Translation from French. Only the original French text is valid in law
Version of April 1st, 2011
The terms of sale are regulated and established on « the basis of the commercial negotiation ». We tried to present them to you in the clearest and most understandable way possible.
We remain entirely at your disposal to supply you any further explanations or information which you might need, to help you or to offer you a solution to any inconvenience you may have met during your visit on our Web site specialized in care products of care and cosmetic up-market for men.
We shall welcome all your suggestions and we will use them to improve the quality of our virtual store.
The present terms of sale aim at defining the contractual relations between the Company, International professionals, particular physical or moral KLP and every person (further mentioned below as the "Customer") and the conditions applicable to any purchase made by means of its trade on www.darklyhandsome.com Site or its diverted addresses (mentioned below as "Site»).
It is clarified that products are intended for personal use and cannot be acquired for the purpose of reselling.
The acquisition of the good or the service through the present Site implies an unconditional acceptance by the Cyberbuyer of the present terms of sale.
The acquisition of the good or the service through the present Site implies an unconditional acceptance of the present terms of sale by the Customer.
These terms of sale will prevail over quite other general or particular conditions not expressly approved by the Company International KLP. They cancel any different or opposite clause that might appear on the other documents for the Customer.
The present conditions would not know how to have for object or for effect to deprive the Customers from the European Union and the third countries of the imperative legal capacities foreseen by the legislation of their own country. If one of the capacities of the present conditions showed itself against an imperative rule of right from which can benefit the Customer in conformance with his national legislation, this arrangement would not be applicable, all other capacities remaining valid.
The Company International KLP reserves the right to be able to modify its terms of sale at any time without advance notice. In that case, the applicable conditions will be current in the date of the order by the Customer.
The various versions of the terms of sale are archived in the head office International KLP in two formats; paper and electronic.
Only the French version of the Darkly Handsome Terms of Sale is evidence.
Products and offered services are represented in the catalog of the Company, International KLP. The proposed products are in accordance with the French legislation current and with the applicable standards in European Union. The brands Billy Jealousy, Ménaji, Ritual and Min New York answer the standards of Food and Drug Administration, Axis shavers in the standard UL (*).
If a product came to be removed from the business by the Supplier for a some reason, the Company International KLP will remove it from the website as fast as possible. This action cannot give, on no account, a right to take legal action by the Customer.
The offers presented by the Company International KLP via the Site are valid only within the limits of available stock.
(*) Our Site proposes its international products. To respect the rules and the directives of each of the countries, certain products are available only in certain zones of the Site. The Customer connects to the zone corresponding to him(her) or: France, United Kingdom, Europe, Australia, United States, Canada or the other international Countries, and thus this changes the site and the available products.
The Customer asking for an expedition an address of delivery different from its country of origin will be alerted that it might not be possible to have the product delivered because of the implications in the chosen zone. The list of the countries of delivery correspond to every zone is available on the Site in the column titled " Zones and Country " as well as in " Darkly Handsome an international site " of the menu "Help".
Invoices are established in the currency of the country of the zone of chosen delivery. Any purchase is subject to print an invoice from the "My Account", the cheque delivery is joined to the parcel. The invoice is however necessarily contacted to the parcel sent to the third countries (to allow the customs clearance), the mention concerning the exemption from VAT in the put back export such as: « article 262-I of the CGI ».
Invoices are drafted in the French language or in the English language, according to the country for whom(which) they are intended.
The minimum of invoicing is fixed to 1 euro (on this base and according to exchange rate in the day of the transaction for zones not using the Euro currency)
The photos of the catalog which present products, the compositions and the packagings of the Site do not enter the contractual field. They are the most faithful possible but cannot assure a complete resemblance to the offered product, notably in regards to color and wrapping paper.
Information is concerned with the compostion or precaution of use is available on the product sheets of the Site. Those being valid those are indicated by the manufacturer on his product.
The Site diffuses columns of information as well as advice. The Site cannot be considered responsible for the use or the interpretation of those advices, because they are not individual advices, which would need further individual studies and analysis, which are not domains of skills of Darkly Handsome.
To allow the Prospect to know the essential characteristics of a product which he wishes to buy, by concernof transparency and in application of the Article L 111-1 of the Code of the consumption, the Company International KLP clarifies on the Site;
• The description of the product, its composition, its volume, the advice of use, the precautions and instructions for use.
