General Terms and Conditions of Sale and Customer Information

Table of contents

  1. Scope of the contract

  2. Conclusion of contract

  3. Right of withdrawal

  4. Prices and terms of payment

  5. Terms and conditions of delivery

  6. Legal guarantees for products and products with digital elements

  7. Special conditions for the processing of goods to certain customer specifications

  8. Collection of promotional vouchers

  9. Collection of gift vouchers

  10. Applicable law and jurisdiction

  11. Out-of-court settlement of disputes

A) Scope of application

A.1 These General Terms and Conditions of Sale (GTCS) apply to all contracts concluded between a consumer or business customer and King Malal SAS, located 26, rue Victor Schoelcher MULHOUSE 68200, Tel: +33 658 781 732, E-mail: contact@kingmalal.com (hereinafter referred to as the ‘Seller’) concerning the products and/or services offered by the Seller in its online shop. These GTC cancel any conditions imposed by the customer, unless otherwise agreed in writing.

A.2 For the purposes of these GTC, a consumer is any natural person who is acting for purposes that do not fall within the scope of their commercial, industrial, craft or liberal profession activity. The term ‘professional’ used in these GTCS refers to a natural person or legal entity, whether public or private, who is acting, including through the intermediary of another person acting in his name or on his behalf, for purposes which fall within the scope of his commercial, industrial, craft or liberal profession activity.

In these GTC, the term ‘customer’ refers to both a consumer and a professional.

A.3 These GCS also apply to contracts for the delivery of vouchers, unless expressly stipulated otherwise.

A.4 These GTC also apply to contracts for the supply of goods containing digital elements, unless otherwise agreed. In this case, the seller is obliged, in addition to delivering the goods, to provide digital content or digital services (hereinafter referred to as ‘digital products’) which are contained in the goods or linked to the goods in such a way that the goods cannot fulfill their functions without them.

A.5 These GTC also apply to contracts for the supply of physical data carriers which serve exclusively as a medium for digital content, unless otherwise agreed. Digital content within the meaning of these GTC is data that is created and made available in digital form.

B) Conclusion of the contract

B.1 The product descriptions published in the Seller's online shop represent binding offers from the Seller which the Customer accepts by placing an order. These may be accepted by the Customer in accordance with the process described below.

B.2 The Customer may place an order after asking for the RfQ by telephone, letter, or e-mail. When placing an order in accordance with the content of the RfQ, the seller will send the customer an acknowledgement of receipt (by post or electronically) of the order.

B.4 The text of the contract is archived by the seller and a copy is sent to the customer together with these GTC. This transmission takes place when the order is sent in text form (e-mail, or letter). This document is also archived on the seller's server and can be requested free of charge by the customer.

B.5 Only the French language is binding for the conclusion of the contract. An English translation can be provided.

B.6 Orders are processed and contact made by e-mail. It is the Customer's responsibility to ensure that the e-mail address provided is correct for order processing purposes and so that the Customer can receive e-mails sent by the Vendor. In addition, the customer must also ensure, if spam filters are used, that all e-mails sent by the seller itself or by third parties responsible for processing the order can be received.

B.7 If the customer selects a payment method offered by PayPal, the payment will be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (‘PayPal’), subject to PayPal's terms of use, which can be viewed at (https://www.paypal.com/fr/webapps/mpp/ua/useragreement-full), or if the customer does not have a PayPal account - subject to the terms of payment without a PayPal account, which can be viewed at https://www.paypal.com/fr/webapps/mpp/ua/privacywax-full.

C) Right of withdrawal

Consumer customers have a 14 days right of withdrawal, according to articles L221-23 et seq., L242-1 to 4 and R221-3 of the French Consumer Code. Professionals may exercise their right of withdrawal under the conditions set out in article L121-16-1 of the French Consumer Code. 

D) Prices and payment terms

D.1 Unless otherwise stipulated in the product descriptions published by the seller, the prices indicated by the seller are final prices in euros, inclusive of all taxes. They therefore include value added tax (VAT). However, additional delivery and shipping costs may apply. Where applicable, these will be expressly indicated in the contract.

