Terms and Conditions of Sale

Preamble 

These Terms and Conditions of Sale apply to all sales made on the website https://karioska.com. 

The website www.karioska.com is operated by: 

• Company : S2KA
• Address: 166 Rue du Ménil, 92600 Asnières-sur-Seine, France
• Website URL: https://www.karioska.com
• Email contact : hello@karioska.com
• Whatsapp : +33 7 65 84 17 73

The website Karioska offers the sale of the following products type: home decorative accessories. 

The customer declares to have read and accepted these Terms and Conditions of Sale prior to placing an order. The validation of the order implies acceptance of these Terms and Conditions of Sale. 

Article 1 – Principles 

These Terms and Conditions represent the entire agreement between the parties. By purchasing, the buyer is deemed to accept these terms without reservation. 

These terms apply to the exclusion of any other conditions, particularly those applicable for sales in stores or through other distribution and marketing channels. 

They are accessible on the Karioska website and will prevail, if necessary, over any other version or contradictory document.  

The seller and the buyer agree that these Terms and Conditions exclusively govern their relationship. The seller reserves the right to amend the terms occasionally. Any changes will be applicable as soon as they are published online. 

If any term is found to be missing, it shall be governed by the prevailing practices in the distance selling sector, where companies are headquartered in France. 

Article 2 – Scope 

These Terms and Conditions aim to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer via the Karioska website. 

These conditions apply solely to purchases made on the Karioska website for delivery worldwide. 

These purchases include the following products: decorative art accessories from African craftsmanship. 

Article 3 – Pre-Contractual Information 

The buyer acknowledges having been provided with these Terms and Conditions and all information required by Article L. 221-5 of the French Consumer Code prior to placing the order and concluding the contract in a clear and comprehensible manner. 

The following information has been communicated to the buyer clearly and understandably: 

• The essential characteristics of the goods;
• The price of the goods and/or the method of calculating the price;
• If applicable, all additional transport, delivery, or postage costs, and any other charges;
• In the absence of immediate contract execution, the date or period within which the seller agrees to deliver the goods, regardless of the price;
• Information about the identity of the seller, including their postal, telephone, and electronic contact details, and their activities;
• Information regarding legal guarantees, the functionality of digital content, and, if applicable, its interoperability, as well as the conditions for implementing guarantees and other contractual terms.

Article 4 – Orders

The buyer may place an order online from the catalog available on the website by completing the order form provided, for any product, subject to availability. 

The buyer will be informed of the unavailability of any ordered product or item. 

For an order to be validated, the buyer must accept these Terms and Conditions by clicking where indicated, select the delivery address and method, and validate the payment method. 

The sale will be considered final: 

1. After the seller sends the buyer confirmation of order acceptance via email;
2. And after the seller collects the full price.

Any order implies acceptance of the prices and descriptions of the products available for sale. Any disputes on this point will be handled within the framework of potential exchanges and guarantees mentioned below. 

In certain cases, such as payment failure, incorrect address, or other issues with the buyer’s account, the seller reserves the right to block the buyer’s order until the issue is resolved. 

For any questions about order tracking, the buyer can call +33 7 65 84 17 73 from Monday to Saturday, 9:00 AM to 7:00 PM, or email hello@karioska.com.

Article 5 – Electronic Signature 

Providing the buyer’s credit card number online and the final validation of the order constitutes proof of the buyer’s agreement: 

• To pay the amounts due under the order;
• And express acceptance of all operations carried out.

In the event of fraudulent use of the credit card, the buyer is invited to contact the seller immediately at hello@karioska.com. 

Article 6 – Order Confirmation 

The seller will provide the buyer with order confirmation via email.

Article 7 – Proof of Transaction 

Computerized records, kept in the seller’s computer systems under reasonable security conditions, will be considered proof of communications, orders, and payments between the parties. Order forms and invoices are archived on reliable and durable media that can be produced as evidence. 

Article 8 – Product Information 

The products governed by these Terms and Conditions are those listed on the seller’s website and indicated as sold by the seller, subject to stock availability. 

Each product is described and presented with the utmost accuracy. However, if errors or omissions occur in the presentation, the seller cannot be held liable. 

The photographs of the products are not contractual. 

