General conditions of sale
Article 1 – GENERAL PROVISIONS – SCOPE OF APPLICATION
1.1 These General Conditions of Sale (“the GTC”) determine the rights and obligations of the parties in the context of the online sale of Products offered by the company Blaue Libelle Ltd (“the Company”).
1.2 Any Order placed on the Kurku-ma website implies prior and unrestricted acceptance of these General Terms and Conditions of Sale, which are subject to French law. These General Terms and Conditions of Sale are therefore an integral part of the Contract between the Customer and the Company. They are fully binding on the Customer, who declares having read and accepted them, without restriction or reservation, before placing the Order.
1.3 These General Terms and Conditions apply to any Order placed by a natural person of legal age acting as a consumer. The Customer therefore certifies that he or she is a natural person over the age of 18, acting for purposes that do not fall within the scope of his or her commercial, industrial, craft, liberal or agricultural activity. He or she acknowledges that he or she has full capacity to commit when placing an Order and undertakes to provide truthful information regarding his or her identity.
1.4 EXCLUSION: Persons acting in a professional capacity, i.e. natural or legal persons, public or private, who act for purposes falling within the scope of their commercial, industrial, craft, liberal or agricultural activity, including if they act in the name or on behalf of another professional, are expressly excluded from the scope of these General Terms and Conditions.
Professionals who wish to place an Order with the Company are invited to contact us directly.
1.5 The General Terms and Conditions applicable to each Order are those in effect on the date of payment (or the first payment in the case of multiple payments) of the order. The Company reserves the right to modify them at any time by publishing a new version on its website. These General Terms and Conditions are available on the Company's website at the following address: https://Kurku-ma.com and can be downloaded in PDF format.
Article 2 – CONCLUSION OF THE ONLINE CONTRACT
2.1. Order Placement Process
To purchase one or more Products on the site, the Customer selects each Product and adds it to their basket. Once their selection is complete, they must confirm their basket to proceed to the Order (1st click)
At this stage, the Client is redirected to a page containing:
A summary of the selected Products, the corresponding prices, the terms and conditions and the delivery costs. It is then up to the customer to check and possibly correct the contents of their basket.
These General Terms and Conditions. It is his responsibility to read them carefully before confirming the entire Order.
This validation of the Order after checking the basket and reading the T&Cs (2nd click) constitutes conclusion of the Contract and the Customer acknowledges that the 2nd click entails an obligation to pay on their part.
The Customer is then redirected to the payment page. They can choose between the different payment methods offered and proceed to pay for their Order.
After validating their Order and making their payment, the Customer receives a confirmation message from the Company at the email address they provided to create their account. This message contains, in PDF format:
The summary of his order (Product selected, price, terms and delivery costs);
The identification specifies the company Blaue Libelle Ltd INVEST LTD and its activity;
The Order number;
The terms, conditions and withdrawal form;
These T&Cs in PDF format.
If the Order confirmation is not received, the Customer is recommended to contact the Company via the contact form on the site.
The Customer then receives a purchase invoice sent electronically, which the Customer expressly accepts.
The Customer is strongly advised to keep this confirmation message and the purchase invoice which is also sent to him in electronic format since these documents can be produced as proof of the Contract.
2.2 Cases of refusal to validate the Order by the Company
The Company reserves the right to refuse your Order for any legitimate reason, including for example:
Order not in accordance with the T&Cs;
Quantities ordered not corresponding to normal use by a consumer Customer;
Non-payment of a previous Order or pending dispute regarding a previous Order;
Suspicion of fraud on the Order (supported by a bundle of consistent evidence).
Article 3 - PRODUCT SPECIFICATIONS AND AVAILABILITY
3.1 Product Specifications
The essential characteristics of the goods and their respective prices are made available to the Customer on the Company's websites, as well as, where applicable, information on the use of the product.
Although the Company takes reasonable care to ensure that the Specifications are accurate, the Specifications, subject to certain exceptions, such as pricing information, are provided by the Company's suppliers. Accordingly, the Company accepts no liability for any errors that may be contained in the Specifications.
The Specifications are presented in detail and in French. The Parties agree that the illustrations, videos or photos of the Products offered for sale have no contractual value. The validity period of the offer of the Products as well as their prices are specified on the Company's websites.
