1. Preliminary Information

These general terms and conditions of sale, hereinafter referred to as the “Terms”, are entered into between:
On the one hand, (the seller) the sales website www.kimberfeel.com operated by the company SALAC SAS, 227 route des grands bois 74370 Villaz. Share capital of €124,320, registered with the trade register under number 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 geographical areas shown on the website.
These General Terms and Conditions of Sale may be subject to changes; the terms applicable are those in force on the website on the date the order is placed.

These General Terms and Conditions are the only ones applicable between You and the online store www.kimberfeel.com. They replace all other terms, except where expressly agreed otherwise in writing. It is therefore important that you read these terms before placing an order.

2. Purpose and Scope

These general terms and conditions of sale apply to all sales of products (shoes, backpacks, poles and outdoor accessories) carried out by the company SALAC through its sales website www.kimberfeel.com to customers. These General Terms and Conditions may be modified and updated at any time.

3. Products and Prices

3.1. Products
The website sells footwear and outdoor accessories (such as backpacks, poles, etc.) and makes every effort to ensure high-quality presentation and technical explanations. The colors the customer sees on their screen may be influenced by their computer settings; therefore, product images are not subject to contractual liability.
Kimberfeel reserves the right to modify product information on the website.
The customer agrees to consult the technical specifications before purchase to ensure that the product is suitable for its intended use.
The order may be canceled if the product is unavailable. If this occurs, the customer will be contacted to inform them and find a solution.

3.2. Prices
The sales prices displayed on the website are stated in euros, including all French taxes (VAT + eco-participation), excluding shipping costs.
They are guaranteed subject to changes in the French VAT rate.

The store www.kimberfeel.com reserves the right to change its prices at any time without notice. However, products are invoiced based on the prices in force on the website at the time your order is placed. Additional charges related to order delivery, VAT, or any other applicable taxes will be shown in the order summary before placing the order and will also be included in the order confirmation email.

4. Order

4.1. Ordering Process
The buyer places an order on the website www.kimberfeel.com. They agree to be a person declared of legal capacity and/or at least 18 years of age*. They must provide the information requested for the transmission and validation of the order: name, first name, delivery address, billing address, telephone number, email address, etc. The buyer must also select the products on the website and their preferred delivery method, then click “CONFIRM” to complete the order. The customer will receive an automated order confirmation email. This email is proof of purchase summarizing all the details and should be kept. Please note that this email does not constitute acceptance of the order. By confirming the order, the buyer accepts all of these General Terms and Conditions of Sale made available on the website and acknowledges that they have full knowledge of them.

*According to the articles of the Civil Code:
- Article 1145
“Any natural person may enter into a contract except in cases of incapacity provided by law. The capacity of legal entities is limited by the rules applicable to each of them.”

- Article 1146
“The following persons are incapable of entering into contracts, to the extent defined by law:
1° Minors (cf. Article 414: Majority is set at eighteen years of age; at this age, everyone is capable of exercising the rights of which they are the holder)
2° Adults protected under Article 425. (cf. Article 425: Any person who is unable to provide for their own interests due to a medically certified impairment of their mental or physical faculties that prevents them from expressing their will may benefit from a legal protection measure provided for in this chapter.)

4.2. Order Validation
After the order is placed on the website, Kimberfeel receives and processes it. After receipt, Kimberfeel informs the customer that the order is being processed.

4.3. Order Rejection
The brand undertakes to fulfill the orders received subject to available stock. Kimberfeel may be required to cancel orders in certain cases:
- The ordered product is sold out.
- There is an error in the price or description of a product.

If either of these cases 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 Website allows the buyer to pay for their order using various payment methods: debit or credit card (Visa, MasterCard, etc.), PayPal, Apple Pay, Google Pay, or a Kimberfeel gift card. It is not possible to pay in installments on the Website.

The order thus validated by the customer on the Website will only be effective once the central bank card network has given its approval. Once the payment is validated, the buyer will receive a purchase confirmation by email. In the event of a payment delay, particularly a credit card refusal, the order will be canceled.

Payment is made online securely via “e-transaction”. The payment is fully secured thanks to our banking partner and the 3D Secure system. Your banking data is transmitted over the Internet in encrypted form, ensuring full 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 the 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 package tracking number will be sent by email to the customer upon shipment of the order.

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

No delivery will be provided to any country not listed above (No delivery to French overseas territories).

6.2. Delivery
Kimberfeel makes every effort to ensure that delivery times are met, but will not be responsible for delays caused by the carriers. Delivery times 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 product is missing. Any damage must be reported immediately by the customer by making a written reservation on the proof of delivery. Once signed for, claims for opened packages or missing contents cannot be accepted. 

Delivery with signature:
Free service for orders delivered in France over €80; otherwise, the cost is €5.90.
Paid service for orders delivered in 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 business days for France.
Delivery within 3 to 6 business days for Europe.

