1. Preliminary information

These general conditions of sale, hereinafter referred to as “Conditions”, are concluded between:
On the one hand , (the seller) the sales site www.kimberfeel.com operated by the company SALAC SAS, 227 route des grands bois 74370 Villaz. With capital of €124,320, registration RC 56 B 37, VAT number FR36325620375. Email address: contact@kimberfeel.com / Telephone: 04.50.60.85.85.
On the other hand , (the buyer) any natural person making a purchase on the website www.kimberfeel.com
Sales will only be accepted in the geographic areas that appear on the site.
These General Conditions of Sale may be subject to modification; the applicable conditions are those in force on the site on the date the order is placed.

These General Conditions are the only ones applicable between You and the sales store www.kimberfeel.com. They replace all other conditions, unless previously waived, expressly and in writing. It is therefore important that you read these conditions before placing an order.

2. Purpose and scope of application

These general terms and conditions of sale apply to all sales of products (shoes, backpacks, poles and outdoor accessories) made by the company SALAC represented by its sales site www.kimberfeel.com to customers. These T&Cs may be modified and updated at any time.

3. Products and Prices

3.1. Products
The site sells footwear and outdoor accessories (such as backpacks, poles, etc.) and makes every effort to ensure the quality of their presentation and technical explanation. The colors that the customer sees on their screen may be influenced by their computer settings, therefore the visuals produced do not fall within the contractual scope.
Kimberfeel reserves the right to modify the information in the product sheets on the site.
The customer agrees to consult the technical data sheets before purchase to ensure that it is compatible with the use for which it is intended.
The order may be cancelled in case of unavailability of the product. If this occurs, the customer will be contacted to inform them and find a solution.

3.2. Price
The sales prices displayed on the site are indicated in euros including all French taxes (VAT + eco participation) excluding participation in shipping costs.
They are guaranteed subject to modification of the French VAT rate.

The www.kimberfeel.com store reserves the right to change its prices at any time and without notice. However, the products are billed on the basis of the rates in effect on the site at the time of registration of your order. Additional costs relating to the delivery of the order and VAT or any other applicable taxes will be indicated on the summary before placing the order and will also be included in the order confirmation email.

4. Order

4.1. Order process
The buyer places an order on the website www.kimberfeel.com. He undertakes to be a person declared capable by law and/or at least 18 years old*. He must provide the information requested for the transmission and validation of the order: name, first name, delivery address, billing address, telephone, email, etc. The buyer must also select the products on the site and the delivery method that suits him and then he must "VALIDATE" to complete this order placement. The customer will receive an automated order notification confirmed by e-mail. This e-mail is proof of purchase summarizing all the details, it must be kept. Please note that this e-mail is not acceptance of the order. By confirming the order, the buyer accepts all of these General Conditions of Sale made available on the website and acknowledges having perfect knowledge of them.

*According to the articles of the Civil Code:
- Article 1145
"Any natural person may contract except in the case of incapacity provided for by law. The capacity of legal persons is limited by the rules applicable to each of them."

- Article 1146
“Are incapable of contracting, to the extent defined by law:
1° Minors (see Article 414: Majority is set at eighteen years of age; at this age, everyone is capable of exercising the rights they enjoy)
2° Protected adults within the meaning of Article 425. (see Article 425: Any person unable to look after their own interests due to a medically confirmed impairment of either their mental or physical faculties of a nature to prevent them from expressing their will may benefit from a legal protection measure provided for in this chapter.)

4.2. Validation of the order
After placing the order on the site, Kimberfeel receives it and processes it. After receipt, Kimberfeel informs the customer of the processing of the order.

4.3. Refusal of the order
The brand undertakes to honor orders received within the limit of available stocks. Kimberfeel may be required to cancel orders in certain cases:
- The ordered product is out of stock.
- An error in the price or description of a product.

If either case occurs, the buyer will be contacted by email or telephone as soon as possible to offer a replacement product or a refund.

5. Payment and security

This Site allows the buyer to pay for their order using different payment methods: Debit or credit card (Visa, MasterCard, etc.), Paypal, Appel Pay, Google Pay or by Kimberfeel gift card. It is not possible to pay in installments on the Site.

The order thus validated by the customer on the Site will only be effective when the central bank card network has given its agreement. Once the payment has been validated, the buyer will receive a purchase confirmation by e-mail. In the event of any delay in payment, in particular refusal of bank card, the order will be cancelled.