• The price, its date of validity in the possible frame of promotional shares, its modalities of expedition, expenses of delivery and terms of payment.
• The existence of a right of retraction.
The complete coordinates of the Site, available for consultation in the column Legal notices.
The prices of products sold on the Site are valid so much that they are on the descriptive index card of the product. They include the expenses of treatment of order and cardboard industry and the waste disposal tax electrical, except special packagings proposed in the sale on the Site (example containing for customizable baskets ordered by the Customer).
They do not include the contribution to costs of expedition, except conditions of franco foreseen and resumed in the column " free Delivery " of the Site, as well as the personalized packaging. Taxes of customs and freshly possible of customs clearance are chargeable to the Customer. Refer to the chapter customs duties (article 4).
Taxes of customs and freshly possible of customs clearance are chargeable to the Customer. Refer to the chapter customs (article 4).
The prices represented in the catalog for the zones in France (metropolitan France and Corsica, Monaco), United Kingdom and Europe are prices inclusive of all taxes taking into account the VAT French applicable (Value-added tax) n the day that the order is made, any change of the rate can be echoed on the price of products or services. The prices are drawn up in euro (€) except for the zone United Kingdom where they are indicated in Pound sterling (£).
The prices represented in the catalog of zones Regions with a measure of autonomy, Australia, the United States, Canada and the Other international countries ( third country) are net prices in the day the order is made, and they do not support a VAT. The prices are respectively drawn up in Euro (€), Australian dollar (AUD $), USD (US $), Canadian dollar (CAN $) and for the other international Countries in USD (US $). A link on an external converter in the Site is at your disposal to estimate the value of the product in the concerned currency, see list countries and currencies(change) « Zones and Country ».
The Company International KLP reserves the right to modify its prices at any time without advance notice, being however understood that the price appearing in the catalog in the daytime of the order will be the only one applicable to the Customer.
If the price indicated in the descriptive index card of a product is different from the price of the same product being in a place different from the Site or from the newsletter, it is the price the descriptive index card of the product that proves.
The different special offers cannot be used together. However, if an oder has several products, and if those with a special offer price (crossed price) are more profitable for the customer than the ongoing advantage offer, this is the most interesting prices for the customer that are going to be kept for the establishment of the final invoice.
It is possible that the prices of products will fluctuate to take into account the variations of foreign exchange rates during the purchases of goods with foreign suppliers, variations which result in fluctuations independent from our will.
(2) It's the same for the prices, looked for by means of the external converter provided you with on the Site, which are of this fact given in the day by the consultation to consultative title, considering the flows of money in perpetual movement. When an order is placed the conversion from the banking rate is made from that same date. Expenses are charged to the transmitter.
All orders processed on the Site and delivered outside the European Community can be subjected to possible taxes and to customs duties which are imposed when the parcel reaches its destination.
The goods are sent to DDU (Returned, rights and taxes not settled (or Delivered Duty Unpaid)). The Company International KLP delivers the goods to the buyer instead of destination agreed. The "right" including the responsibility and the risks of fulfillment of customs formalities, as well as the payment of the customs duties, the taxes and the other due royalties in the import in the country of destination is supported by the buyer as well as all the expenses and the risks incurred by the buyer for lack of having cleared through customs, in due course, the imported goods.
We have no control over these taxes and cannot foresee them, as customs taxes vary from one country to another. We advise you to find more information from the customs office in your area to obtain more reliable information.
The navigation on the Site does not engage the Customer in conformance with an order.
If the customer wishes to place an order, he or she must do so by clicking the icon « Add to the basket » appearing on the index cards of products sold on the Site. The Site provides him with within the framework of the steps required in placing an order, this is a process containing several stages; Stage 1 Basket - Stage 2 Authentification - Stage 3 Packaging - Stage 4 Delivery - Stage 5 Validation.
Until stage 4 and before the validation of their order, the Customer can return to the various stages at any time, without losing any of the information already entered, in addition to this, there remains the possibility to cancel, modify or complete the order as long as the customer has not validated or confirmed the order.
