General terms and conditions of sale

1 – GENERAL INFORMATION 


 

1.1 These general terms and conditions of sale (hereinafter “GTC”) apply to all physical and material products made available to the public on the website of the company SNA GZ (hereinafter “the Company”) identified under the domain name https://kalika.shop/ (hereinafter “the Site”), namely phonograms (in CD, vinyl, etc. formats), videograms (DVD, Blu-Ray, etc.) and so-called “merchandising” products (clothing, bags, posters, accessories, stationery products, etc.) and any other so-called “derivative” products (hereinafter collectively “the Products”). 


 

1.2 The sale of Products on the Site is reserved for individuals of legal age or minors with legal capacity (holders of parental or guardian authorization) for so-called “retail” orders. Products purchased on the Site are intended for the personal use of Customers, excluding any professional use of said Products, particularly through resale. 


 

1.3 Each person who has made or is in the process of making a purchase on the Site is hereinafter referred to as “the Customer” for the purposes of proper understanding of these terms and conditions. 



 

2 – APPLICATION OF THE TERMS AND CONDITIONS OF SALE 


 

2.1 These General Terms and Conditions of Sale (GTC) come into effect as soon as the Customer places an order under the conditions of Article 4 below. The Customer therefore undertakes to consult these GTC and to accept them explicitly, without restriction or reservation, by ticking the box provided for this purpose in accordance with Article 4.2 below, prior to registering the order in question. 


 

2.2 The Company reserves the right to modify, at any time, all or part of the General Terms and Conditions, which prevail, unless otherwise specified by the Company, over all other documents or conditions, which the Client expressly acknowledges and accepts. 


 

2.3 The terms and conditions applicable to a given purchase will be those published on the Site at the time of registration of the corresponding order. 



 

3 – CREATING A CUSTOMER ACCOUNT 


 

3.1 To place an order on the Site, the Customer must create a personal account on the Site by accurately completing the account creation form provided for this purpose and by providing certain information and data about themselves to identify them for the purposes of this order. This personal account will be created for each Customer upon their first purchase on the Site. 


 

As part of the registration process, the Client provides the Company with the following information: 


 

Name / Surname / Company name 

Civility 

Email Address / Username 

Shipping address / Billing address 

Login password 


 

All this information is required to create the account. Please refer to Article 10.3 regarding the personal data relating to the Client collected by the Company. 


 

3.2 Any duly completed account creation request is sent to the Company, which acknowledges receipt by email and enables the activation of a customer account (hereinafter “the Customer Account”). 


 

3.3 The Customer is solely responsible for maintaining the confidentiality of their password and username, as well as for any orders placed through their Customer Account. The Customer will therefore also be solely responsible for any consequences arising from the disclosure of this data to a third party. Furthermore, the Customer agrees that the information provided when creating this account will be accurate, complete, and regularly updated in their Customer Account. The Company shall not be held liable in any way for the use of incorrect information in the Customer Account. 



 

4 – ORDERS 


 

4.1 Orders can be placed worldwide. Any order placed by a customer residing outside of France will be processed in accordance with these Terms and Conditions, subject to any other applicable laws in the country where the customer placing the order is domiciled. 


 

4.2 The Customer wishing to place an order agrees to comply with the following procedure, which consists of: 

- to identify oneself on the Service by logging into one's Customer Account; 

-select the desired Product(s) (by specifying the desired size(s) and quantity) by clicking on the “Add to cart” icon; 

- click on the “View my basket” icon to view your order summary showing the details of the selected Products, the price of each Product as well as the total price including all taxes of your Order); 

- Click on the “Proceed to payment” icon; 

- Provide your delivery address if it has not already been registered during the creation of the Customer Account as provided for in Article 3 above; 

- select your delivery method; 

- proceed to payment of your order by clicking on the "Proceed to payment" link or any other link indicating that placing an order obliges you to pay for it. 


 

Between the actual payment of his order and its confirmation, the Customer will have the possibility to delete or modify his order at any time, in particular with regard to the choice of Products selected, which the Customer may add or delete and/or the information communicated by him for identification purposes (including billing and/or delivery address). 


 

Any confirmation of payment requires acceptance of these Terms and Conditions, which the Customer undertakes to validate, after having read them in full, by ticking the box provided for this purpose. 


 

4.3 Payment for the order is made online by credit card (Visa, American Express, MasterCard, or any other debit card), or by any other secure online payment method that will be subsequently chosen by the Company and indicated to the Customer during the order payment process. In this regard, the Customer must provide the following information regarding their bank details: 

- the bank card number; 

- the expiry date of said bank card; 

- the visual cryptogram of said bank card. 

All this information is mandatory for order registration. Please refer to Article 10.3 concerning the personal data relating to the Customer collected by the Company. 


 

The amount of each order will be debited by the Company before shipment. This total amount due is that shown on the order summary page and on the order confirmation sent to the Customer. The Products ordered remain the sole property of the Company until the Customer receives full payment of the corresponding order amount. 