3.2 Availability of Products
Product offers are valid while stocks last at our suppliers. This Product availability is normally indicated on the specific Product page.
However, to the extent that the Company does not reserve stock (except in special cases of Products indicated as pre-ordered on the Product sheet), adding a Product to the basket does not absolutely guarantee the availability of the Product or its price.
In the event that a Product becomes unavailable after the Customer's Order has been validated, the Company will immediately inform the Customer by email. The Order will be automatically cancelled and the Company will refund the price of the Product initially ordered, as well as any sum paid for the Order.
However, if the Order contains Products other than the one that has become unavailable, these will be delivered to the Customer and the delivery costs will not be refunded.
3.3 Packaging Variability
We are committed to providing our customers with quality products that match the descriptions provided on our website. However, we would like to point out that, exceptionally, the delivered product may come in packaging different from that displayed on our website, due to production constraints or temporary stock shortages.
Please be assured that this packaging change in no way affects the quality, quantity, or effectiveness of the product you receive. The product's composition, benefits, and usage instructions remain the same as those described on our website.
By placing an order on our website, the customer acknowledges and accepts the possibility of receiving their product in different packaging, and understands that this situation, although temporary, is put in place to ensure fast and efficient delivery, without compromising the quality of the product.
We thank you for your understanding and your trust.
Article 4 – PRICE OF PRODUCTS
4.1 Reference prices indicated on the sites
The reference price of the Products offered on the site is the price recommended by the brand, the manufacturer or its official representative. Failing this, it is a price determined based on the prices at which the Product is commonly sold in a range of retailers distributing it. This price is updated as soon as the brand, the manufacturer or its official representative communicates a new recommended price for the Product or as soon as the price practiced within the range of retailers is modified.
4.2 Modification of prices indicated on the sites
Product prices are indicated on the Product description pages. They are indicated excluding tax, customs duties, and shipping costs. The Company reserves the right to modify Product prices at any time, in compliance with applicable legislation.
The Products ordered will be invoiced on the basis of the price in effect on the site at the time the Order is validated.
4.3 Product prices
For Products shipped outside the European Union at the request of Customers, the price of Products sold through the Websites are indicated in Euros excluding taxes (excluding VAT and customs duties) unless otherwise indicated. They are precisely determined on the Product description pages. They are also indicated in Euros excluding taxes (excluding VAT and customs duties), unless otherwise indicated, on the Product Order page, and excluding specific shipping costs.
The prices of the Products do not include import VAT, import taxes or customs duties, which must be paid in addition and will be entirely borne by the Customer, who is liable for these taxes as the recipient of the Product.
The prices of the Product(s) do not include the costs of packaging, conditioning, shipping, transport, insurance and delivery of the Product(s) to the delivery address.
For all products shipped outside the European Union and/or the French Overseas Territories, the price is automatically calculated excluding taxes on the invoice. Customs duties or other local taxes, import duties, or state taxes may be payable in certain cases. The Company has no control over these duties and amounts.
For products shipped from the European Union and if the customer is delivered to the European Union, he purchases a product including taxes including VAT.
Article 5 – PAYMENT OF THE PRICE OF THE PRODUCTS
5.1 Time of payment
Payment of the full price of the Order must be made immediately after validation of the Order.
The Company may, exceptionally, grant payment in installments, particularly in light of the amount to be paid and its knowledge of the Customer concerned. However, the Company is under no obligation to grant such payment terms. In the event of a special situation, the Customer may request this by contacting the Company's Customer Service at the following address: contact@Kurku-ma.com.
5.2 Payment methods
To pay for his Order, the Customer can choose between different payment methods:
Payment by credit card:
Only bank cards linked to a banking institution located in France or international bank cards (Visa, MasterCard, American Express and Maestro) are accepted. The Customer guarantees the Company that he/she has the necessary authorizations to pay with the bank card used. He/she expressly acknowledges that the commitment to pay given by card is irrevocable and that the communication of his/her bank card number constitutes authorization to debit his/her account for the total amount corresponding to the Products ordered. The amount will be debited at the time of validation of the Order.
Payments by credit card are made via a secure payment platform and the bank card information communicated benefits from the SSL encryption process.
Payment via Paypal
Payment by Paypal is accepted up to a limit of €1,000.
It is emphasized that in the event of recourse to this payment method, the General Conditions of Use of Paypal, which are available on their site, are added to these General Conditions of Sale.