Article 9 – Prices

The seller reserves the right to modify prices at any time but agrees to apply the rates indicated at the time of the order, subject to availability. 

Prices are indicated in the following currencies:  USD ($), Euro (€), GBP (£), CAD ($). They do not include shipping costs, which are billed in addition and indicated before the order is validated. 

For European countries, prices include the VAT applicable on the day of the order, and any changes to the VAT rate will automatically be reflected in the product prices in the online store. 

If one or more taxes or contributions, particularly environmental taxes, are created or modified, this change may be reflected in the sale price of the products.

Article 10 – Payment Methods

This is an order with an obligation to pay, meaning that placing the order requires payment from the buyer. 

The buyer can choose from all the payment methods available and listed on the seller’s website. The buyer guarantees the seller that they have the necessary authorizations to use the payment method selected at the time of order validation. 

The seller reserves the right to suspend any order management or delivery in the event of payment authorization refusal by officially accredited organizations or non-payment. 

The seller also reserves the right to refuse to process a delivery or fulfill an order from a buyer who has not fully paid a previous order or with whom a payment dispute is ongoing. 

Payment for the full price must be made at the time of the order or in installments under the following methods: 

• Credit card
• PayPal
• Klarna (installment payment option)
• Cryptocurrency

Article 11 – Product Availability – Refunds – Resolution

Except in cases of force majeure or periods when the online store is closed, clearly announced on the homepage, shipping times are, within the limits of available stocks, those indicated below. Shipping times are calculated from the date of the order confirmation email. 

We deliver within North America, Europe, and the United Kingdom. The standard shipping time is 3 to 7 business days from the day after the order is placed. Please note that items in the beaded head, beaded stool, and art craft categories may require an additional preparation time of 1 to 3 weeks. This extended preparation time is clearly indicated on each product page.

If the agreed delivery date or time is not respected, the buyer must first request the seller to execute the order within a reasonable additional period before canceling the contract. 

If the seller fails to fulfill the order within this additional period, the buyer may terminate the contract freely. 

The buyer must complete these successive steps via registered letter with acknowledgment of receipt or another durable written medium. 

The contract will be considered terminated upon receipt by the seller of the letter or written notification of termination unless the seller has performed in the meantime. 

The buyer may immediately terminate the contract if the agreed delivery dates or times constitute an essential condition of the contract. 

In such cases, when the contract is terminated, the seller is obligated to reimburse the buyer for all amounts paid, no later than 14 days following the contract’s termination date. 

If the ordered product is unavailable, the buyer will be informed as soon as possible and will have the option to cancel the order. The buyer may choose to be refunded within 14 days of payment or exchange the product. 

Article 12 – Delivery Terms

Delivery refers to the transfer to the consumer of physical possession or control of the goods. 

Products are delivered to the address specified by the buyer on the order form. The buyer must ensure the accuracy of the address provided. Any returned package due to an incorrect or incomplete address will be resent at the buyer’s expense. 

If the buyer is absent on the delivery day, the delivery service will leave a notice of attempted delivery, allowing the buyer to retrieve the package at the specified location and time. 

If the original packaging is damaged, torn, or opened upon delivery, the buyer must verify the condition of the items. If damaged, the buyer must refuse the package and note the issue on the delivery slip (“package refused due to damage or being opened”). 

The buyer must indicate on the delivery note, in writing and with their signature, any anomalies related to the delivery (e.g., damage, missing items, damaged package, broken products). 

This verification is considered completed as soon as the buyer or their authorized representative signs the delivery note. 

The buyer must confirm these reservations to the carrier via registered letter within two working days of receiving the items. A copy of this letter should also be sent to the seller. 

If products need to be returned, they must be sent back in their original condition (packaging, accessories, instructions) and within 14 days of delivery. Claims made after this period will not be accepted. 

Article 13 – Errors in Delivery

The buyer must notify the seller on the delivery day or the first working day following delivery of any claim regarding delivery errors or product non-conformity in terms of type or quality compared to the order. Claims made beyond this period will not be considered. 

Claims can be made by: 

• Email: hello@karioska.com
• Whatsapp: +33 7 65 84 17 73

After receiving the claim, the seller will provide an exchange number for the relevant product(s) via email. Products can only be exchanged after the issuance of an exchange number. 

