DATA CONFIDENTIALITY & LEGAL MENTIONS

 

Private policy on the website "MonDéfilé.com"

1.    Definition and nature of personal data
While you are using MonDéfilé website accessible under the internet address www.mondefile.com (hereafter called « the Website »), we can ask you to communicate some personal data. The term "personal data" stands for all necessary data to identify a person, that is name, surname, log in pseudonym, mailing address, email address, date of birth, and other details that you will decide to communicate to us.

2.    Object of this private policy
This private policy is made to inform you about the means we put into place to collect personal data, in the strict respect of your rights. We inform you that we are acting in accordance to the actual version of the French law n.78-17, dating from January 6th 1978, relative to IT, files and liberty.

3.    Identity of company in charge of the data collection
Company KAKKO (here in after referred as "we") registered in France under the registration number B 534 655 121 in RCS Paris is in charge of the collection of your website personal data. KAKKO registered address is 35 Quai de Valmy, 75010 Paris - FRANCE.

4.    Personal data collection
Your personal data is collected to answer one or several of the below needs :
i) manage your access to our services on the Website,
ii) elaborate commercial statistics, market studies and behavioral studies,
iii) create and manage prospect files, that includes technical operations such as normalization, enrichment and duplication ,
iv) make operations linked to customer management,
v) select customers to conduct prospection and promotion campaigns,
vi) send newsletters, requests and promotional messages which can include advertising from a third party. If you disagree with this, you can click on the box to show your disagreement when your data is collected,
vii) respect our legal and regulatory obligations.
During data collection process, we will inform you whether some of the data is absolutely required or optional. We will also let you know about the consequences of a lack of reply.

5.    Viewers of collected data addresses
The people who will have access to your personal data are MonDéfilé commercial and administrative staff, their managers, the units in charge of control (external and internal auditors) and external companies in contract with us. Public organizations such as justice assistants, ministerial officers, collection agencies, can also have access to your personal data (exclusively in the need to comply with legal obligations).

6.    Personal data transfer
Your personal data can be transferred, rented or exchanged with a third party. If you wish so, we will give you the opportunity to click on a check box to agree to it during your data collection.

7.    Maintenance period of your personal data
Your personal data will not be maintained up to the period strictly necessary to manage our relationship with you and up to the period when your data is necessary for prospection campaigns. In any case,  your personal data will be deleted one year after your last contact with us or after you have not answerred to successive solicitations, except for the information which is necessary to establish the proof of a right or of a contract. In this case, law authorizes us to archive your personal data during a ten year period.

8.    Security
We inform you that we will always make our best efforts to preserve the security of your personal data, in particular to avoid distortion, damage or access to a non authorized third party. 

9.    Cookies
In order to serve you at best, we measure quantity of read pages, quantity of visits, visitor’s activity and frequency of return. To do that, we use “cookies” technology. A cookie does not allow us to identify you. It records details about navigation from your computer on our website (pages you visit, date and hour of the visit,..). We can read those details during your future visits. It contains data you have just given it so that you will not be obliged to fill up the form you already filled. The maintenance period of these details in your computer is 20 days. We inform you that you can refuse the “cookies” recording by a special configuration of your browser: 

For Mozilla firefox :
1.    Choose the menu "tools" then "Options"
2.    Click on the "private life" icon
3.    Choose the "cookie" menu and select the options that you prefer

For Microsoft Internet Explorer 8 :
1. Choose the menu "Tools", then "Internet Options"
2. Click on "Confidentiality" tab
3. Click on the advanced button of the Parameters section
4. In the window Advanced confidentiality parameters, do not click the option « Ignore the automatical management of cookies » to always authorize them
5. To forbid every cookie, tick the option « Ignore the automatical management of cookies», then select the options to refuse. To have the choice for each website, choose the option “Ask”. In this case, if you visit a site using cookies, a window will open Confidential advice asking for acceptation or refusal to install cookies.