Payment by vouchers and/or promotional codes
The vouchers and/or promotional codes issued by the Company may be used to pay for all or part of the Order. These vouchers and/or promotional codes are valid only once. In the event of an attempt to fraudulently use the vouchers and/or promotional codes, the Company may cancel the Order outright.
Generally speaking, in the event of refusal of payment authorization by officially accredited organizations or in the event of non-payment of the Order, the Company reserves the right to suspend and/or cancel said Order.
The Company reserves the right to suspend any payment method at any time, particularly in the event that a payment service provider no longer offers the service used or in the event of a dispute with a Customer concerning a previous Order.
The Company reserves the right to implement an Order verification procedure to ensure that no person uses another person's bank details without their knowledge. As part of this verification, the Customer may be asked to send the Company by email or post a copy of an identity document, proof of address and a copy of the bank card used for payment. Precise information on the exact content of the information requested (to preserve the confidentiality of their data) will be communicated to the Customer in the event of verification. The order will only be validated after receipt and verification of the documents sent.
Article 6 - DELIVERY – CUSTOMS CLEARANCE – RECEIPT
6.1 Delivery
Before confirming the Order, the Company will provide the Customer with information regarding the various delivery methods and their respective rates. Following the Customer's choice of delivery method, the Company will provide the Customer with an estimate of the delivery time.
The Company will make every effort to ensure that the Product(s) are delivered no later than the scheduled delivery date. In the event of any difficulty, the Company undertakes to communicate promptly with the Customer to inform them and seek an appropriate solution with them.
Air transport, shipping and/or delivery of the Product(s) will be fully covered by the Customer ("Delivery Costs"). These delivery costs are included in the final price invoiced to the Customer when placing the Order. However, any customs charges are not included in the price invoiced to the Customer by the Company.
The Buyer is responsible for providing Kurku-ma with correct delivery information. Any order not delivered due to an incorrect address will be billed to the Buyer. Kurku-ma cannot be held responsible for incorrect delivery address entries by the Buyer or for any problems during package delivery.
Furthermore, Kurku-ma will not be responsible for late delivery, loss, or non-delivery of the package. Only the transport service can be held responsible. The Buyer is responsible for making claims in the event of loss, theft, or damage to the package and its merchandise to the carrier. The Buyer must forward the transport company's response to this claim to Kurkku-ma.
In case of confirmation of delivery from our services, and in the absence of a package in the mailbox, the customer has 3 days to inform us and 7 days to go to the post office with the tracking number of the package in order to make the claim and request an official document stamped by La Poste attesting to the non-receipt of the package. This document is essential to allow us to take the necessary measures.
If the carrier's response confirms that the package has been lost, Kurku-ma will resend it free of charge. If the carrier's response to the claim indicates that the package has been delivered to the mailbox, the buyer must provide a sworn statement allowing Kurku-ma to conduct a thorough check. The findings of this investigation may lead to an investigation by the relevant authorities.
Upon delivery, it is the Buyer's responsibility to check the conformity of the order (good condition, correct product references, conformity).
6.2 Customs clearance
For products shipped outside the European Union, upon purchase, the Customer purchases the product tax-free and becomes the importer of the purchased product in their capacity as recipient of the Product.
He is therefore particularly responsible for the import and customs clearance processes of the product with the local customs offices. Depending on the price of his order, he may be asked to pay customs duties (for Products with a customs value exceeding €150).
The Customer is solely responsible for the customs duty declaration process when clearing the Product through customs. These customs duties, which are not invoiced to the Customer by the Company, are not the responsibility of the Company. The latter cannot therefore be held liable for the reimbursement of these duties.
6.3. Reception
Upon receipt of the Product, the Customer undertakes to check that the Product is complete and that it is not damaged.
If an anomaly is found, the Customer must contact the Company's Customer Service within three days (excluding public holidays) following the date of receipt of the Product. Any claim filed after this time limit cannot be processed.
Article 7 – WITHDRAWAL
7.1 Principle and deadline
The Customer has the right to withdraw, without giving any reason, within fourteen (14) calendar days from the date of receipt of his Order. In the event of an Order for several Products, the period starts from the receipt of the last Product.
If the right of withdrawal is exercised within the aforementioned period, the price of the Product(s) purchased and the shipping costs will be refunded, with the return costs remaining the responsibility of the Customer.
