Terms and conditions of sales
1) SELLER IDENTITY
The seller is: Marlène Lyotard,
Of whom the headquarter is at: 2493 rue Ryde – Montréal, Québec, H3K1R5 – CANADA.
Phone number: +1(438)3458760
These Terms refer to the Canadian law and, more particularly, to the regulations of distance selling. The terms and conditions of sale, hereafter known as “Terms”, define the rights and obligations of the parties within the scope of the sales made by Marlène Lyotard on the website www.kidsart-bijoux.com, hereafter known as “the Website”. They are concluded between, on one hand Marlène Lyotard, on the other hand, the persons wishing to place and order for product(s) via the Website, hereafter known as “the Customer”.
The order of products displayed on the Website is subject to the acceptance by the Customer of the wholeness of the Terms as described hereafter.
Marlène Lyotard. reserves the right to adapt or modify her Terms at any time. In case of modification, the Terms applicable to the order will be those in force the day of the final payment of the order.
3) ACCEPTANCE OF THE TERMS AND CONDITIONS OF SALE
The fact for a Customer to fill in the order form, to confirm his order and to have checked the box provided implies full acceptance of these terms and conditions of sales and its prices which he expressly declares to accept without reservations.
4) THE CUSTOMER
The Customer of the Website must be a consumer, person over 18 and legally capable. The Customer will have to, on his first order on the Website, create an account and/or fill in an order form specifying some mandatory fields, so that his order of products can be taken into account by Miss M.
The information provided to Marlène Lyotard, as part of the opening of its customer account or during each of its orders must be complete, accurate and up to date.
5) THE PRODUCTS
The products offered for sale on the Website are those mentioned in the “The Shop” section of the Website. Marlène Lyotard reserves the right to change the contents of her online shop at any time without notice, especially to include or remove references or to modify some sale prices.
On kidsart-bijoux.com are exclusively put up for sale products made by hand by Marlène Lyotard.
The resellers are carefully selected for their rigorous quality controls.
Marlène Lyotard does not sell second-hand, defective or substandard products to the standard offered on the market.
The characteristics of the products are displayed on kidsart-bijoux.com inside each of the product sheets. The images and colors of the products put up for sale on kidsart-bijoux.com could nevertheless not correspond with the real colors under the effect of the Internet browser and screen used.
Because of an exclusively manual production, Kids’ART jewelry could fifer with the parts and models to be reproduced.
6) THE ORDERS
The Customer can place an order on the Website www.kidsart-bijoux.com
The contractual information, as well as the details of the order are shown in French or English and are summarized before the final validation.
Marlène Lyotard reserves the right to cancel or refuse any order from a Customer with whom there is dispute relating to the payment of a previous order, of a total or partial non-payment of the order in progress, refusal of authorization of payment by debit card by the banking organizations, non-payment or incomplete payment. In no instance shall the liability of Marlène Lyotard be engage as such.
From the validation of the payment, the order is registered and becomes irrevocable. The purchase order will be recorded on the computer register of Marlène Lyotard, and will be considered as proof of the contractual relations between the Parties. As soon as the Customer has validated its payment, a confirmation of the order will be sent by email to the email address indicated by him during the order.
7) PRICES AND PAYEMENTS
The prices are indicated in Euros € (VAT including) and Canadian Dollars $CAN and take into account possible discounts. The costs and exchange rates are borne by the Customer.
Any order placed on the Website and delivered outside of Canada may be subject to any taxes and customs duties imposed when the package reaches its destination.
These customs duties and taxes related to the delivery of an items are at the Customer’s expense and are his own responsibility. Marlène Lyotard is not obligated to verify and inform the Customer of the applicable customs duties and taxes. In the event of refusal for any reason whatsoever of the package at customs, Marlène Lyotard will refund the Customer after having recovered the goods.
The prices indicated are guaranteed within the limit of available stock, except important changes of the expenses and except any typography error or omission.
The prices indicated do not include the shipping costs which will be invoiced in addition and will be specified to the Customer during the final validation of his order.
Marlène Lyotard reserves the right to modify her prices at any time but the product will be invoiced on the basis of the tariffs in force during the validation of the order.
The payment is made by debit card, PayPal or bank transfer.
For the payments by debit card, the Customer must be the holder of the debit card used.
Working on the assumption that, for any reason (blocking, refusal of the issuing center…), the debit of the sums owed by the Customer would turn out to be impossible, the order will not be dealt by Marlène Lyotard.
For the payments by bank transfer (Canada only), the orders are handled on receipt of the bank transfer. In case of impossibility of payment (due to blocking or refusal of the issuing center), Marlène Lyotard will not process the order.
Any order placed on the Kids’Art Bijoux Website will be shipped within 15-23 days, subject to validation of payment.
The delivery is made by the Canada Post.
The products are delivered to the address indicated by the Customer. The Customer is solely responsible for any defect of delivery due to a lack of indication during the execution of the order.
The indicated delivery times are after the processing of the order and expressed in working days. These periods are those applied by the carrier (Canada Post).
Periods Canada and USA: 2 – 8 days
Periods for Europe and World: 6 – 12 days depending on the country of destination.
These periods can be thwarted by strikes, export problems, customs modifications and other external problems for which we cannot be held responsible. In this case, the Customer will be informed by email.
9) RIGHT OF CANCELLATION
The Customer has a right of withdrawal of his order. This right is not applicable on personalized or made on measure jewelry.
Kids’ART jewelry are neither taken back nor exchanged (except jewelry of the collections).
Marlène Lyotard, in the online process, is only held by an obligation of means. Her responsibility cannot be incurred for any damage resulting from the use of the Website.
11) FORCE MAJEUR
Marlène Lyotard. won’t be held responsible for the total or partial non-execution of her obligations under this contract, if such a non-execution is caused by a constitutive event of force majeure, especially in case of disruption or total or partial strike particularly from the Postal services and other means of transport and/or communications, flood, fire, and generally speaking, in case of any event beyond her control.
12) PERSONAL DATA MANAGEMENT
The Customer is informed that the data it provides on the Website is subject to diverse automated processing of personal data.
This data is intended for an internal use only by Marlène Lyotard. This data is never given to any third party.
The Customer’s personal data is kept for the strictly necessary duration of the correct fulfilment for each of the treatment considered by Marlène Lyotard.
The Customer has the right of access, correction and objection of the data processing about him/her.
13) APPLICABLE LAW – JURISDICTION
The Canadian law enforces.
Last updated on April 6th, 2020