For Microsoft Internet Explorer 6.0 :
1. Choose "Tools" menu, then "Internet Options"
2. Click on "Confidentiality" tab
3. Select the level you would like using the cursor

Forr Microsoft Internet Explorer 5 :
1. Choose "Tools" menu, then "Internet Options" 
2. Click on "Security" tab
3. Select "Internet" then "Custom Level"
4. Check the "cookies" section and choose the option you prefer

For Netscape 6.X et 7. X :
1. Choose "Edition">"Preferences"
2. Confidentiality and Security
3. Cookies

For Opéra 6.0 and above :
1. Choose menu "File">"Preferences"
2. Private life

10. Agreement
When you choose to communicate your personal data on the Website, you agree expressly to the collection and use of your personal data in accordance with this present Policy and the applicable legislation

 

11.    Access to your personal data
In accordance with the French law n°78-17 of January 6th 1978 relative to IT, files and liberty, you have the right to access the information related to you. If you want to exercise this right and receive the detail of the data we have about you, please write an email to contact@mondefile.com or send a letter the following mail address “ KAKKO 35 quai de Valmy 75010 Paris, France.

12.    Modifications
We reserve the right to modify this present Policy, partly or totally, at any moment and at our own option. All the changes will be effective when the new Policy is published on the Website. Your use of the Website after these changes will mean your acknowledgement and agreement to this new Policy. If you do not agree to this new Policy, you will not access to the Website. 

13.    Date of effectiveness of policy
The present Policy is effective since October 5th, 2011.

 

LEGAL MENTIONS

 

Company name : KAKKO SAS

Registration number : 5346 5512 1000 18 R.C.S Paris - France, capital stock 34 713€

VAT number : FR 5053 4655 121

Registered address : 35 quai de Valmy 75010 Paris - FRANCE

Email address : contact@mondefile.com

Phone number : 0033 (0) 1 84 16 00 90 - from Monday to Friday (local call price from France / standard international price from abroad)

Website publishing director : Jeanne Coëffé

Web provider : DIDS SARL, 18 rue Beaurepaire 75010 Paris - FRANCE, tel : (0033) 9 53 94 28 02

CNIL declaration number : 1513767



TERMS AND CONDITIONS

 

1. Purpose

The following Terms and Conditions are enforced in all the web-sales organized by “KAKKO” Company on the website www.mondefile.com (herein after referred to as “the Website”) without restriction nor reservation.

The Website is an e-commerce platform which allows Customers (herein after referred to as "Customers" to buy clothes and accessories created by several designers, and sold on the Website (herein after referred to as "Items").

The purchase of "Items" is authorized only to people above 18 years old or people under 18 years old with formal agreement of their parents or person legally in charge.

The following Terms and Conditions aim to define the terms and conditions of the order and delivery of Items and define the mutual rights and obligations between the two parties.

They are accessible and printable at any time by a permanent link on the Website.

They can be completed by particular Terms and Conditions for special Items or services. Those particular Terms and Conditions add to the following Terms and Conditions and in case of a contradiction, they will prevail over those.

2. Identity of seller and contact

The Website is edited and operated by “KAKKO” company, SAS with a 34,713€ capital stock registered in Paris RCS under n°534 655 121. The registered address is 9 rue Felix Ziem 75018 PARIS FRANCE. “KAKKO” is the company selling the Items .

Kakko can be contacted with the folowing details :

Mail address : 35 quai de Valmy 75010 Paris - France

Phone number : 0033 (0)1 84 16 00 90

Email address : contact@mondefile.com

3. Agreement to terms and conditions

Before ordering, the Customer declares he/she has his/her entire legal capacity to sign the following Terms and Conditions.

This agreement is materialized by a tick in the order tick box. This agreement must be full and complete. Agreement with reserve is not accepted and is non-existent. The Customer who does not agree to the following Terms and Conditions must not order on this Website.

4. Website and Items exclusively reserved to private individuals

The Website and Items are exclusively reserved to the use of private individuals and not to the use of professionals. Professionals are individuals or corporate bodies who work in a non occasional way in any industrial or trade sectors and particularly in the fashion and accessory business sectors.

5. Items characteristics

Before any order online and in accordance with .article L111-1 Code de la Consommation (French Consumer Code), the Customer can get information on the Website about the characteristics of each Item he/she wants to order.

Items shown on the Website (except Items referenced under the Old Collection) are proposed in the limit of stock availability.