Payment is made online securely by "e-transaction". Payment is fully secure thanks to our banking partner and the 3D Secure system. Your banking data circulates on the Internet in encrypted form, guaranteeing total protection, and cannot be read by third parties.

All payments are subject to security checks, therefore the seller reserves the right to contact the customer and verify their identity or order information.

6. Shipping and Delivery

6.1. Shipping
The seller undertakes to process orders within 24 to 48 hours from Monday to Friday. The goods are shipped from the warehouse located in France. A tracking number for the package will be sent by email to the customer when the order is shipped.

For fast and secure delivery, Kimberfeel works with GLS & Colissimo partners. Several choices are available to the buyer: at home without signature, at home with signature or at a relay point close to the buyer.
Accepted delivery countries: Metropolitan France, Corsica, Germany, Spain, Italy, Austria, Belgium, Luxembourg, Portugal, the Netherlands.

No delivery to a country not listed above will be guaranteed (No delivery to the French overseas departments and territories).

6.2. Delivery
Kimberfeel makes every effort to ensure that delivery times are respected, but will not be responsible for any extensions to deadlines that may be the responsibility of carriers. Deadlines may be extended during periods of high demand (sales, etc.), strikes or bad weather.
At the time of delivery, the customer agrees to check that the packaging is intact and that no products are missing. Any damage must be immediately reported by the customer by means of a written reservation on the proof of delivery. Once signed, claims for opened packages or missing contents cannot be taken into account.

Delivery with signature:
Free service for orders delivered to France over €80, otherwise the amount is €5.90.
Paid service for orders delivered to Europe. Shipping costs may vary depending on the weight of the package and will be displayed in the cart before payment.
Delivery within 2 to 4 working days for France.
Delivery within 3 to 6 working days for Europe.

Delivery without signature:
Free service for orders delivered to France over €80, otherwise the amount is €4.90.
Paid service for orders delivered to Europe. Shipping costs may vary depending on the weight of the package and will be displayed in the cart before payment.
Delivery within 2 to 4 working days for France.
Delivery within 3 to 6 working days for Europe.

Delivery to relay point:
Free service for orders delivered to France over €80, otherwise the amount is €3.90.
Paid service for orders delivered to Europe. Shipping costs may vary depending on the weight of the package and will be displayed in the cart before payment.
Delivery within 2 to 4 working days for France.
Delivery within 3 to 6 working days for Europe.

Any delays do not entitle the buyer to claim damages. The brand cannot be held responsible in the event of poor performance of delivery services by the carrier.

7. Right of withdrawal, Returns and Refunds

The return costs of €4.90 are the responsibility of the customer and will be automatically deducted from the refund amount, subject to acceptance of the return by the after-sales service.

The return period consists of two parts: the statutory 14-day right of withdrawal and an additional 16-day period, making a total of 30 days from the day the buyer receives the product.

7.1. Right of withdrawal
- Article L221-18
"The consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded remotely, following telephone or off-premises canvassing, without having to justify his decision or bear costs other than those provided for in Articles L. 221-23."

- Article L221-23
"The consumer shall return or restore the goods to the professional or to a person designated by the latter, without undue delay and, at the latest, within fourteen days following the communication of his decision to withdraw in accordance with Article L. 221-21, unless the professional offers to recover these goods himself. The consumer shall only bear the direct costs of returning the goods, unless the professional agrees to bear them or if he has failed to inform the consumer that these costs are his responsibility."

7.2. Returns
The return conditions must be met to be eligible for a refund of the order:
- Items must be returned unworn, clean and undamaged.
- Returned products must have all original tags attached and must have their original, undamaged packaging, including the Kimberfeel box.
- The return shipping label must be affixed to the package and not to the Kimberfeel box.

If the buyer's return does not comply with the seller's return policy, it will be refused. The product will be returned to the customer without issuing a refund.

The seller does not offer product exchange. If the customer wants a change of size or color then he will have to reorder.

The procedure to follow: 1. Make the return request online. // 2. Print the return form and the label that the buyer will receive by email. // 3. Pack the product that the customer is going to return. // 4. Drop off the package at the nearest access point. // 5. Receive the package at the warehouse and analyze it. // 6. Refund subject to application of the conditions.

Upon receipt of the prepaid return label, the buyer has 7 days to reship the package.