Delivery without signature:
Free service for orders delivered in France over €80; otherwise, the cost is €4.90.
Paid service for orders delivered in 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 business days for France.
Delivery within 3 to 6 business days for Europe.

Pickup point delivery:
Free service for orders delivered in France over €80; otherwise, the cost is €3.90.
Paid service for orders delivered in 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 business days for France.
Delivery within 3 to 6 business days for Europe.

Any delays do not give the buyer the right to claim damages. The brand cannot be held responsible for the poor performance of delivery services by the carrier.

7. Right of Withdrawal, Returns and Refunds

The return shipping cost of €4.90 is borne by 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 legal 14-day right of withdrawal and an additional 16-day period, for a total of 30 days from the day the buyer receives the product.

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

- Article L221-23
“The consumer returns or restores the goods to the trader or to a person designated by them, without excessive delay and, at the latest, within fourteen days following the communication of their decision to withdraw in accordance with Article L. 221-21, unless the trader offers to collect these goods themselves. The consumer only bears the direct costs of returning the goods, unless the trader agrees to bear them or has failed to inform the consumer that these costs are their responsibility.”

7.2. Returns
The return conditions must strictly be met to be eligible for a refund of the order:
- Items must be returned unworn, clean, and undamaged.
- Returned products must have all their original labels and be in 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 sent back to the customer without a refund being issued.

The seller does not offer product exchanges. If the customer wants a different size or color, they must place a new order.

The procedure to follow: 1. Request the return online. // 2. Print the return form and label received by email. // 3. Pack the product to be returned. // 4. Drop off the package at the nearest access point. // 5. Receipt and inspection of the package at the warehouse. // 6. Refund subject to the 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 non-compliant or defective, they must follow the same procedure as for a normal return. (cf. Returns FAQ)

7.3. Refund
After the product is inspected by the Kimberfeel quality department, the seller will issue the refund to the customer, deducting the €4.90 contribution from the total order amount.

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

The refund will be confirmed 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 warranty covers product non-compliance and hidden defects.

8.1. Product Non-Compliance
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 purpose normally expected of a good of the same type, taking into account, where applicable, any provision of European Union law and national law, as well as all 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 the accessories, including packaging, and the 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 the public statements made by the seller, by any person upstream in the transaction chain, or by a person acting on their behalf, including in advertising or on labeling.”

8.2. Hidden Defects
The brand is also responsible for hidden defects as stipulated by Article 1641 of the French Civil Code:
“The seller is bound by the warranty against hidden defects of the sold item that make it unfit for the purpose for which it is intended, or that so diminish this purpose that the buyer would not have purchased it, or would have given it a lower price, had they 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 keeping the item and having part of the price refunded.”

The consumer benefiting from the warranty may then either request the repair of their product or its replacement if repair is not feasible, or a credit, or a refund, or finally a reduction in the price of the product they keep.

The following damage is not covered by the warranty: Normal wear and tear of the product, Damage resulting from the storage of the product, Natural deterioration of colors and materials over time, Damage resulting from washing or modifying the product, Improper use of the product, Damage resulting from an accidental impact or failure to follow the instructions for use.

9. Liability

Kimberfeel fulfills its obligations under these General Terms and Conditions.

The buyer has certain rights as a consumer. It is their responsibility to take all measures and precautions to ensure that the product they order is suitable for their needs. They must follow the product instructions for use provided by the seller. The seller accepts no liability for damage caused by the buyer's failure to follow the product instructions for use.

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

10. Personal Data

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

Kimberfeel invites the buyer to carefully read the privacy policy because it contains important information on personal data protection 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, logos, pictograms, images, videos, and photographs are the property of Kimberfeel and are protected by copyright. The content of the Website may not be copied. It may not be downloaded, distributed, or transmitted in any way without the prior written consent of Kimberfeel. Modifying or using the content for any other purpose would violate the brand's intellectual property rights.

12. Applicable Law and Disputes

These terms constitute the entire agreement between the seller and the buyer.
The clauses of these terms are severable. If a court or competent authority declares any of them unlawful, the other clauses shall remain in force and full 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 construed in accordance with French law.
If the consumer wishes to file a complaint, they may contact the seller by post or by email. After communication, if the consumer is not satisfied with the seller's response, they will have the option to file a complaint with an appropriate out-of-court dispute resolution body or a mediator, as stipulated by Article L612-1 of the Consumer Code, which reads as follows: "Every consumer has the right to free recourse to a consumer mediator for the amicable resolution of a dispute with a trader. To this end, the trader guarantees the consumer effective recourse to a consumer mediation scheme.
The trader may set up its own consumer mediation scheme or offer the consumer the option of using any other consumer mediator meeting the requirements of this Title.
Where there is a consumer mediator whose jurisdiction extends to all businesses in an economic activity area to which it belongs, the trader shall always allow the consumer to use it.
The procedures by which the mediation process is implemented are specified by a decree of the Council of State."