Images and descriptions of Items which are to be sold on the Website are as precise as possible. KAKKO is only engaged on what is precisely mentioned. KAKKO cannot be responsible of mistakes or omissions.

6. Registration

6.1. Before any order online, the Customer must register on the Website, that is he/she must create an account (herein after referred to as “Account”) and fill in a form created on this purpose. The Customer must fill in all the required fields. Every incomplete registration will not be confirmed.

The Customer guarantees all the details given in the form are true, up to date and not given in order to mislead.

The Customer commits to update those details, if they happen to change (particularly, change of address).

The Customer is informed and accepts that details given by him/her to create or modify his/her Account are considered as a proof of identity. Details given by the Customer engage the Customer as soon as they are validated.

6.2. The Customer can reach his/her Account at any time, after logging in by using his/her log in and password. He/she is responsible for confidentiality of the log in and password. He/she must immediately contact KAKKO if he/she notices his/her Account has been used without his/her consent. The Customer has to use the address mentioned in article 2 of these Terms and Conditions. He/she admits that KAKKO is authorized to take appropriate mesures in such cases.

7. Order

To place an order, the Customer must select the chosen Items and put them in the cart.

The Customer can reach the cart recap at any time when the order is not completed and he/she can correct potential mistakes in entered data.

To validate the order, the Customer has to click on ”Cart” (at the right top of the page) and visualize the recap of the order. If the order is right, he/she clicks on “Next” button. A new page appears. If the Customer is a new Customer, he/she has to subscribe on the Website as per article 6. If not, he/she has to give all the requested details and click “I agree Terms and Conditions of the purchase”. By this agreement, he/she definitively confirms the order placement and without any condition before payment.

At the end of the order, the Customer receives an email confirming the order. This confirmation is sent under the conditions of article 8.2.

The Customer must be sure the details he/she communicates during the order are correct and authorize him/her to receive the order confirmation. If he/she does not receive it, he/she must contact KAKKO at the address indicated in article 2.

KAKKO recommends the Customer to keep all details of the order confirmation.

The order and its confirmation are considered as collected when each party can access to them.

8. Prices and means of payment

8.1. Prices

Selling prices are published on the Website. Selling prices are shown in Euros, all French taxes included (French VAT and other due taxes).

They do not include shipping costs, if due, billed in addition to prices of purchased Items as written in article 9. The amount of shipping costs will be given before the order completion by the Customer.

The due price is the price published on the Website when the Customer’s order is registered.

For the Items sent out of the European Union and French Overseas Departments and Territories, the price will be calculated VAT excluded.

Warning: Out of European Union and in French Overseas Departments and Territories, customs duties or local taxes can be likely due for payment and billed to the Customer when parcel is received in addition to the price paid to KAKKO. KAKKO is not able to calculate in advance the exact amount of those duties and taxes. KAKKO can therefore not inform in advance the Customer how much the additional price will be. The Customer is the unique person in charge of potential statement and formalities and is entirely responsible for this.

8.2 Means of payment

The complete price is due at the order placement.

The payment can be made on line in different ways :

-        By debit/credit card using a secure payment service on line Realex Payments. Regarding data security of means of payment, Releax Payments put through an SSL encryption process that ensures data confidentiality. When  data is entered and transferred via Internet, it is immediately coded. Reading is impossible. Data are not published in our reporting.

-        Or by another means of payment that will be indicated on the Website.

The Customer guarantees KAKKO that he/she has all the authorizations necessary to use the means of payment.

KAKKO is authorized to adjourn or cancel any order or delivery in case of non-payment of any amount due by the Customer, or in case of payment technical incident or in case of cheating or cheating attempt when the Website is used.

To secure the transaction, and in case of a warning sent from our service provider Relax Payment regarding the data given by the Customer during the order, KAKKO reserves the right to ask for proofs concerning identity, address or means of payment. The Customer has to deliver the asked substantiating documents within 15 days after KAKKO asks for them. If not or if Realex Payment considers the transaction hazardous despite the proofs, KAKKO is authorized to cancel the order at its own discretion. Proofs application and transmission period can delay the delivery date of the Items, described in article 9.3, which the Customer expressly accepts.

