Terms of Sales
This website www.wearekids.com is operated by the company Chahenhad SASU, having its registered office at 4 rue Commandant Bonelli – 20200 BASTIA (France) and registered in the Bastia Trade and Companies Register under number 832 140 610.
These general terms and conditions of sale apply to all orders placed with Chahenhad for all items and services offered on the www.wearekids.com website by non-commercial individuals. Consequently, the fact for any person to order a product offered for sale on the We are Kids website implies full and unreserved acceptance of all of these general conditions of sale, of which the Customer acknowledges having read prior to his order.
Chahenhad reserves the right to modify these general conditions of sale at any time. Nevertheless, the General Conditions of Sale applicable to the order placed by a Customer on the We are Kids Site are those accepted by the Customer at the time of placing his order.
Chahenhad undertakes to respect its role as a reseller under the said conditions.
The user declares:
– have the capacity to enter into this contract
– not to purchase products for the purpose of reselling them
– not be a merchant
Section 1: Products
The products offered for sale by Chahenhad are those appearing on the site www.wearekids.com, on the day of the consultation of the site by the user. The products are offered for sale within the limits of available stocks. The products offered for sale are described with the greatest possible accuracy. However, if errors or omissions were to occur in this presentation, the responsibility of Chahenhad could not be engaged. The photographs and texts illustrating the products are only indicative and have no contractual value.
Article 2: Price
The prices are presented in euros including VAT and excluding delivery costs, which remain the responsibility of the user, except under special conditions. The delivery costs are indicated when placing the order, according to the terms of article 7. The prices indicated take into account the VAT applicable on the day of the order. If the rate were to be modified, these changes could be passed on to the price of the items without the user being informed beforehand. Chahenhad reserves the right to modify its prices at any time. The products will be invoiced on the basis of the prices in force at the time of registration of the order.
Article 3: Order
Any order implies express and irrevocable acceptance of the prices and descriptions of the products available for sale. The user declares to have read and irrevocably accepted these general conditions of sale before placing his order. The validation of the order therefore implies express acceptance of the general conditions of sale. In order to allow the user to return to his order before validating it definitively, Chahenhad has created validation and acceptance screens. The order will not be definitively registered until the last validation of the order payment screen (by credit card or Paypal account). From the last click of acceptance, the order is considered irrevocable. It is planned, from the registration of the order, the sending of an email to the user. This email confirms that the order has been taken into account by Chahenhad, and not that the product ordered is available.
For more information on the passage, follow-up or execution of your order, questions on delivery times, the conditions for exercising your right of withdrawal or any other question, you can contact Chahenhad at following address: firstname.lastname@example.org
Article 4: Payment
Your order placed on the www.wearekids.com site can be paid for by credit card or Paypal account. We accept :
• Blue card
• Eurocard / Mastercard / Maestro
• American Express
• Paypal: Pay for your purchases with your Paypal account
Paypal is an easy, fast and secure way to pay for your online purchases without entering your bank details. You can also pay securely by debit advice via Paypal.
The amount is debited from the user's account only according to the products actually shipped.
For the sake of environmental protection, the use of paper printing is reduced: The delivery note will be sent by email when the goods are dispatched. The user who has placed an order will be able to print his invoice by connecting to the site, in the order tracking space provided for this purpose.
Article 5: Payment security
In order to ensure payment security, Chahenhad uses the Ogone – Ingenico Ecommerce Solutions secure payment service. Bank data is encrypted (SSL security standard) and therefore does not circulate in clear text on the Internet.
Article 6: Shipping costs, conditions and delivery times
The Chahenhad company delivers your order anywhere in the world.
1 – Livraison en France métropolitaine par Chronopost
At home, for an amount of €8.00
Chronopost will contact you and the package will be delivered to you personally. The package can be dropped off at Chronopost relay points according to your convenience. In all cases you will be informed by email 24 hours before the delivery of your package. With Chronopost, you will be informed of the different stages of delivery of your package by email:
– 24 hours before the arrival of your package and the same day of delivery.
– If you have agreed on a delivery to a Chronopost relay point, you will also receive an email giving you the contact details of the Chronopost relay point where your package was dropped off.
In addition, you can track your parcels at any time on the www.chronopost.fr website by entering its number.
2 – Delivery in Europe and abroad by DHL Express or UPS
The costs incurred depend on the country of destination, the weight and the total volume of the selected items. The costs and deadlines are indicated to the customer before the final validation of his order.
Orders to countries outside the European Union are not subject to French VAT. However, they are subject to any taxes and customs fees in the country of destination. These costs and the related formalities are the responsibility of the customer/recipient. They are to be paid directly to the carrier upon delivery.
The customer is also responsible for checking the possibilities of importing the products ordered with regard to the law of the country of delivery. We recommend contacting the customs department for more information.