To buy a product or a service the Customer owes necessarily:
- To provide their e-mail address (this equates to the customer account number);
- Complete the order form by giving all the references of products or chosen services;
- Confirm and validate coordinates necessary for the index cards of authentification (invoicing and delivery);
- Validate the basket after having verified;
- Choose the method of payment;
- Confirm the order and the form of payment;
- Validate the order.
The confirmation of the order, generated via the checkbox by which the Customer shows to have understood the infomation, and their acceptance of the present terms of sale, as well as the understanding of the conditions of purchase as well as any other conditions.
The customer is responsible for all information which communicated. In the case of error in the spelling of an address, the Company International KLP would have be considered responsible for the impossibility to deliver the order.
All the supplied data and confirmation will be proof of the transaction. This will be the confirmation and acceptance of the operations.
The Company International KLP will communicate by e-mail return confirmation of the registered order. It is advised to keep the state of the " Confirmation of order Darkly Handsome » which proves the sales contract.
These terms of sale apply to the territory of metropolitan France Corsica and Monaco, in the countries of the European Union, in Regions with a measure of autonomy, in Canada, the United States, and Australia as well as in other international countries the list of which is permanently updated in the column « Zones and Country » by the Site.
In application of the Article L121-18 of the Code of the consumption, the Customer *, has a right of retraction which he can exercise during a period of seven days, as from the reception of the order, to ask for a refund, (an exchange or credit note) without penalty, with the exception of the expenses and fees for the return of goods.
The Company International KLP will proceed to the refund(repayment) in the conditions foreseen(planned) between the parts(parties) as soon as possible and at the latest in 30 days.
When the period of seven days expires one Saturday, one Sunday or a holiday or day off, the date is extended until the next first working day.
(3) Clause not applying to professionals.
Our sales are payable without cash discount during the placement of the order on the Site.
The Site is the object of a system of security (proceeded to encoding SSL) guaranteed during the operation. From the selection of your means of payment by bank card, you will be transferred to the account of the Popular Bank of the North. Client information is only held by the bank via your bank card. The system 3D Secure analyzes the transactions to fight against bank fraud. An outstanding payment or use in a deceitful way of a bank card will be the object of a specific treatment and will be listed on the incidental file of payment of the system 3D Secure.
The Computing Law and Liberties of January 6th, 1978 applies (Cf. Article 16), in that case a letter proving your identity must be sent to the Popular Bank of the North, 847 Avenue of the Republic, 59700 MARCQ in BAROEUL ( France)
To guarantee your security, that we do not register deferred payments and that the banking coordinates are asked every time a new order is placed on the Site.
The currencies accepted by our service includes the Euro, Pound sterling, the USD, the Australian dollar, the Canadian dollar, the Yen and the Swiss franc.
The Customer guarantees to the Company International KLP that he arranges authorizations possibly necessary to use the method of payment chosen by him during the validation of the order form.
The Company International KLP reserves the right to ask for a photocopy of the ID card and the documentary evidence of place of residence of Client before the shipment of an order. This measure aims at making sure notably that the person is indeed the one who placed the order and to avoid any deceitful use of numbers of bank cards.
Within the framework of fighting against Internet fraud, the information relative to your order can be passed on to authorities competent for cheque that the validated order will adhere to legal regulations. The Company International KLP can suspend a delivery in case of refusal of a bank card of the aforementioned body, the dispute existing with the Customer or of total or partial nonpayment of a previous order.
The purchase voucher comes in deduction of the amount of an order made on the Site. The voucher has a date of validity which must be respected, and the voucher is not refundable.
The credit note comes in deduction of the amount of an order made on the Site. It is refundable or can be used against the next order on the Site (according to conditions)
The gift card is a means of payment accepted on the Site Darkly Handsome and only on the Site.
The beneficiary of the card has their personal identification number concerned and uses the gift card at the time of the validation of the order. This number is unique, the use of it is done on the Site in association with a personal identification number allowing bearer to pay for the products or services.
• In case there is a balance to be settled(adjusted) this one, to be taken into account, must be realized by means of a credit card only,
• It is possible to pay with several gift cards, they will be to inform one by one with their number of appropriate(clean) identification,
• The gift card for Darkly Handsome is required to be used at the point of payment
• The balance of the gift card can be consulted in the customer account
Bank cards accepted on the Site are the French Credit cards, the Card Aimed International, EuroCard MasterCard and card Américan Express.