D.2 Deliveries to countries outside the European Union may incur additional costs for which the Customer is responsible and for which the Seller is not liable. These include, for example, costs associated with money transfers by credit institutions (transfer costs, exchange costs) and import charges or taxes (customs duties). Such costs may also be incurred in connection with a money transfer if the delivery takes place in a country belonging to the European Union, but the Customer makes the payment from a country outside the European Union.

D.3 If advance payment is agreed, it must be made immediately after the contract has been concluded.

D.4 If payment is made via the payment method offered by PayPal, the payment will be processed by the payment service provider PayPal (Europe) S.a. r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as ‘PayPal’), in accordance with the PayPal general terms and conditions, which are available on the https://www.paypal.com/fr/webapps/mpp/ua/useragreement-full website. If the Customer does not have a PayPal account, the conditions of payment without a PayPal account shall apply, available on the https://www.paypal.com/fr/webapps/mpp/ua/privacywax-full website.

D.5 If the credit card payment method via Stripe is preferred, the invoice amount shall be due immediately upon conclusion of the contract. Payment shall be processed by the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as ‘Stripe’). Stripe reserves the right to carry out a credit check and to refuse this method of payment in the event of a negative credit check.

E) Terms of delivery

E.1 Goods will be delivered regularly by post to the address indicated by the Customer, unless otherwise agreed. The delivery address shown on the order processed and managed by the seller is the reference address for the execution of the transaction.

E.2 If the transport company returns the goods to the seller due to the impossibility of delivering them to the customer, the costs incurred as a result of the failed shipment will be charged to the customer. However, this shall not apply if the customer has correctly exercised his right of withdrawal, if the customer is not responsible for the circumstances which led to the impossibility of handing over the goods, or if he has been temporarily prevented from taking delivery, unless the seller has notified him in advance of a reasonable delivery date.

E.3 The seller reserves the right to make deliveries in several instalments within reasonable limits. No additional costs will be charged to the Customer unless delivery in several instalments has been expressly requested by the Customer. In the latter case, the seller reserves the right to invoice the customer for the additional delivery costs.

E.4 In the case of goods delivered by a transport company, delivery is made ‘free domicile’, i.e. to the nearest public kerbside to the delivery address, unless otherwise indicated in the shipping information in the seller's online shop and unless otherwise agreed.

E.5 In the event of non-performance of the contract by the seller as a result of the unavailability of the goods, the customer will be informed and reimbursed without delay and at the latest within thirty days of payment.

E.6 The risk of loss of or damage to the goods is transferred to the customer when the customer, or a third party designated by the consumer customer itself and other than the carrier proposed by the seller, takes physical possession of the goods. If the customer is a professional, the risk of loss or damage is transferred to the customer when the goods are handed over to the carrier.

E.7 If the customer is a professional, the seller reserves the right to cancel the contract in the event of incorrect or inappropriate delivery by its suppliers. This only applies if the seller is not responsible for the faulty delivery and the seller, exercising due care, has entered into a specific compensation agreement with the supplier. The seller is obliged to make every reasonable effort to obtain the goods from its suppliers. In the event of total or partial unavailability of the goods, the customer will be informed immediately and reimbursed as soon as possible.

E.8 In the event of collection by the customer, the seller will inform the customer by e-mail that the goods ordered are ready for collection. Following receipt of the e-mail, the customer may collect the goods from the seller's registered office, in agreement with the seller. In this case, the shipping costs will not be charged to the customer.

E.9 Vouchers are made available to the customer in the following ways:

  • by e-mail

  • by post

  • by fax

  • by download

F) Legal guarantees for products and products with digital elements

F.1 If the Customer is a consumer:

F.1.1 The customer has a period of two years from the date of delivery of the goods in which to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During this period, the customer is only required to establish the existence of the lack of conformity and not the date of its appearance.

F.1.2 Where the contract for the sale of the goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal guarantee applies to this digital content or digital service throughout the period of supply provided. During this period, the customer is only required to establish the existence of the lack of conformity affecting the digital content or the digital service and not the date of its appearance.