If the product received by the customer is not compliant or defective, the same procedure must be followed as for a normal return. (see Return FAQ)

7.3. Reimbursement
After checking the product by the Kimberfeel quality department, the seller will refund the customer by deducting the contribution of €4.90 from the total amount of the order.

As a reminder, the brand reserves the right to refuse a return and therefore a refund if the product is incomplete, damaged, worn, etc. The customer will then be contacted by telephone or email to inform them.

The refund will be confirmed to you by email and may take up to 14 days.

8. Warranty

Kimberfeel offers the buyer a 2-year warranty from the date of purchase of the product.
The legal guarantee covers non-conformity of the product and hidden defects in the product.

8.1. Non-conformity of the product
As a reminder, the product is compliant if it meets the following criteria:
Article L217-5 of the Consumer Code:
"- It is fit for the use normally expected of a good of the same type, taking into account, where appropriate, any provisions of European Union and national law and any technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;
- It possesses the qualities that the seller presented to the consumer in the form of a sample or model, before the conclusion of the contract;
- It is delivered with all accessories, including packaging, and installation instructions that the consumer can legitimately expect;
- It corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, having regard to the nature of the good as well as to public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labelling.

8.2. Hidden defects
The brand is also responsible for hidden defects as stipulated in Article 1641 of the French Civil Code:
"The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them."

Article 1644 of the French Civil Code:
"In the case of Articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded, or of keeping the item and having part of the price refunded."

The consumer benefiting from the guarantee can then either request the repair of his product or its replacement if repair is not possible, or a credit note, or a refund, or finally a reduction in the price of the product he keeps.

The following damages are not covered by the warranty: Normal wear and tear of the product, Damage resulting from storage of the product, Natural alteration of colors and materials over time, Damage resulting from washing or modification of the product, improper use of the product, Damage resulting from accidental impact or failure to follow the instructions for use.

9. Liability

Kimberfeel performs its obligations under these T&Cs.

The buyer has certain rights as a consumer. It is up to him to take all measures and precautions to ensure that the product he orders is suitable for his needs. He must follow the instructions for use that the seller gives regarding the product. The seller declines all responsibility for damage caused by the buyer's failure to follow the instructions for use of the product.

The company will not be liable for non-performance of the contract concluded in the event of stock shortage, force majeure, disruption or total or partial strike, in particular of postal services and means of transport and/or communications, flooding, fire.

10. Personal Data

SALAC, as the owner of the processing of the buyer's personal data and in accordance with the applicable legislation on the protection of personal data (GDPR "General Data Protection Regulation" - Regulation (EU) 2016/679 of the European Parliament) recognizes the importance of the protection of personal data.

Kimberfeel invites the buyer to read the privacy policy carefully as it contains important information on the protection of personal data and on the security measures adopted to ensure confidentiality in full compliance with the Regulations in force.

11. Intellectual Property

All content such as texts, visuals, graphics, logo, pictograms, images, videos, photographs, are the property of Kimberfeel and are protected by copyright. The content of the Site may not be copied. It may not be downloaded, distributed or transmitted in any way without the prior written consent of Kimberfeel. Modification or use of the content for any other purpose would violate the intellectual property rights of the brand.

12. Applicable Law and Disputes

These Terms constitute the entire agreement between Seller and Buyer.
The provisions of these Terms are autonomous. If any court or competent authority declares any of them to be unlawful, the other provisions will remain in full force and effect. These Terms, as well as any dispute or claim arising out of or relating to them, their subject matter or their formation, are governed by and interpreted by French law.
If the consumer wishes to file a complaint, he/she may contact the seller by post or by e-mail. After discussions, the consumer who is not satisfied with the seller's response will have the possibility of filing a complaint with an appropriate out-of-court dispute resolution body or a mediator as stipulated in Article L612-1 of the Consumer Code, which reads as follows: "Any consumer has the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of the dispute between him/her and a professional. To this end, the professional guarantees the consumer effective recourse to a consumer mediation system.
The professional may set up his own consumer mediation system or offer the consumer recourse to any other consumer mediator meeting the requirements of this title.
Where there is a consumer mediator whose competence extends to all companies in a field of economic activity to which he belongs, the professional always allows the consumer to have recourse to him.
The terms and conditions under which the mediation process is implemented are specified by decree in the Council of State.