Terms of sale
1. Scope of application
The present general conditions of sale apply, without restriction or reservation, to all sales concluded by Kaya Créations ("the Seller"), whose complete contact details are given in article 8 below, with consumers and non-professional buyers ("the Customers"), wishing to acquire the products offered for sale by the Seller ("the Products") on the website https://kaya-creations.com/ ("the website").
The general terms and conditions of sale govern the entire relationship between the Seller and the Customer and prevail over any other exchange. They specify in particular the conditions of order, payment, delivery and management of the possible returns of the Products ordered by the Customers.
The General Terms and Conditions of Sale apply to the exclusion of all other terms and conditions, in particular those applicable to sales in stores or through other distribution and marketing channels.
They are accessible at any time on the website and will prevail, if necessary, over any other version or any other contradictory document.
These General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is the one in force on the website, and accepted by the Customer, on the date the order is placed.
The modifications of these General Conditions of Sale are opposable to the users of the Internet site as from their setting on line and cannot apply to the transactions concluded previously. For this reason, the Vendor invites the Customer to carefully read the General Terms and Conditions of Sale before each order.
Any order implies the prior consultation and acceptance of the General Terms and Conditions of Sale by means of a checkbox provided for this purpose.
The Customer acknowledges and declares that the purchase of Products is strictly limited to personal use.
He also declares that he is of age and/or legally capable at the time of the transaction.
We remind you that you can contact the Seller by email at kayacreations987@gmail.com.
For any other legal information, please consult the section: Privacy Policy.
2. Products
The Products offered for sale on the website are those which appear on the website, on the day of the consultation of the website by the Customer. The products offered for sale are described below.
Purchase of jewelry
Kaya Creations offers the purchase of jewelry. Each piece of jewelry is created by hand by the creator of Kaya Créations. Each model is unique or made in limited quantities. In any case, each piece of jewelry is unique because each Tahitian pearl and each keishi are unique, no two are alike.
The photographs of the Products on the website are presented as faithfully as possible but are not contractually binding on the seller.
The Customer must refer to the description of each Product in order to know the properties, the essential characteristics and the delivery times.
The contractual information is presented in French and English and is confirmed when the customer validates his order.
The Products presented on the website are offered for sale in the countries specified in section 8.
In case of order towards a country other than French Polynesia, the Customer is the importer of the concerned Product(s).
The Product ordered may be subject to import fees, customs duties or other local taxes applied when the product reaches its final destination. In such a case, the Customer is the importer and is responsible for these costs.
3. Period of validity of the product offer
Product offers and prices are valid as long as they are mentioned on the website. Information on the availability of the Products is provided to the Customer on the day of the order. In the event that the Products ordered and paid for are exceptionally no longer available, the Customer Service Department will contact the Customer as soon as possible to inform him/her of this and proceed with the full refund of the sums paid by the Customer. The Seller reserves the right to withdraw Products from sale at any time.
4. Seller's contact information
Kaya Creations is registered under the number Tahiti D19399 in French Polynesia, whose registered office is BP 2202 98703 Punaauia Tahiti.
Phone number: +689 89 67 99 77
Email address: kayacreations987@gmail.com
5. Ordering process
The ordering process is described below:
Fill the virtual basket by clicking on the "Add to my order" button and indicating the selected Products and the desired quantities.
Check the virtual basket and modify, if necessary, its content.
Click on the "Order" button.
Fill in the delivery information (complete identity, e-mail address, telephone number, delivery address).
Fill in the billing address if it is different from the shipping address.
The information is provided under the sole responsibility of the Customer and is deemed authentic in the event of a dispute.
At the end of the ordering process, the Customer is not asked to choose his payment method. Because no payment is accepted on the site. This allows the seller to receive an order and to make sure that he will be able to process it, otherwise he will contact the customer directly to warn him.
The payment will be made at the time of the delivery or before the postal sending.
The registration of an order on the website is realized when the Customer accepts the General Conditions of Sale by checking the box provided for this purpose, validates and submits his order.
The Seller sends, without delay, by e-mail, an acknowledgement of receipt of the order, containing a summary of the information already contained in the order form (General Sales Conditions, information relating to the essential characteristics of the product, the detailed indication of the price, the existence of the right of withdrawal and the delivery times and costs).