 

4.4 The Customer definitively validates their order when they proceed with payment. The data recorded by the Company constitutes proof of the nature, content, and date of the order. Each order is archived by the Company. The Customer may access this archive by submitting a written request to the Company's Customer Service (sav.dtoc@sna-gz.com ). 


 

4.5 The Company will confirm the Customer's order registration by sending a confirmation email to the email address provided by the Customer. This confirmation will include the order number, a description of all the Products concerned, the unit purchase price including all taxes for each Product, the total amount excluding and including taxes of the order, the country of delivery, and the amount excluding and including taxes of the shipping costs, and the applicable VAT rate and amount. 


 

The sending of a confirmation email by the Company definitively validates the Customer's Order. However, the Company reserves the right to refuse or cancel an order received from a Customer in the following cases: 

- dispute(s) having previously occurred with the Client relating in particular to the payment of a previous order; 

- Refusal of payment authorization for the order from banking institutions. 

Furthermore, in the event that the Company is unable to fulfill the order placed by the Customer, the Company will inform the Customer by email as soon as possible and will proceed with the refund, provided that it has already received payment. 


 

4.6 The Order confirmation email that the Company sends to the Customer in accordance with this Article 4 contains a link to log in to their account to download the corresponding invoice. This email also indicates an estimated delivery date. 



 

5 – PRICE 


 

5.1 The price of the Products listed on the Site is indicated in euros, inclusive of all taxes, but excluding shipping costs. The applicable VAT will be that in force under French law at the time the order is registered. The VAT amount is specified on the order form, the invoice, and during the checkout process, along with the description of the Product(s) selected by the Customer, their respective prices, shipping costs, and the total order amount. 


 

5.2 The Company reserves the right to freely modify its prices at any time. 

The Products ordered are invoiced on the basis of the price in effect, as shown on the Site's offer at the time the corresponding order is registered. 


 

5.3 For all Products shipped outside of France, customs duties, import duties, or other taxes may apply. Any administrative formalities required with foreign authorities for these imports, as well as the payment of any sums due, remain the sole responsibility of the Customer. The price paid by the Customer does not include these potential charges. 


 

Full payment of the price entails the transfer of ownership of the Products to the Client. 



 

6 – DELIVERY 


 

6.1 The Products are delivered to the address provided by the Customer as registered on the Site when creating their customer account and registering their first order. 


 

It is specified that for an order including different Products, all of these Products can only be delivered to one single address. 


 

6.2 Available Products are shipped within 3 to 5 days of the Company receiving payment. Delivery times are then as specified below. 


 

6.3 The following delivery methods are offered to the Customer: 


 

* Home delivery: 

An average delivery time of 2 to 15 days should be expected, depending on the delivery destination. If the customer is absent and the package is too large to fit in the mailbox, it will be available at the customer's local post office. The customer has 15 consecutive days from the package's arrival at the post office to collect it. After this period, it will be returned to the company and cannot be reshipped. 

 


 

* Delivery to a collection point: 

An average delivery time of 2 to 15 business days should be expected, depending on the delivery destination. The choice of collection point is made after payment of the order; however, if the collection point is not specified by the Customer at this stage, the Company reserves the right to select one from the available collection points nearby. 


 

6.4 The risk of the carrier is borne by the Customer who, in the event of damage to delivery or missing Product(s), must specify his reservations within 3 (three) days of receipt of the delivery, by registered letter with acknowledgment of receipt addressed to the carrier. 

 

7 - PRODUCT CONFORMITY OR DEFECTS - WARRANTIES 


 

7.1 In the event that a Product delivered by the Company is defective or does not conform to its order, the Customer may notify the Company by email (sav.dtoc@sna-gz.com ) or by registered letter with acknowledgment of receipt addressed to the attention of the Company's Customer Service, specifying in detail the elements of non-conformity of the Product to its order or the defects observed on it, within a maximum period of 30 (thirty) days following the date of delivery of said Product, accompanied by proof of purchase (order form or invoice). 


 

The Company will proceed with the selection of the Client: 

- either a full refund of the price of the Product (plus shipping costs and return shipping costs upon presentation of proof) in the event that the Customer returns the Product to the Company; 

- or, if possible, to exchange said Product; 

Subject, however, to the provisions of Article L.217-9 of the French Consumer Code. The Customer must specify this choice in the aforementioned letter. Otherwise, the Company will issue a refund. 


 

This warranty will not apply to defects resulting from the Customer's use of the Product in a manner inconsistent with its intended purpose, nor to the implementation of the aforementioned warranty of conformity after the expiry of the aforementioned period. Furthermore, it is the Customer's responsibility to ensure that the return shipment of the Product to the Company is carried out under conditions similar to those of the initial shipment, in order to cover the risks of loss or damage to the Product, which are borne exclusively by the Customer. 