7.2 Exclusions
In accordance with the provisions of Articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal cannot be exercised for the following contracts:
Supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;
Supply of goods made to the consumer's specifications or clearly personalized;
Supply of goods liable to deteriorate or expire rapidly;
Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
Supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
Supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by the consumer, within the limit of spare parts and work strictly necessary to respond to the emergency;
The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
For the supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
Concluded at public auction;
7.3 Conditions for exercising the right of withdrawal
To exercise his right of withdrawal, the Client must inform the Company of his intention to withdraw either by completing the standard form, a model of which appears below, or by sending an unambiguous declaration expressing his intention to withdraw within the 14-day period mentioned above.
Standard model of withdrawal form:
To the attention of Blaue Libelle Ltd INVEST LTD, (name of the site concerned), Customer Service, (by email)
I, the undersigned ______, hereby notify you of my withdrawal from the contract for the sale of the Product below:
Product Name:
Date of order and receipt:
Order number:
Withdrawal request tracking number:
Client Name:
Customer Address:
Client Signature: (only if this form is notified on paper)
Date :
This form must be sent by email to: contact@kurku-ma.com
The Customer has 14 days from the sending of the notification of withdrawal to return the Product to the Company in its original packaging, the return costs being the sole responsibility of the Customer.
The Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) to allow them to be resold by the Company. In the event of receipt of opened, used, incomplete, damaged or soiled Products, the Company will not make any refund and may even, if it deems it necessary and appropriate, hold the Customer liable for depreciation of the Product.
In the event of return of the Product under the conditions provided for by law and these General Terms and Conditions, the Company will reimburse the entire amount paid by the Customer, including delivery costs, within 14 days of notification of withdrawal, unless the Product is returned after. In this case, the Company will only reimburse after receipt and verification of the condition of the returned Product.
This refund will be made using the same payment method used by the Customer to pay for the Order, unless the Customer expressly agrees to another payment method. In the event of payment by gift voucher/promotional code, the Customer will be reimbursed either by sending new gift vouchers/promotional codes for an amount identical to that paid in this form.
Special provisions:
In the case of the purchase of a product subject to the purchase of a second product, in the event of the return of this same second product, if you choose not to return the first of the 2, we will deduct its value from your refund.
Article 8 – GUARANTEES
8.1 Legal guarantees
The Company remains liable for defects in conformity of the goods in accordance with the provisions of Articles L.217-4 et seq. of the Consumer Code as well as for hidden defects in the item sold in accordance with Articles 1641 et seq. of the Civil Code.
When acting within the framework of the legal guarantee of conformity (as provided for by Articles L.217-4 et seq. of the Consumer Code), the Consumer Client:
Benefits from a period of 2 years from the date of issue to act
May choose between repair or replacement of the Product, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code
The requirement to provide proof of the existence of the lack of conformity is waived for 24 months following delivery of the goods if the Product is new, and for 6 months following delivery if the Product is sold second-hand.
The Customer may also decide to act under the legal guarantee against hidden defects within the meaning of Article 1641 of the Civil Code; the Customer may choose between cancellation of the sale or a reduction in the price, in accordance with Article 1644 of the Civil Code.
These legal guarantees apply independently of any contractual guarantee.
Reproduction of applicable texts
L.217-4 Consumer Code
"The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been made his responsibility by the contract or carried out under his responsibility."
L.217-5 Consumer Code
“The property complies with the contract:
1° If it is suitable for the use usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or in the labeling;
2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
L.217-9 Consumer Code
"In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate to the other option, taking into account the value of the goods or the extent of the defect. He is then required to proceed, unless impossible, according to the option not chosen by the buyer."
L.217-12 Consumer Code
“The action resulting from the lack of conformity is prescribed after two years from the delivery of the goods.”
1641 of the Civil Code
"The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them."
1648 of the Civil Code
“The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect. […]”
8.2 Manufacturer's Warranty
Certain Products on sale on the Site benefit from a contractual guarantee granted by the supplier or manufacturer of the Product, to which the Company is not a direct party.
The existence of this type of guarantee is mentioned, where applicable, on the specific Product page.
If the Customer wishes to use this guarantee, he/she should notify the Company by contacting Customer Service and should consult the terms of application of the guarantee, which are generally included in the box concerning the Product.