Article 7: Damaged packages
The customer must check the condition of the package before the carrier and make the necessary reservations on the delivery note in the event of partial or total deterioration. In the absence of a reservation, the product is deemed accepted by the customer and cannot be the subject of any dispute concerning its delivery. The customer must inform Chahenhad by e-mail as soon as possible, so that the latter can take the necessary measures as soon as possible.
Article 8: Delivery delays linked to the carrier
In the event of a delay in delivery in relation to the deadlines announced by the Post Office, the Customer must first contact his delivery office to see if the package is not pending. If necessary, the Customer can contact Chahenhad by e-mail to open a dispute or investigation file to search for the package.
It happens that parcels are misplaced by the Post Office. The deadlines imposed by the Post Office imply that the Customer declares the loss within 10 days of receipt of the dispatch notice from Chahenhad. Under these conditions, Chahenhad is responsible for making the necessary complaints to the Post Office. Once the complaint and the opening of an investigation have been made, it may take 3 to 4 weeks to get a return of it.
If the package is found, it will be forwarded immediately to the Customer's home. In the event that the package is not found, the Customer may then request the return of the same product (within the time of availability), at the expense of Chahenhad, or the reimbursement of the amount paid. If the product(s) ordered were no longer available at that time, Chahenhad will reimburse the amount of the products concerned by the loss of the Post Office.
Article 9: Right of withdrawal, return and exchange
For any return request, please contact customer service by email: email@example.com You will only need to indicate your full name, the order number, the item to be returned and the reasons for this return. Upon receipt of this email, customer service will contact you and tell you how to make this return.
Durant les opérations de promotions exceptionnelles de courte durée (ex: promotions, braderies) la société Chahenhad ne sera pas en mesure d’accepter les retours, échanges et remboursements.
1.Legal withdrawal period
In accordance with the provisions of articles L.221-16 and following of the Consumer Code, the Customer has a withdrawal period of fourteen (14) calendar days from the date of receipt or withdrawal of the Articles to exercise his right legal right of withdrawal and thus inform the company Chahenhad of its intention to return the said Article. If the Articles can be the subject of the legal right of withdrawal, the Customer exercising his right of withdrawal under the conditions provided for in this article in terms of time and methods of returning the Articles, may obtain a refund for the returned Articles. Form available in CGV Article 8.2
The refund will be made by the same means of payment as that used by the Customer for the initial transaction, unless specifically indicated by the Customer who would request a credit note, valid for six (6) months from its issue. The refund will be made as soon as possible and at the latest within 14 days following the effective exercise of the right of withdrawal by the Customer. This period may however be extended by Chahenhad until receipt by Chahenhad of the goods returned by the Customer to the address indicated on the return form, or until receipt by Chahenhad of proof of shipment of the Items by the customer. When the fourteen (14) day period expires on a Saturday, Sunday or a public holiday or non-working day, it is extended until the first following working day.
In accordance with Article L.221-23 of the Consumer Code, the right is exercised by returning the Item, only the shipping costs remain the responsibility of the Customer.
Customers may benefit from a prepaid return voucher in accordance with Article 15 hereof, and (2) in the event of lack of conformity of the Items delivered with the Order (in this case, the return costs will be at the office of Chahenhad).
The right of withdrawal is exercised under the same conditions from the Order and before Delivery.
2. Modalities for exercising the right of withdrawal
Model withdrawal form (Please complete and return the form together with your order number only if you wish to withdraw from the contract.
For the attention of Chahenhad – Customer Service – 4 rue Commandant Bonelli 20200 Bastia France
I hereby notify you of my withdrawal from the contract relating to the sale of the property below:
Ordered on [……………………………….] (*) received on [………………………….……….] (*)
Order number: […………………………………..……………………]
Name of consumer(s): [………………………………………………………………]
Address of the consumer(s): […………………………………………………………………… ………………………………… …………………………………………………………………………………………]
Signature of the consumer(s) (only in case of notification of this form on paper) Date: [……………………………………]
Chahenhad suggests that the Customer return their products by registered mail or with additional insurance, guaranteeing them, where applicable, compensation for the products up to their actual market value in the event of spoliation or loss of that commodity. In all cases, the return is made at the Customer's risk. It will be the customer's responsibility to retain any proof of return. Return costs are the responsibility of the customer, who is free to choose the shipping method.
Failing to respect the deadlines, the company Chahenhad will not be able to reimburse the Customer.
Only Items returned in their original packaging in perfect condition for resale will be accepted. Consequently, returns of washed and/or worn clothes, as well as damaged boxes will be refused.
Withdrawal can never be exercised if the Items delivered are Items which have been, even in part, washed, soiled, damaged or used. Similarly, these Articles returned incomplete, damaged or soiled by the Customer will not be taken back or exchanged.
The Customer's liability can only be engaged in the event of depreciation of the Article resulting from manipulations other than those necessary to establish the nature, characteristics and, where applicable, the proper functioning of the Articles.
