Terms of sale

GENERAL TERMS AND CONDITIONS OF SALE

Article 1 – GENERAL PROVISIONS – SCOPE

1.1 These General Terms and Conditions of Sale ("the GTC") determine the rights and obligations of the parties in the context of the online sale of Products offered by SARL GROUPE TIVOLI.

1.2 Any Order placed on the website www.kids-wall.com  implies prior and unrestricted acceptance of these General Terms and Conditions of Sale, which are subject to French law. These GTC are therefore an integral part of the Contract between the Customer and the SARL. They are fully enforceable against the Customer who declares having read and accepted them, without restriction or reservation, before placing the Order.

1.3 These GTC apply to any Order placed by an adult individual acting as a consumer. The Customer therefore certifies that he is an individual over 18 years of age, acting for purposes that do not fall within the scope of his commercial, industrial, artisanal, liberal, or agricultural activity. He acknowledges having full capacity to commit when placing an Order and undertakes to provide truthful information about his identity.

1.4 EXCLUSION: Persons acting as professionals, i.e., individuals or legal entities, public or private, acting for purposes falling within the scope of their commercial, industrial, artisanal, liberal, or agricultural activity, including if they act on behalf of or for another professional, are expressly excluded from the scope of these GTC.

Professionals wishing to place an Order with GROUPE TIVOLI are invited to contact us directly.

1.5 The GTC applicable to each Order are those in force on the date of payment or the first payment in case of multiple payments) of the order. The SARL reserves the right to modify them at any time, by publishing a new version on its website. These GTC are available on the website of the SARL at the following address: www.kids-wall.com  and can be downloaded in pdf format.

 

Article 2 – CONCLUSION OF THE ONLINE CONTRACT

2.1. Order process

To purchase one or more Products on the site, the Customer selects each Product and adds it to his basket. Once his selection is complete, he must confirm his basket to proceed to the Order (1st click)

At this stage, the Customer is redirected to a page containing:

A summary of the selected Products, the corresponding prices, the delivery terms, and costs. It is then up to him to check and possibly correct the contents of his basket.  

These GTC. It is his responsibility to read them carefully before validating the entire Order. 

This validation of the Order after checking the basket and reading the GTC (2nd click) constitutes the conclusion of the Contract and the Customer acknowledges that the 2nd click entails a payment obligation on his part.

The Customer is then redirected to the payment page. He can choose between the different payment methods offered and proceeds to the payment of his Order.

After validating his Order and making his payment, the Customer receives, at the email address he provided to create his account, a confirmation message from the SARL. This message contains, in pdf format:

The summary of his order (selected Product, prices, terms, and delivery costs);

The precise identification of GROUPE TIVOLI and its activity;

The Order number;

The terms, conditions, and withdrawal form;

These GTC in pdf format.

In case of non-receipt of the Order confirmation, it is recommended that the Customer contact the SARL via the contact form on the site.   

The Customer then receives an electronic purchase invoice, which the Customer expressly accepts.

It is strongly advised that the Customer keep this confirmation message and the purchase invoice, which is also sent to him in electronic format, as these documents can be produced as proof of the Contract.

 

2.2 Cases of refusal to validate the Order by the SARL

The SARL reserves the right to refuse your Order for any legitimate reason, such as:

Order not in accordance with the GTC;

Quantities ordered not corresponding to normal use by a consumer Customer;

Non-payment of a previous Order or ongoing dispute concerning a previous Order;

Suspicion of fraud on the Order (supported by a set of concordant evidence).

 

Article 3 - SPECIFICATIONS AND AVAILABILITY OF PRODUCTS

 

3.1 Product Specifications

The essential characteristics of the goods and their respective prices are made available to the Customer on the websites of the SARL, as well as, if applicable, information on the use of the product.

Although the SARL reasonably ensures that the Specifications are accurate, said Specifications, with certain exceptions, such as pricing information, are provided by the suppliers of the SARL. Consequently, the SARL disclaims any responsibility for any errors that may be contained in the Specifications.

The Specifications are presented in detail and in French. The Parties agree that illustrations, videos, or photos of Products offered for sale have no contractual value. The validity period of the Product offers and their prices is specified on the websites of the SARL.

 

3.2 Product Availability

Product offers are valid within the limits of available stocks from our suppliers. This availability of Products is normally indicated on the specific Product page.

However, since the SARL does not reserve stock (except in special cases of Products marked as pre-order on the Product sheet), adding a Product to the basket does not guarantee the availability of the Product or its price.

In the event that a Product becomes unavailable after validation of the Customer's Order, the SARL will immediately inform him by email. The Order will be automatically canceled and the SARL will refund the price of the originally ordered Product, as well as any amount paid for the Order.

However, if the Order contains other Products than the one that became unavailable, they will be delivered to the Customer and the delivery costs will not be refunded.

 

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, manufacturer, or its official representative. Failing that, it is a price determined based on the prices at which the Product is commonly sold in a panel of stores distributing it. This price is updated as soon as the brand, manufacturer, or its official representative communicates a new recommended price for the Product or as soon as the price practiced within the panel of stores is modified.

 

4.2 Modification of prices indicated on the sites

The prices of the Products are indicated on the Product description pages. They are indicated inclusive of all taxes. The SARL reserves the right to modify the prices of the Products at any time, in compliance with applicable legislation.