Penality fees, calculated with a rate of one time and a half (1.5) French legal interest rate are due in addition of the unpaid sum as soon as the bank payment is refused.

8.3. Property reserve

Kakko keeps the entire property of the sold Items until the price is properly paid by the Customer.

8.4. Gift vouchers

KAKKO allows Customers to buy gift vouchers of a predetermined amount. The gift voucher is sent by mail at the address given by the Customer.

The Customer can also receive gift vouchers during promotional operations or through the friend referral program.

The gift vouchers validity time is one year.

These gift vouchers must be totally used for a purchase on the Site and cannot be used for potential shipping costs. If the purchase amount is lower than the gift voucher amount, the remaining amount cannot be used for another purchase.

9. Items delivery

9.1 Items are delivered to the address indicated in the order. A formal invoice is included in the parcel.

9.2 Different means of delivery are possible depending on the type of Items and weight.

Orders to Mainland France and Corsica are free of shipping costs and are delivered by “Colissimo” or via“Point Relais”.

During the order, the Customer is informed of different delivery options he/she can use for the purchased Items as well as the costs of delivery, if due.

The Customer has to select one option for delivery and give all the details needed to deliver the Item by this means of delivery.

9.3 A limit date of delivery is given to the Customer in the order recap before order validation.

Except case indicated in article 8.2, if delivery happens later than 7 days after the announced date and if no force majeure, the Customer can break off the order by sending a registered mail with reception advice to the address mentioned in article 2 and get back a complete repayment in a delay of 30 days. This repayment is exclusive of other compensation.

9.4 The Customer is informed in the best timeframe if the Item is not available. At this time, he/she can get back a complete repayment in a delay of 30 days. This repayment is exclusive of other compensation 

10. Withdrawal right

A period of 14 clear days, counting down from the delivery date of purchased Items, is available for the Consumer to withdraw from the order without any reason and penalty charges, except return costs.

He/she has to notify that he/she wants to use his/her withdrawal right by notifying it in his/her Account on the Website.

The Items must be returned to KAKKO in their original packaging, with all their accessories, without use marks. The Customer must also return a copy of the corresponding invoice and the return sticker given by KAKKO, when Items are delivered.

KAKKO will refund the total initial sum paid by the Customer as quickly as possible and in a maximum delay of 30 days. The eventual sum advanced by KAKKO for the return costs will be deducted.

11. Legal guarantees - return process

The Customer has the benefit of legal guarantees for non compliance and hidden defects concerning the sold Items.

If the Consumer notices the delivered Item presents a defect, a compliance defect or is damaged, he/she has to inform KAKKO by noticing it in his/her Account on the Website or by getting in touch with KAKKO customer service with the address mentioned on the invoice, the delivery receipt or on the Website. The Customer must explain what is the default, the non compliance or the damage.

The Customer must take all necessary means to return the Item to KAKKO during the 30 days following the date of given return number.

The Items must be returned in their original packaging with all their accessories. The Customer must also return a copy of the corresponding invoice given by KAKKO when Items are delivered.

If this process is not respected, the returned Items will not be taken into account.

KAKKO will proceed through necessary checks and propose to the Customer compensation or substitution of the Item, if possible.

If compensation or substitution of the Item is impossible, KAKKO will propose to the Customer reimbursement of the complete paid price ( including shipping costs) in repayment or offer the Customer a gift voucher which can be used on the Website. The Customer will receive gift voucher or repayment as quickly as possible and at least 30 days after the date he/she lets know KAKKO his/her choice. 

12. Additional guarantee

Within the additional guarantee policy, the Customer is allowed by KAKKO to return an ordered Item without any reason and without penalties, except return shipping costs, during 15 days after the date of reception of this Item.

The Customer must inform KAKKO if he/she wants to make use of this guarantee by notifying it in his/her Account on the Website.

The Items must be returned to KAKKO in their original packaging, including all accessories, without use marks. The Customer must return also a copy of the corresponding invoice given by KAKKO when Items are delivered.

If this process is not respected, the returned Items will not be taken into account.

By making use of this guarantee, the Customer has to support risk generated by Item return. If the Item is lost or damaged when returning, he/she will not be entitled to be refunded.