In the event of a delivery error or exchange, any product to be exchanged or refunded must be returned to the seller in its entirety and original packaging. Check our Return and Refund Policy.

Article 14 – Product Warranty

14.1 Legal Warranty of Conformity

The seller guarantees the conformity of the goods sold under the contract, allowing the buyer to make a claim under the legal warranty of conformity provided for in Articles L. 217-4 and following of the French Consumer Code. 

In case of enforcement of the legal warranty of conformity, it is reminded that: 

– The buyer has two years from the delivery of the goods to take action. 

– The buyer may choose between repairing or replacing the goods, subject to the cost conditions provided by Article L. 217-17 of the French Consumer Code. 

– The buyer does not need to provide proof of the lack of conformity of the goods during the 24 months following delivery (6 months for second-hand goods). 

14.2 Legal Warranty Against Hidden Defects

In accordance with Articles 1641 and following of the French Civil Code, the seller is liable for hidden defects that render the goods unfit for their intended use or that significantly diminish their use to the extent that the buyer would not have purchased them, or would have paid a lower price, if aware of such defects. 

This warranty must be exercised within two years from the discovery of the defect. The buyer may choose between canceling the sale or receiving a partial refund as provided by Article 1644 of the French Civil Code. 

Article 15 – Right of Withdrawal

Application of the Right of Withdrawal

In accordance with the provisions of the French Consumer Code, the buyer has 14 days from the delivery of their order to return any item they are not satisfied with and request an exchange or refund without penalty, except for return shipping costs, which remain the buyer’s responsibility. 

Returns must be made in their original and complete condition (packaging, accessories, instructions) to allow for resale in new condition, accompanied by proof of purchase. 

Damaged, soiled, or incomplete products will not be accepted. 

The right of withdrawal may be exercised online using the withdrawal form available on this website. In such cases, an acknowledgment of receipt on a durable medium will be provided to the buyer immediately. Any other clear and unambiguous withdrawal declaration expressing the buyer’s decision to withdraw will also be accepted. 

If the right of withdrawal is exercised within the specified period, the price of the product(s) purchased and the delivery costs will be refunded. 

Return shipping costs remain the buyer’s responsibility. 

Exchanges (subject to availability) or refunds will be processed within 72 hours and no later than 14 days from the receipt of the returned products by the seller under the above conditions. 

15.1 Exceptions

In accordance with Article L. 221-28 of the French Consumer Code, the right of withdrawal does not apply to contracts: 

• For the supply of goods whose price depends on fluctuations in the financial market beyond the seller’s control, which may occur during the withdrawal period.
• For the supply of goods made to the buyer’s specifications or clearly personalized.
• For the supply of goods that are likely to deteriorate or expire rapidly.
• For the supply of goods that have been unsealed by the buyer after delivery and cannot be returned for health or hygiene reasons.
• For the supply of goods which, after delivery, are inseparably mixed with other items.
• For the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value depends on market fluctuations beyond the seller’s control.
• For urgent repair or maintenance work requested by the consumer.
• For the supply of audio or video recordings or computer software unsealed by the buyer after delivery.
• For the supply of newspapers, periodicals, or magazines, except for subscription contracts.
• For the supply of digital content not provided on a tangible medium, where performance has begun with the buyer’s prior express agreement and acknowledgment of the loss of the right of withdrawal.

Article 16 – Force Majeure

Any circumstances beyond the control of the parties preventing the performance of their obligations under normal conditions are considered grounds for exemption from the obligations of the parties and result in their suspension. 

The party invoking the circumstances mentioned above must immediately notify the other party of their occurrence and cessation. 

Force majeure includes all external, unforeseeable, and unavoidable events beyond the control of the parties, which they could not reasonably prevent. These include, but are not limited to, transportation blockades, natural disasters, fires, floods, power outages, and telecommunications interruptions. 

The parties will discuss the impact of the event and agree on how to continue the contract. If the force majeure lasts more than three months, either party may terminate the agreement. 

Article 17 – Intellectual Property

Karioska is a registered trademark.

The content of the website remains the property of the seller, the sole holder of the intellectual property rights to this content. 