The Products ordered will be invoiced based on the price in force on the site at the time of the Order validation.

 

Article 5 – PAYMENT OF THE PRICE OF PRODUCTS

 

5.1 Time of payment

The payment of the full price of the Order must be made immediately after the validation of the  Order.

The SARL may, exceptionally, grant a payment in several installments, particularly in view of the amount to be paid and the knowledge it has of the Customer concerned. However, the SARL has no obligation to grant such payment terms. In the event of a particular situation, the Customer may request it by contacting the Customer Service of the SARL at the following address contact@kids-wall.com.

 

5.2 Payment methods

To pay for his Order, the Customer can choose between different payment methods:

Payment by credit card:

Only credit cards linked to a bank located in France or international credit cards (Visa, MasterCard, American Express, and Maestro) are accepted. The Customer  guarantees the SARL that he has the necessary authorizations to pay with the credit card used. He  expressly acknowledges that the commitment to pay given by card is irrevocable and that the communication of his credit card number constitutes authorization to debit his account up to the total amount corresponding to the Products ordered. The amount will be debited at the time of Order validation.

Credit card payments are made via a secure payment platform, and the credit card information provided is encrypted using SSL.  

Payment via Paypal:

Payment via Paypal is accepted up to a limit of €1,000.

It is emphasized that in the event of using this payment method, the General Terms and Conditions of Use of Paypal, which are available on their site, are added to these GTC.

Payment by vouchers and/or promo codes

The vouchers and/or promotional codes issued by the SARL can be used to pay all or part of the Order. These vouchers and/or promotional codes are only valid once. In the event of an attempt to fraudulently use vouchers and/or promotional codes, the SARL may proceed with the cancellation of the Order.

In general, in the event of a refusal to authorize payment by officially accredited organizations or in the event of non-payment of the Order, the SARL reserves the right to suspend and/or cancel said Order.

The SARL reserves the right to suspend any of the payment methods 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 SARL reserves the possibility of implementing an Order verification procedure intended to ensure that no one uses another person's bank details without their knowledge. As part of this verification, the Customer may be asked to send by email or by mail to the SARL a copy of an identity document, proof of address, and a copy of the credit card used for payment. Precise instructions on the exact content of the requested information (to preserve the confidentiality of his data) will be communicated to the Customer in case of verification. The order will only be validated after receipt and verification of the documents sent.

 

Article 6 - DELIVERY – CUSTOMS CLEARANCE – RECEPTION

 

6.1 Delivery 

Before validating the Order, the SARL provides the Customer with information regarding the different delivery methods and their respective rates. Following the Customer's choice of delivery method, The SARL provides him with an estimated delivery time.  

The SARL will make every effort to ensure that the Product(s) is/are delivered by the scheduled delivery date. In case of difficulty, the SARL undertakes to communicate quickly with the Customer to inform him and seek an adequate solution with him.

The air transport, shipping, and/or delivery of the Product(s) will be entirely borne by the Customer ("Delivery Costs"). These delivery costs are included in the final price charged to the Customer at the time of the Order. However, any customs fees are not included in the price charged to the Customer by the SARL. 

Depending on the options chosen by the Customer, delivery will be made either to the address provided by the Customer or, if applicable, to a relay point chosen by the Customer from the list of available points. It is therefore the Customer's responsibility to verify the information provided for delivery  since he remains solely responsible in the event of non-delivery due to incomplete or incorrect information.

 

6.2. Reception

Upon receipt of the Product, the Customer undertakes to verify that the Product is complete and not damaged.

In case of an anomaly, the Customer must contact the Customer Service of the SARL within three days (excluding holidays) following the date of receipt of the Product. Any claim filed after the deadline cannot be processed.  

 

Article 7 – WITHDRAWAL

 

7.1 Principle and deadline

The Customer has the right to withdraw, without giving a reason, within thirty (30) calendar days from the date of receipt of his Order. In the case of an Order for several Products, the period runs from the receipt of the last Product.

In the event of exercising the right of withdrawal within the aforementioned period, the price of the purchased Product(s) 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:

For the 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;

For the supply of goods made to the consumer's specifications or clearly personalized;

For the supply of goods likely 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 being delivered and by their nature, are inseparably mixed with other items;

For the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;

For urgent maintenance or repair work to be carried out at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to meet the emergency;

For 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 a public auction;

 

7.3 Modalities of exercising the right of withdrawal

To exercise his right of withdrawal, the Customer must inform the SARL of his intention to withdraw either by filling out the standard form, a model of which is provided below, or by sending an unambiguous declaration expressing his intention to withdraw within the 30-day period mentioned above.

Model withdrawal form:

To the attention of GROUPE TIVOLI, (name of the relevant site), Customer Service, 66 avenue des champs-élysées, 75008, PARIS.

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:

Customer's name:

Customer's address:

Customer's signature: (only in case of notification of this form on paper

Date:

 

This form must be sent to the SARL at one of the following addresses:

For a paper submission, to GROUPE TIVOLI, Customer Service, 66 avenue des champs-élysées, 75008, PARIS.

For an electronic submission, to the address: contact@kids-wall.com

 

The Customer has a period of 30 days from the sending of the notification of his withdrawal to return the Product to the SARL in its original packaging, with the return costs being the exclusive responsibility of the Customer.  

The Products must be returned in their original and complete condition (packaging, accessories,