F.1.3 The legal guarantee of conformity implies an obligation on the part of the seller, where applicable, to provide all updates necessary to maintain the conformity of the goods.

F.1.4 The legal guarantee of conformity entitles the customer to repair or replace the good within thirty days of its request, free of charge and without any major inconvenience for the customer.

F.1.5 If the good is repaired under the legal conformity guarantee, the customer benefits from a six-month extension of the initial guarantee.

F.1.6 If the Customer requests that the goods be repaired, but the Vendor requires them to be replaced, the Legal Conformity Guarantee shall be renewed for a period of two years from the date of replacement of the goods. The customer may obtain a reduction in the purchase price by keeping the goods, or terminate the contract by obtaining a full refund in exchange for the return of the goods, if :

  • The seller refuses to repair or replace the goods;

  • The goods are repaired or replaced after a period of thirty days;

  • The repair or replacement of the good causes a major inconvenience to the customer, in particular if the customer definitively bears the costs of taking back or removing the non-conforming good, or if the customer bears the costs of installing the repaired or replacement good;

  • The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity. The customer also has the right to a reduction in the price of the goods or to rescission of the contract if the lack of conformity is so serious that it justifies immediate reduction in the price or rescission of the contract. In such cases, the customer is not obliged to request repair or replacement of the goods beforehand.

F.1.7 The Customer is not entitled to rescind the sale if the lack of conformity is minor.

F.1.8 Any period during which the goods are immobilised for repair or replacement suspends the warranty that was in force until delivery of the repaired goods.

F.1.9 The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the French Consumer Code.

F.1.10 Any seller who obstructs the implementation of the Legal Conformity Guarantee in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales (article L. 241-5 of the French Consumer Code).

F.1.11 The Customer also benefits from the legal guarantee against hidden defects in application of articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the customer to a price reduction if the good is kept or to a full refund in return for the return of the good.

F.2 Procedure for exercising guarantees

F.2.1 In order to exercise their warranties, customers must contact the seller in order to define the procedures for exercising the warranty.

F.2.2 In the case of returns by post, upon receipt of the product by the seller, the latter will examine the product in order to determine whether the alleged defect or malfunction is covered by a legal or commercial warranty.

F.2.3 In the event that the return is deemed compliant by the seller, the latter will proceed:

  • Under the legal guarantee: either repair or replacement, or failing this, a reduction in the price or cancellation of the contract.

  • Under the commercial guarantee: the customer may benefit from the rights provided by the seller.

F.2.4 The Customer is free to choose a different method of sending the product from those proposed by the Vendor. In this case, the costs will be borne by the customer. They are also free to choose whether or not to take out insurance in the event of loss, theft or destruction of their parcel.

F.2.5 Finally, the customer is responsible for the packaging of their product, which must be such that the product can travel without risk of breakage or damage.

F.3 The mandatory legal information informing consumers on how to make use of their legal guarantees can be consulted here: https://www.economie.gouv.fr/dgccrf/Publications/Vie-pratique/Fiches-pratiques/Les-garanties-legales

G) Special conditions for the processing of goods according to certain customer specifications

G.1 If, according to the terms of the contract, in addition to the delivery of the goods, the seller is also to process the goods in accordance with certain instructions from the customer, the customer must make available to the seller all the elements required for processing, such as texts, images or graphics in the file formats, layouts, image and file sizes specified by the seller and grant the seller the necessary rights of use for this purpose. The customer is solely responsible for obtaining and acquiring the rights to these elements. The customer declares and assumes responsibility for possessing the right to use the elements made available by the seller. In particular, he/she shall ensure that the rights of third parties are not infringed, in particular copyright, trademark and personality rights.

G.2 The customer shall indemnify the seller against any claims by third parties against the seller in connection with an infringement of their rights resulting from the contractual use of the customer's content by the seller. In this context, the customer shall also bear the costs necessary for legal defence, including all legal and attorney's fees up to the legal amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the seller with all the information necessary for the examination of the claim and for a defence, without delay and in a truthful and complete manner.