Reimbursement in the event of use of the right of withdrawal will be made by the same means of payment as that used by the Customer for the initial transaction, unless specifically indicated by the Customer.
ARTICLE 10: Warranties
.You benefit from the guarantee of hidden defects and conformity in accordance with the provisions of articles 1641 to 1649 of the civil code, L211-4, L211-5 and L211-12 of the consumer code to obtain legal repair or replacement of the well and if not possible, resolution or price reduction.
Article 1641 of the Civil Code
"The seller is bound by the guarantee on account of the hidden defects of the thing sold which render 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 less if he had known them.
Article 1648 paragraph 1 of the civil code
“The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect”.
Article L211-4 of the Consumer Code
“The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.
Article L211-5 of the Consumer Code
“To be in conformity with the contract, the good must:
1° Be suitable for the use usually expected of a similar item and, where applicable:
– correspond to the description given by the seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model;
– present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2° Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted”.
Article L211-12 of the Consumer Code
"The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods".
ARTICLE 11: Liability
The products offered comply with the French legislation in force and the standards applicable in France. Chahenhad cannot be held liable in the event of non-compliance with the legislation of the country where the product is delivered. It is up to the Customer to check with the local authorities the possibilities of importing or using the products you plan to order.
Chahenhad cannot be held liable for inconveniences and damages relating to the use of the Internet network, such as, in particular, a break in the service, the presence of computer viruses or external intrusions and more generally all cases qualified as force majeure or of third parties by the courts.
Hypertext links may refer to sites other than the www.wearekids.com site. Chahenhad disclaims all liability in the event that the content of these sites contravenes the legal and regulatory provisions in force.
ARTICLE 12: Force Majeure
Neither party will have failed in its contractual obligations, insofar as their execution is delayed, hindered or prevented by a fortuitous event or force majeure.
Will be considered as fortuitous event or force majeure any irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts.
The party affected by such circumstances will notify the other within ten business days of the date on which it becomes aware of them.
The two parties will then come together, within one month, unless this is impossible due to force majeure, to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued.
If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party.
Expressly, are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals:
– Total or partial strikes, internal or external to the company, the blocking of means of transport or supplies for any reason whatsoever, governmental or legal restrictions, computer breakdowns, earthquakes, fires, storms, floods, lightning;
– The shutdown of telecommunications networks or difficulties specific to telecommunications networks external to Customers.
ARTICLE 13: Personal Data
Visitors or Customers of the site www.wearekids.com have at any time a right to access, modify, rectify and delete data concerning them in application of article 34 of the law “Informatique et Libertés”. ” of January 6, 1978.
When registering the Customer or an order, or in the context of other specific operations, www.wearekids.com offers Visitors or Customers to receive its newsletters, promotional offers, and/or subscribe to be informed of the holding of its exclusive sales. The Visitor or Customer may at any time modify his subscription through his personal account, or through the hypertext link at the bottom of the newsletters received by e-mail.
The Chahenhad company undertakes to take into account in an effective way the modifications of subscription and unsubscription to the commercial e-mails distributed by it as soon as possible according to the necessary treatments.
www.wearekids.com may also offer its Visitors or Customers to receive promotional offers from its partners. The Chahenhad company may for commercial purposes transmit to commercial partners the identity and contact details of its Users or Customers, only insofar as they have accepted the disclosure of their personal data. Users and Customers can modify their choices at any time on the website www.wearekids.com
The Chahenhad company uses data collection systems such as cookies. The cookie is a computer file stored on the hard drive of the user's computer. Cookies make it possible to report a previous visit by the user to the site and to link the user to his personal data left on the site, in particular in the context of identifying the shopping cart.
ARTICLE 14: Intellectual Property
The entire site www.wearekids.com is protected by French and international legislation relating to intellectual property. All reproduction rights are reserved. All of the texts making up the pages of this site cannot, in accordance with the provisions of the intellectual property code, be the subject of any representation or reproduction, in whole or in part, on any medium whatsoever, without the express and prior authorization of Chahenhad. Similarly, the trademarks, trade names and logos appearing on this site are registered. Their total or partial reproduction, made from the elements of the site is prohibited.
ARTICLE 15: Entirety of the Conditions
A change in legislation, regulations or a court decision rendering one or more clauses of these General Conditions of Sale null and void shall not affect the validity of these General Conditions of Sale. Such a change or finding could in no way allow the Customer not to respect these General Conditions of Sale.
If a condition was not explicitly mentioned, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France.
The relations between Chahenhad and the Customer are governed exclusively by these conditions to the exclusion of any other condition appearing on the site www.wearekids.com
Article 16: Applicable law-Disputes
These general conditions of sale are subject to French law. Disputes that may arise regarding the validity, interpretation, execution or termination of this contract will be submitted, before any legal proceedings, to mediation, or to any other alternative method of dispute resolution with a view to to seek an amicable solution.