The minimum of invoicing is fixed to 1 euro (on this base and according to exchange rate in the day of the transaction for zones except euro) .
Methods of payment accepted very soon on the Site :
The payment by cheque is possible only for cheques in euro pulled(fired) at a bank taken up residence in France. The stake in the collection of the cheque is realized in the reception of this one. The cheque is to be sent to the order of the Company International KLP, 1 street "De La Houzarde", 59150 Wattrelos. Please indicate on the back of the cheque your reference number and the date of your order.
The name first name and address appearing on the cheques must be identical to that of the delivery. Should the opposite occur an original of documentary evidence of place of residence is to be attached to the payment. This will then be returnedby post mail.
By marking the option during the recording of the order, your order will be registered but will be validated only after reception of your transfer or mandate cash. They must be drawn up in euro currency. Our banking data (IBAN, SWIFT, BANK DETAILS) will be passed on to you by return of e-mail to allow you to make the bank or mail transactions.
For payments made by cheques, transfer or mandate cash, the orders will be actualized after the collection the aforementioned effects of payment.
An invoice highlighting the rate of VAT can be directly edited from the Site. The invoice is sent in every case to the Customer by e-mail during the sending of the goods.
The deliveries are made for the address indicated in the order form within the agreed upon geographical zones. Refer to the column « Zones and Country ».
According to the Article L121-20-3 of the Code of the consumption, the Company international KLP makes a commitment to execute the contract within thirty days as from day according to that or the Customer validated and paid his order. In case of non-fulfillment of the contract resulting from the unavailability of the ordered product(s), the Customer can cancel their order. They will be refunded in within a maximum of thirty days.
This clause does not apply to professionals.
When the customer orders several products, The Company International KLP saves himself the possibility of dividing the expeditions and of choosing a different means of transportation if that this is more advantageous for the Customer.
The deliveries are executed by service providers. The Company International KLP cannot be considered as person in charge if the non-fulfillment or the bad execution of the contract is attributable either to the Customer, or for the unpredictable fact of a third party to the contract, or in case of force majeure.
The customer is informed that he has to take all the necessary measures:
1. So that parcel can be handled in the best conditions; the address must be the most precise possible (precision to be communicated during the order in the case of building and by Digicode, of dead end or street without numbers etc.),
2. That the personal mailbox is of sufficient dimensions for the deposit of the parcel, if necessary,
3. That an authorized third party is clearly identified to allow the delivery of the necessary parcel.
1. These persons can be a person attached to a workplace, for a person living with the Customer or a third party identified precisely.
In case of absence of the Customer, a card will be left in the mailbox inviting the client to remove its parcel within the time limit allowed period of 15 days with post offices for "Colissimo». The delays can be different according to the different rules of various countries.
In case of averages of losses or missing, a protest must be formulated within three days of the reception with a copy of the delivery order carrying the handwritten reserves, the whole passed on to the Company International KLP by e-mail in email@example.com
Our delivery periods are given only as a rough guide and without commitment on our part. We decline any responsibility as for the elongation of delays because of the carrier or the customs services, notably in case of loss of products or in case of strikes.
You can change your mind, it is sufficient to return the products to their original packing, accompanied (if necessary) with their accessories. They must be appropriate and clean. Incomplete, damaged returned articles, used or dirty by the Customer will be refused.
The return of the parcel to the Company International KLP is at the expense of the Customer. Every risk related to the return of the product is bound to the Customer.
The Company International KLP will pay off without penalty *, as soon as possible and at the latest in the 30 days after the date of the return, the returned products, as well as the expenses of sending opened by the Customer during the initial order and it, in proportion to the weight of the product(s).
Any return of product must beforehand have been the object of a formal agreement on behalf of the Company International KLP (Cf. Article 12). Every product returned without this agreement would not result in a refund, credit note or exchange.
In case of not corresponding to the initial order, the Customer is entirely reimbursed.
* Or exchange or to have only if agreement with the Customer.
All the products supplied by the Company International KLP benefit from the legal guarantee foreseen(planned) by articles 1641 and following ones of the Civil code.
The measures cannot deprive the Customer of the legal guarantee obliging a professional salesman to guarantee against all the consequences of the defects of the sold product(s).