G.3 The seller reserves the right to refuse orders for processing if the content transmitted by the customer for this purpose infringes legal or official prohibitions or public morality. This applies in particular to the provision of content that is unconstitutional, racist, xenophobic, discriminatory, abusive, harmful to young people and/or promotes violence.

H) Collection of promotional vouchers

H.1 Vouchers with a limited period of validity issued free of charge by the seller as part of advertising campaigns which cannot be purchased by the customer (hereinafter referred to as ‘promotional vouchers’) are only valid in the seller's online shop and only within the period indicated on the voucher.

H.2 Certain products may be excluded from the promotional campaign, but only if this restriction is explicitly stated on the promotional voucher.

H.3 Only one promotional voucher may be used per order.

H.4 Promotional vouchers may only be used before the end of the order process. They cannot be offset or reduced at a later date.

H.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be reimbursed by the seller.

H.6 If the value of the promotional voucher is not sufficient to cover the entire order, the customer may choose to pay the difference using the other payment methods offered by the seller.

H.7 The value of the promotional voucher cannot be paid in cash and will not earn any interest.

H.8 The promotional voucher will not be reimbursed if the customer exercises his/her legal right of withdrawal and returns the goods paid for in full or in part with the promotional voucher.

H.9 The promotional voucher is for the exclusive use of the person named on it. The promotional voucher may not be transferred to third parties. The seller has the right, but not the obligation, to verify the material entitlement of the voucher holder.

I) Collection of gift vouchers

I.1 Vouchers that can be purchased via the Seller's online shop (hereinafter referred to as ‘gift vouchers’) may only be redeemed in the Seller's online shop, unless otherwise indicated on the voucher.

I.2 Gift vouchers and their remaining balance may be used until the end of the third year following the year of purchase. The remaining balance will be credited to the customer until the expiry date of the vouchers.

I.3 Only one gift voucher may be used per order.

I.4 Gift vouchers can only be used before the end of the order process. Subsequent redemption is not possible.

I.5 Gift vouchers may only be used for the purchase of goods and not for the purchase of other gift vouchers.

I.6 The value of the gift voucher cannot be paid in cash and will not earn any interest.

I.7 If the value of the gift voucher is not sufficient to cover the entire order, the Customer may choose to pay the difference using the other methods of payment offered by the Seller.

I.8 The gift voucher is intended for the exclusive use of the person named on it. The gift voucher may not be transferred to third parties. The Seller has the right, but not the obligation, to verify the material right of the holder of the voucher.

J.) Applicable law and jurisdiction

J.1 If the Customer is a consumer within the meaning of Article A.2, any legal relationship between the contracting parties shall be governed by the law of the country in which the Customer has his or her habitual residence, to the exclusion of the international commercial law of the United Nations. The place of jurisdiction for any dispute arising in connection with this contract shall be exclusively that of the Customer's habitual residence.

J.2 If the Customer is a professional within the meaning of Article A.2, any legal relationship between the contracting parties shall be governed by the law of the country in which the seller has its registered office, to the exclusion of the international commercial law of the United Nations. The sole place of jurisdiction for any dispute arising in connection with this contract shall be the seller's registered office.

K.) Alternative dispute resolution

K.1 The European Commission provides an online alternative dispute resolution platform at the following link: https://ec.europa.eu/consumers/odr

With a view to settling disputes with a seller, consumers have the option of using mediation via this European platform.

K.2 No branches in other EU countries

In accordance with the provisions of the Consumer Code, an amicable settlement also applies to cross-border consumer disputes. If the customer wishes to make use of this mediation service, they can consult the website of the Commission d'évaluation et de contrôle de la médiation de la consommation (http://www.economie.gouv.fr/mediation-conso/commission).

This website provides contact details for the European Consumer Centre in France and details of the assistance available to consumers for the out-of-court settlement of such cross-border disputes.

If the customer wishes to use the mediation service in the event of a dispute with the seller, he must first contact the seller in writing. The ombudsman service can only be contacted if an agreement with the seller has not been reached.