amicable solution.

Data Collected

The personal data collected on this website are as follows:

• Account creation: when the user creates an account, their first name, last name, email address, phone number, and postal address are collected;
• Login: when the user logs in to the website, it records, in particular, their first name, last name, login data, usage data, location data, and payment information;
• Profile: using the services provided on the website allows a profile to be filled out, which may include an address and a phone number;
• Payment: as part of the payment for products and services offered on the website, financial data related to the user’s bank account or credit card is collected;
• Communication: when the website is used to communicate with other members, user communication data is temporarily stored;
• Cookies: cookies are used during the use of the website. The user has the option to disable cookies through their browser settings.

Use of Personal Data

The personal data collected from users are used to provide website services, improve them, and maintain a secure environment. Specifically, the uses are as follows:

• access and use of the website by the user;
• management and optimization of website operations;
• organization of payment services;
• verification, identification, and authentication of data transmitted by the user;
• offering the user the ability to communicate with other website users;
• implementation of user support;
• customization of services by displaying advertisements based on the user’s browsing history and preferences;
• prevention and detection of fraud, malware (malicious software), and management of security incidents;
• management of potential disputes with users;
• sending commercial and advertising information based on the user’s preferences.

Sharing Personal Data with Third Parties

Personal data may be shared with third-party companies in the following cases:

• when the user uses payment services, the website is in contact with third-party banking and financial companies with which it has entered into contracts for the implementation of these services;
• when the user posts information in public comment areas of the website;
• when the user authorizes a third-party website to access their data;
• when the website uses service providers to provide user support, advertising, and payment services. These service providers have limited access to user data in the course of providing these services and are contractually obligated to use them in accordance with applicable personal data protection regulations;
• if required by law, the website may transmit data to comply with claims against the website and comply with administrative and judicial procedures;
• if the website is involved in a merger, acquisition, sale of assets, or bankruptcy proceedings, it may transfer or share all or part of its assets, including personal data. In such a case, users will be informed before personal data is transferred to a third party.

Security and Confidentiality

The website implements organizational, technical, software, and physical measures to protect personal data from alteration, destruction, and unauthorized access. However, it should be noted that the internet is not a completely secure environment, and the website cannot guarantee the security of data transmission or storage over the internet.

Exercising User Rights

In accordance with applicable personal data protection regulations, users have the following rights, which they can exercise by making a request to the following address: [email protected].

Right of access: users can exercise their right to access their personal data. In this case, the website may request proof of the user’s identity before implementing this right to verify its accuracy.

Right to rectification: if the personal data held by the website is inaccurate, users can request an update of the information.

Right to erasure: users can request the deletion of their personal data, in accordance with applicable data protection laws.

Right to restrict processing: users can request the website to restrict the processing of their personal data in accordance with the GDPR.

Right to object to data processing: users can object to their data being processed in accordance with the GDPR.

Right to data portability: users can request that the website provide them with the personal data they supplied to transfer it to another website.

Changes to This Clause

The website reserves the right to make any modifications to this personal data protection clause at any time. If any changes are made to this personal data protection clause, the website will publish the new version on its website. The website will also notify users of the modification via email at least 15 days before the new version takes effect. If the user disagrees with the terms of the new version of the personal data protection clause, they have the option to delete their account.