After receiving the confirmation e-mail, the order must still be processed and validated by the seller. Please contact him if you wish to make any changes or exercise your right of withdrawal.
Any order placed, validated by the Customer and confirmed by the Seller, under the conditions and according to the methods described above constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
Unless proven otherwise, the data recorded in the Seller's computer system shall constitute proof of all transactions concluded with the Customer.
Each delivery is carried out by registered mail with acknowledgement of receipt, the customer will be informed by email as soon as his order is handed over to the partner carrier and will be able to follow the routing of his order with the shipping number indicated in the email.
In accordance with the provisions of Article L.121-11 of the Consumer Code, the Seller reserves the right to refuse or cancel an order in case of legitimate reasons (e.g. order in abnormal quantity, placed in bad faith or order from a Customer with whom there is a dispute relating to a previous order).
6. Prices
The Products are supplied at the prices in force appearing on the Internet site at the time of the recording of the order by the Salesman.
The prices are expressed in Pacific Francs and include all taxes whatever the country of delivery.
Customs duties, other local taxes, import duties or state taxes may be payable upon entry into the country. These rights are not the responsibility of Kaya Creations. They are the sole responsibility of the customer in terms of declarations and payments to the competent authorities of the country concerned.
The prices take into account any discounts that may be granted by the Seller on the website.
The Seller may reserve the right to offer promotional codes. These promotional codes can only be issued by the Seller. The Seller shall not be held responsible for any promotional codes disclosed on the forums other than those issued by the Seller and to which it would not have consented.
These prices are firm and non revisable during their period of validity, as indicated on the website. The Seller reserves the right, outside this period of validity, to modify the prices at any time.
The price displayed does not include the costs of processing, shipping, transportation and delivery, which are charged in addition, under the conditions indicated on the website and calculated prior to placing the order.
If the Customer requests a faster or more expensive shipping method than standard shipping, the additional shipping costs, as they appear at the time of the validation of the order by the Customer, are fully charged to him.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
The products remain the property of Kaya Creations until full payment of the price regardless of the date of transfer of risk.
7. Terms of payment
For the payment of the price of the Products and the expenses related to the expedition and the delivery, the Customer can follow the procedures indicated below. Please note that the price is payable in full.
- Payment on delivery by check or cash.
- Payment by bank transfer.
- Payment in one of our points of sale, according to the means of payment proposed on the spot.
8. Delivery of products
The Products ordered by the Customer can be delivered to any country in the world. The average delivery time is 10 to 20 working days.
The delivery times announced on the site are purely indicative and depend on the destination and availability of the Product ordered. Exceeding this time limit may not give rise to any cancellation of the order, to any reduction in the price paid by the Customer, or to any payment of damages.
However, and in accordance with the provisions of Article L.121-20-3 of the Consumer Code, in the absence of delivery at the end of a period of thirty days from the day following the day on which the Customer placed his order, the Customer will have the option of cancelling his order without charge. The sums paid will then be refunded.
If possible, Kaya Créations reserves the right to offer the Customer a product of equivalent quality and price to the initial product.
Kaya Creations shall not be held responsible for any additional delays caused by the non-issuance of a bank authorization or an incomplete or incorrectly filled out order form.
In the event of non-conformity of the delivered Product, the Seller undertakes to remedy the situation or to reimburse the Customer, as indicated in Article 12 - "Legal guarantee".
9. Receipt of the products and complaint
Concerning the reception of the packages, Kaya Créations strongly recommends that the Customer check the apparent condition of the products upon delivery. In the event of an anomaly (missing or damaged products) the customer :
- must make all necessary reservations on the delivery receipt,
- must send within 48 hours of delivery a statement of reserve to the carrier by registered mail with acknowledgment of receipt
- send a copy of this letter to the Customer Service
Kaya Créations - BP 2202 98703 Punaauia - TAHITI - FRENCH POLYNESIA.
In case of doubt, the Customer is advised to open the package in the presence of the carrier in order to ensure that there is no damage to the product. Failing this, no claim may be made by the customer to the Seller Kaya Création.