 

7.2 The Products offered for sale comply with French legislation in force on the date of the order. It is the responsibility of each Customer located outside of France to verify with the relevant local authorities the import and use regulations for each Product they intend to order, as well as its compliance with the legislation in force in the country of delivery. Consequently, the Seller shall not be held liable under any circumstances for the non-compliance of one or more Products ordered with the local regulations of said country. 


 

7.3 The provisions of this Article 7 do not affect in any way: 

- on the one hand, the right of withdrawal which each Customer benefits from in accordance with Article L.121-20-12 of the Consumer Code and described in Article 8 below, 

- on the other hand, the benefit of the legal guarantee against hidden defects provided for the benefit of each Client in accordance with the provisions of Article 1641 et seq. of the Civil Code. 

 

8 - RIGHT OF WITHDRAWAL / REFUND - EXCHANGE 


 

8.1 In accordance with applicable legislation, the Customer has 14 (fourteen) days from receipt of the Product(s) to exercise their right of withdrawal from the Company, as provided for in Article L. 221-18 of the French Consumer Code, without having to justify their decision. If several Products are ordered, the withdrawal period will begin upon receipt of the last Product included in the order. 


 

8.2 To exercise their right of withdrawal, the Customer must notify the Company of this decision in writing within the aforementioned period: 

  • either by email (sav.dtoc@sna-gz.com ); 
  • either by logging into your Customer Account from the "Order Details" section. 


 

The Product(s) concerned must be returned by the Customer, at his/her sole expense and within 14 (fourteen) days following the exercise of the right of withdrawal to the postal address of the place of shipment of the Products or to any other address which may be indicated to him/her from his/her Customer Account by the Company. 


 

8.3 In the event of withdrawal, the Product(s) must be returned to the Company in their original packaging, in the case of CDs and/or DVDs and/or merchandise, and in any event in their original condition (i.e., new condition allowing the Company to offer the Products for resale). Consequently, any opened or damaged product will not be accepted for return or refunded by the Company. 


 

8.4 In accordance with Article L.221-28 above, audio and video recording media that have been unsealed are not eligible for the right of withdrawal. Furthermore, incomplete, damaged, or soiled returned Product(s) will not be eligible for a full refund (the Company may apply a deduction to the refund) nor will they be exchanged. 

  


 

  1. REFUND - EXCHANGE
     

9.1 The refund to be paid by the Company, in accordance with Articles 7 and 8 above as applicable, will be made no later than 14 (fourteen) days following the date on which the Customer has informed the Company of the receipt of the defective and/or returned Product(s) by credit to the Customer's bank account which was used to pay for the corresponding order. 


 

9.2 The refund will only cover the sale price of the Product(s) concerned, excluding initial shipping costs and return shipping costs, which will be borne by the Customer if the return of the Product(s) is subject to 

- the right of withdrawal exercised by the Customer. 

- a product exchange request previously confirmed by the Company 


 

10 – INTELLECTUAL PROPERTY - PERSONAL DATA 


 

10.1 All intellectual property rights relating to the Site, as well as those relating to the texts (including product descriptions), product photographs, and photographs, graphic works, and logos reproduced on the Site or on product packaging (including pouches), are the exclusive property of the rights holders, primarily the Company. Any reproduction and/or use of the aforementioned elements, even partial, is strictly prohibited. 


 

10.2 The Products offered for sale on the Site incorporate, as applicable, musical, audiovisual, literary, graphic, photographic, and plastic works (this list is not exhaustive) protected by copyright, as well as phonograms and/or videograms protected by related rights. The Customer agrees to comply with all applicable laws, regulations, European directives, and international conventions relating to intellectual property in connection with their use of these Products and the works, phonograms, and videograms incorporated therein. The Company shall under no circumstances be held liable for any unlawful and/or infringing uses made by the Customer. 


 

10.3 All information relating to the collection and processing by the Company of personal data communicated by the Customer in connection with his order(s), and more generally to the protection thereof, is contained in the Privacy Policy accessible on the Site via the link " Privacy Policy " and which the Customer declares to have read before any order placed on the Site. 

 

11 - FORCE MAJEURE / ADMINISTRATIVE RESTRICTIONS
 

The Company shall not be held liable if the non-performance or delay in performance of any of its obligations described in these Terms and Conditions results from: 

- a case of force majeure, as defined and recognized by the jurisprudence of French courts and tribunals; 

- regulatory restrictions, existing or future administrative prohibitions resulting from a pandemic and/or a health crisis. 

 

12 - REQUEST FOR INFORMATION AND COMPLAINTS - APPLICABLE LAW 

  

12.1 For any information, questions or complaints, the Customer may contact the Seller's Customer Relations Department: 

- either by email: sav.dtoc@sna-gz.com

- either by mail to the following address: 

 

SNA GZ 

DtoC Customer Service 

Saint Anne Industrial Park 

61190 Tourouvre 

  

12.2 Sales contracts concluded under these General Terms and Conditions are governed exclusively by French law, regardless of the Customer's delivery and/or residence address. In the event of a dispute and failing an amicable agreement, the competent courts located in Paris shall have exclusive jurisdiction over the dispute.