It is recalled that the benefit of the Manufacturer's Warranty does not prevent the application of the legal provisions concerning the legal guarantee of conformity and the legal guarantee of hidden defects.
Article 9 - PROTECTION OF PERSONAL DATA
As part of the commercial relationship, the Company, the data controller, collects a certain amount of mandatory personal data (including, in particular, surname, first name, delivery address, etc., marked with an asterisk) which are absolutely necessary for processing the Order, managing the commercial relationship, producing statistics and complying with the Company's legal and regulatory obligations. They are kept for 5 years from the end of the Contract.
Failure by the Customer to provide this information would make it impossible to process their Order.
This data is intended for internal use by the Company but may be transmitted to companies that contribute to the performance of the service, including in particular those that ensure the delivery of Products or ensure the processing of payments.
Regarding this personal data, the Client has several rights:
Right of access to personal data concerning him/her;
Right to rectification and deletion if personal data is inaccurate, incomplete, ambiguous, out of date or if the collection, use, communication and retention of certain data is prohibited;
Right to limit the processing of data, provided that this request is duly justified and does not prevent the Company from complying with its regulatory and legal obligations;
Right to object to the processing of data (particularly in the case of processing for commercial prospecting)
Right to formulate post-mortem directives concerning the retention, erasure and communication of your personal data
Right to withdraw consent to the performance of certain processing operations (processing operations carried out before the withdrawal of consent remain lawful)
Right to file a complaint with the CNIL.
To exercise his rights, the Client can send a request to the Company, by email to contact@kurku-ma.com
The request must include the Client's email address, surname, first name, postal address and must be accompanied by a copy of both sides of the Client's identity document.
A response will be sent to him within one month of receipt of the request.
Article 10 - INTELLECTUAL PROPERTY RIGHTS
Unless otherwise specifically stated on a Product page, sales of Products on the Site do not entail any transfer of intellectual property on the Products sold.
The trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Company or their initial owner. No transfer of intellectual property rights is made through these General Terms and Conditions.
Article 11 - FORCE MAJEURE
The Company shall not be held liable for failure to perform its obligations hereunder in the event of the occurrence of a fortuitous event or force majeure which prevents its performance. The Company shall notify the customer of the occurrence of such an event as soon as possible.
Article 12 – EXCLUSION OF LIABILITY
Notwithstanding anything to the contrary set out herein, the Company shall not be liable under any circumstances for any loss or damage due to improper use of the Product(s) by the Customer, including in particular any modification or alteration of the Product(s) not authorized by the Company.
Article 13 – SUSPENSION – TERMINATION OF ACCOUNT
The Company reserves the right to suspend or terminate the account of a Client who contravenes the provisions of the General Terms and Conditions, or in general the applicable legal provisions, without prejudice to any damages that the Company may seek.
Any person whose account has been suspended or closed will not be able to order subsequently or create a new account on the Site without the prior authorization of the Company.
Article 14 – ARCHIVING – PROOF
Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
For each Order, the Order summary is sent by email to the Customer and archived on the Company's website.
The archiving of communications between the Company and the Client is carried out on computerized registers which are kept for 5 years under reasonable security conditions. These registers, on which the exchanges are recorded on a reliable and durable medium, are considered as proof of the communications, orders, payments and transactions between the Client and the Company. They may be produced as proof of the Contract.
The archiving of communications, the order, order details, as well as invoices is carried out on a reliable and durable medium in order to constitute a faithful and durable copy in accordance with the provisions of Article 1360 of the Civil Code. This information may be produced as proof of the contract.
The Client will have access to the archived elements upon simple request to the address contact@Kurku-ma.com.
Article 15 - NULLITY AND MODIFICATION OF THE GTC
If any of the provisions of these T&Cs are null and void, they will be deemed unwritten, but will not result in the nullity of all contractual provisions.
Any tolerance on the part of the Company, in the application of all or part of the commitments made within the framework of these General Terms and Conditions, whatever their frequency and duration, cannot constitute a modification of the General Terms and Conditions, nor generate any right whatsoever for the Client.
Article 16 – APPLICABLE LAW AND DISPUTE SETTLEMENT
These T&Cs are subject to French law.
In the event of any difficulty, Customer Service is at your disposal to find an amicable solution.