KAKKO will refund the total initial sum paid by the Customer as quickly as possible and within a of 30 days. The eventual sum advanced by KAKKO for the return costs will be deducted.

13. Friend referral

Every Customer can become a sponsor of one or more of his/her friends in order that they subscribe to the Website.

The referred friend will receive a 10€ gift voucher which can be used on the Website.

The sponsor will receive a 10€ gift voucher for every first order made by the referred friend on the Website. Within the promotional sponsorship program indicated on the Website, the Customer can receive extra gift vouchers related to the number of new subscribers he/she refers. 

14. Responsability

KAKKO commits to regularly control the Website in order to check that the Website is working and accessible to users. Subsequently, KAKKO is authorized to momentarily interrupt access to the Website for maintenance reasons. Also KAKKO cannot be considered responsible for difficulties or impossibilities in Website access in case of exterior reasons, force majeure or communications disturbances. Using the Website involves the knowledge and acceptance of Internet and the linked technologies characteristics and limitations.

Every person connecting to the Website does it on his/her own responsibility. The Customer has to take all appropriate measures to protect personal data or/and software located on his/her computer against any violation.

Also KAKKO cannot be considered responsible of non-execution or delay in purchase agreement in case of force majeure or disturbances or total or partial strikes, especially when dealing with postal services, transportation and communication.

15. Intellectual property rights

Systems, software, structures, infrastructures, databases and all contents (text, images, visuals, music, logos, brands, etc…) which are operated by KAKKO on the Website are protected by all current intellectual property rights. Every dismantling, decompilation, decoding, extraction, re-use, copy and generally every action of reproduction, representation, distribution or use of one of these elements, totally or partly, without KAKKO authorization are strictly forbidden and can lead to legal proceedings. 

16. Personal data

KAKKO applies a policy of personal data protection which is described in Data Protection policy. The Customer is invited to read and acknowledge it.

17. Advertising

KAKKO keeps the right to insert on all pages of the Website all advertising or promotional messages under the form and conditions decided by KAKKO.

18. Links and third party websites

KAKKO will not be considered responsible for any technical availability of Internet sites operated by third parties (including KAKKO’s eventual partners) if the Customer access to them through the Website.

KAKKO does not assume any responsibility on contents, advertisings, items and/or services available on these third party websites. They are governed by their own conditions of use.

KAKKO is not responsible for transactions between the Customer and any advertiser, professional and retail trader the Customer has been oriented to through the Website. KAKKO is not part of an eventual dispute between the Customer and those third parties particularly concerning items or services delivery, guarantees, statements and other obligations those third parties are in charge of.

19. Prohibited behaviors

19.1 Are strictly prohibited: (i) all behaviors that can cause interruption, suspension, slowing down or preventing normal working of the Webite, (ii) all intrusions or intrusion attempts inside KAKKO’s systems, (iii) all diversions of the Website system resources, (iv ) all actions that require disproportional charge on KAKKO’s infrastructures, (v) all violations of security and identification measures, ( vi ) all acts that could detract financial, commercial or moral rights and interests of KAKKO and the Website users, ( vii ) practices diverting the Website from the finalities it has been designed for and more generally ( viii ) all failures of those Terms and Conditions or laws and rules in use.

19-2 It is as well prohibited to make money, to sell or to allow total or incomplete access to the Website and to internal details of the Website.

19-3 In case of failures of one disposition of this article and more generally of laws and rules, KAKKO reserves the right to take appropriate measures and start legal proceedings.

20. Language

If those Terms and Conditions are translated in several languages, the reading language will be the French language in case of contradiction or dispute on the meaning of one term or one contractual disposition. 

21. Modification of Terms and Conditions

KAKKO reserves the right to modify the present Terms and Conditions. In this case, the applicable conditions will be those in use at the date the Customer order. 

22. Applicable law and juridiction

The present contract is governed by French law. In case of dispute on validity, interpretation or execution of those Terms and Conditions, parties decide that Paris Courts are the unique relevant court, except conflicting imperative rules of proceeding .

23. Date of coming into effect

The present Terms and Conditions have been effective since October 5th 2011 and were modified on September 15th 2013.


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