The Company International KLP informs the Customer that it does not produce the products presented on the Site. The law N 98-389 of May 19th, 1998 relative to the responsibility because of the defective products. Introduced in French law the European directive n°85-374 of July 25th, 1985 which has the Article 1 clarify that « The producer is responsible for the damage caused by a defect of his product ».
As a consequence in case of damages caused by a defect of the product, only the responsibility of the producer can be looked for by the Customer on the basis of the information appearing on the packaging of the aforementioned product.
Any complaints, demands of exchange or refund necessarily have to be made beforehand by e-mail at the following address: Contact@darklyhandsome.com Or by postal mail to the Company International KLP 3 street Albert Leroy, 59193 Erquinghem-Lys ( France) not more than seven true days following the reception of or parcel.
The Site is accessible 24 hours a day, 7 days a week, with the exception of problems related to technical, computing difficulties or telecommunication networks. The site can be also interrupted for reasons of maintenance, a message will inform the Cyberbuyer of the duration of interruption.
The Company International KLP declines any responsibility in case of non-fulfillment of the contract caused by shortages of stock because of a case of force majeure such as, without that this list is restrictive, of disturbance or strike of means of transportation or communications, or lack of materials.
The Company International KLP will archive order forms and invoices on a reliable and durable support establishing a faithful hard copy according to provisions of the article 1348 of the Civil code.
Registers computerized by the Company International KLP will be considered as proof of the communications, the orders, the payments and transactions intervened between the parties.
The present on-line terms of sale are subjected to the French law.
The contract is drafted in French language and in English language. Only the terms of sale drafted in the French lanquage are considered valid.
In case of dispute or complaint the Customer will address first and foremost the Company International KLP, who will try hard to find with him an amicable solution. If still unsatisfied, the Customer has the possibility, above all action in justice, of being helped by consumers' association or professional organization of the branch or quite other advice(council) of his choice.
In case of dispute, the commercial courts of Lille (in France) will be the only ones to be used.
The Company international KLP can be brought to pronounce the resolution of a order for motives bound to difficulties of administrative order or of documentary order notably in customs material for the orders intended for the export.
The execution of one of the obligations of the present sale contract pulls the resolution which has the effect of freeing the parties of their mutual commitments.
According to the law relative to the computing, to the files and to the liberties of January 6th, 1978, the information with name specific character relative to the buyers can be the object of an automated treatment. This information is necessary for the management of the orders and for the business connections.
The Company International KLP reserves the right to gather information on the Customer and, if it wishes, to pass on to commercial partners the collected information in case the Customer expressed the accepted of this (checkbox in the stage of order).
The Customer can oppose to the disclosure of his coordinates by indicating to the Company International KLP because he has a right of access, a rectification, an opposition or of the deletion of all data concerning him, according to the aforementioned law of January 6th, 1978.
The treatment was automated by information, including the management of the e-mails of the users of the Site was the object of a statement(declaration) to the CNIL on November 12th, 2008 registered under the number 1329094.
We advise you to consult regularly the contents of the present terms of sale which can be brought to change at any time without notice. By concern of transparency, the date of last update will always be saved and shown in the title.
It is up to the Customer:
• To take any necessary measures to make sure of technical characteristics of their computer and of services of telecommunications allowing the consultation of the information available on the Site
• To take all the measures suited so as to protect their own data and/or software of the contagion by possible viruses.
A cookie can settle down automatically on your browser. Cookies apply to your computer and allow us to follow various parameters as the consulted pages, for example. They are associated with no personal information concerning you.
The Cyberbuyer can oppose to the recording of cookies by configuring his browser this way.
On the other hand by refusing cookies you cannot place any orders.
The Company International KLP grants no license and no other right other one than the consultation of the Site, granted for customer use strictly and exclusively.
The brand DARKLY HANDSOME is a registered trademark with the INPI and with the OHMI. Any use of our brand, our logos or graphics requires our written authorization.
In application of the measures of the Code of the Intellectual property as well as the current international agreements, you are not authorized to exploit, to duplicate all or any of the Site, nor to reproduce papers, comments, drawings and images without written prior authorization of our part. All the elements of the Site, whether they are software or persons with a strong visual sense are and remain the property of the Company International KLP.
Refer to the section: Gift Card