The buyer agrees not to make any use of this content. Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement offense. 

Article 18 – Data Protection

18.1 Data Collection

The personal data collected on this website includes: 

• Account creation: When creating an account, the user provides their name, first name, email address, phone number, and mailing address.
• Login: When logging into the website, data such as names, login details, usage data, and payment-related information may be collected.
• Profile: Information entered during the use of services may include address and phone number details.
• Payment: Financial data related to payment methods (bank account or credit card details) may be recorded.
• Communication: Data from interactions with other users through the website may be temporarily stored.
• Cookies: Cookies are used for website functionality. Users can disable cookies via their browser settings.

18.2 Data Usage

Personal data is collected to: 

• Enable access and use of the website’s services.
• Manage and optimize website operations.
• Verify, identify, and authenticate transmitted data.
• Facilitate communication between users.
• Provide customer support services.
• Personalize services by displaying ads based on browsing history and preferences.
• Prevent and detect fraud or security issues.
• Manage potential disputes with users.

18.3 Data Sharing

Personal data may be shared with third parties in the following cases: 

• When using payment services, the website interacts with banking and financial institutions.
• When users authorize third-party websites to access their data.
• When services like user support, advertising, and payment require limited third-party access to user data.
• In compliance with legal obligations or administrative/judicial proceedings.
• In the event of a merger, acquisition, or asset sale involving the website, user data may be transferred to the third-party entity.

18.4 Data Security

The website implements organizational, technical, and physical measures to secure personal data against unauthorized access, alteration, or destruction. However, the internet is not a fully secure environment, and the website cannot guarantee total security of transmitted or stored data. 

18.5 User Rights

Under data protection regulations, users have the following rights: 

• Access: Users can request access to their data. Proof of identity may be required.
• Correction: Users can request corrections to inaccuracies in their data.
• Deletion: Users can request the deletion of their personal data.
• Restriction: Users can request the restriction of data processing in specific situations.
• Objection: Users can object to data processing under certain conditions.
• Portability: Users can request their data in a transferable format to share with another provider.

Requests can be sent to hello@karioska.com.

18.6 Policy Updates

The website reserves the right to update this data protection policy. Users will be notified of any changes via email 15 days before implementation. If users disagree with the revised policy, they may delete their account. 

Article 19 – Partial Invalidity

If one or more provisions of these General Terms and Conditions are deemed invalid or declared as such pursuant to a law, regulation, or final court decision, the remaining provisions will remain in full force and effect. 

Article 20 – Waiver

Failure by either party to enforce any provision of these Terms and Conditions shall not be considered a waiver of the right to enforce that provision in the future. 

Article 21 – Headings

In the event of difficulty interpreting any of the headings and clauses of these Terms and Conditions, the headings shall be deemed nonexistent. 

Article 22 – Contract Language

These General Terms and Conditions are drafted in French. In the event of translation into another language, only the French version shall prevail in case of a dispute. 

Article 23 – Mediation and Dispute Resolution

In the event of a dispute, the buyer may seek mediation through consumer mediation commissions, sector-specific mediation bodies, or alternative dispute resolution methods (conciliation, for instance). Mediator contact details are available on our website. 

In compliance with EU Regulation No. 524/2013, the European Commission provides an online dispute resolution platform to facilitate out-of-court settlements for disputes arising from online transactions. The platform is accessible at: [https://webgate.ec.europa.eu/odr/](https://webgate.ec.europa.eu/odr/). 

Article 24 – Applicable Law

These Terms and Conditions are governed by French law. The competent court is the judicial court. 

This applies to both substantive and procedural rules. In case of a dispute, the buyer must first contact the seller to seek an amicable resolution. 

Annex: Withdrawal Form

(Complete and return by registered mail within 14 days of contract conclusion.) 

 

To:

S2KA

166 Rue du Ménil, 92600 Asnières-sur-Seine 

WhatsApp: +33 7 65 84 17 73 

Email: hello@karioska.com 

 

I hereby notify you of my withdrawal from the contract regarding the following item(s): 

Ordered on: _____________ 

 

Name of consumer: _____________ 

Address of consumer: _____________ 

Date: _____________ 

Signature: _____________