10. Right of withdrawal
The Customer has a period of 14 days to exercise his right of withdrawal on the Product. Within 14 days following the date of receipt of the goods ordered, the Customer may therefore request an exchange or refund of the item(s) purchased.
Beyond the 14-day period, Kaya Creations shall be free to refuse the exchange, credit note or refund.
The exchange or refund procedure is as follows:
- The Customer must inform Kaya Creations of his wish to retract within 14 days of receipt of his order.
- The Customer may write to the address kayacreations987@gmail.com specifying his order number, the date of receipt of his order, his surname and first name, his e-mail address, the reasons for his withdrawal and his wish.
- Kaya Creations will send an email acknowledging receipt of the withdrawal as soon as it is informed.
- The Customer shall return the product(s) by registered mail or tracked parcel to the following address Customer Service Kaya Créations - BP 2202 98703 Punaauia - TAHITI - FRENCH POLYNESIA within a maximum of 14 days after informing Kaya Créations of its wish to withdraw.
- Kaya Créations shall not bear the cost of returning the goods in the event of withdrawal.
11. Exchange
Kaya Créations does not accept any exchange. All Products are non-exchangeable and non-refundable, as specified on the website. With the exception of the use of the right of retraction and the defects of conformity envisaged below.
12. Legal guarantee and after-sales service
The products sold benefit from the legal guarantee of conformity provided by articles 211-4 and following of the consumer code and the guarantee of hidden defects (articles 1641 and following of the civil code). These guarantees cover hidden defects and apparent defects from the date of delivery. The only obligation incumbent on Kaya Creations under this guarantee is, at its option, the free replacement or repair of the products recognized as defective without any other service or compensation.
Visibly defective Products must be returned to the Seller within 30 days of receipt at the latest.
This warranty does not cover damage resulting from improper use of the product, normal wear and tear due to its use or failure to follow washing and maintenance instructions.
In order to benefit from the guarantee of the products, it is imperative to keep the purchase invoice of the product as well as the delivery note.
13. Confidentiality
All personal information collected from the Customer is necessary for the processing of the order, its delivery and the establishment of the invoice.
This information may be passed on by Kaya Creations to its contractual partners in the context of the execution of the order, in particular to ensure the transport of the products ordered.
The customer has the right to access, modify, rectify and delete data concerning him/her. In this case, the customer will be able to consult and modify his personal information by sending an e-mail to kayacreations987@gmail.com.
14. Responsibility
Kaya Creations shall not be held liable for any events, inconveniences or damage inherent in the use of the Internet network, in particular in the event of a breakdown in service, external intrusion or the presence of computer viruses.
Furthermore, Kaya Creations shall not be held responsible for the non-execution of the contract concluded in the event of fortuitous situation, force majeure, disruption or total or partial strike, in particular of the postal services and means of transport and/or communications, flooding, fire.
Kaya Creations shall not be held liable for any indirect damage, operating loss, loss of profit, damage or expenses that may arise as a result of this agreement.
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described in the General Terms and Conditions of Sale, results from a case of force majeure, within the meaning of Article 1218 du Code Civil.
15. Attribution of jurisdiction
The present general conditions of sale are subject to French law. Any dispute which has not been resolved amicably shall be submitted to the exclusive jurisdiction of the competent courts of Papeete, notwithstanding the plurality of defendants and/or the introduction of third parties, even for emergency procedures or protective procedures in summary proceedings or by petition.
16. Customer service and after sales service
You can contact the Customer Service free of charge by e-mail for any question relating to your order, its shipment and its follow-up:
By e-mail to: kayacreations987@gmail.com
By mail: Kaya Créations - BP 2202 98703 Punaauia - TAHITI - FRENCH POLYNESIA
17. Intellectual property rights
The brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of Kaya Creations.
No transfer of intellectual property rights is made through these GTC, or through the marketing of the Products. Any total or partial reproduction, modification or use of elements protected by these rights is strictly prohibited.
18. Applicable law - Language
The General Terms and Conditions of Sale and the operations resulting from them are governed by French law.
They are written in French. In the event that they are translated into one or more languages, only the French text shall be deemed authentic in the event of a dispute.