1. Scope of application

The present terms and conditions of sale apply, without restriction or reserve, to all sales concluded between, on the one hand, the company Kréyòl Pailles société par actions simplifiée unipersonnelle, registered in the Cayenne Trade and Companies Register, under the number 849 460 092, whose registered office is 1 chemin de Rorota A 64 résidence écho des vagues 97354 Rémire Montjoly, whose commercial name is Kréyòl Pailles , and on the other hand, any non-professional professional buyer (hereinafter referred to as the “Client”
or the “Products”)
via the website (hereinafter referred to as the “Website”) or by direct order via the company’s sales representatives. They specify in particular the conditions of order, payment, delivery and management of possible returns of products ordered by the Customers.

The Products offered for sale are biodegradable straws (PLA and apple) or edible and flavoured SORBOS straws, it being specified that apple straws are also edible. The main characteristics of the products and in particular the specifications, illustrations and indications of dimensions or capacity of the products are presented on the website.

The Customer is required to read it before placing an order.

The choice and purchase of a Product is the sole responsibility of the Customer.

The Customer must familiarize himself with the precautions for use before using the products and respect them for any use. These same conditions are accessible online directly in the description sheet of the purchased product.

Kréyòl Pailles shall not be held responsible for damages caused by misuse of one of its products or by failure to respect precautions of use when using one of its products.

The information published on the site

The photographs and graphics presented on the Website are not contractual and Kréyòl Pailles cannot be held responsible for them.

The Customer must refer to the description of each product in order to know its essential properties and particularities.

The coordinates of Kréyòl Pailles are as follows:

Kréyòl Pailles
1 chemin de rorota
A 64 résidence écho des vagues 97354 Rémire Montjoly
Guyane

Number : 06.94.42.43.23
Email : kreyolpailles@gmail.com

The validation of the order by the Customer constitutes acceptance without restriction or reservation by the Customer of these terms and conditions of sale. The Customer acknowledges having the required capacity to contract and acquire the products offered on the Website. These conditions of sale shall prevail over any other general or special conditions not expressly approved by Kréyòl Pailles. These general terms and conditions of sale are accessible at any time on the website. The Customer declares to have read these general terms and conditions of sale and to have accepted them by ticking the box provided for this purpose before the implementation of the online ordering procedure as well as the general terms and conditions of use of the Website.

Kréyòl Pailles reserves the right to modify its conditions of sale at any time. In this case, the applicable conditions will be those in force on the date the order is placed by the Customer. In the absence of proof to the contrary, the data recorded in Kréyòl Pailles’ computer system constitutes proof of all transactions concluded with the Customer. The general terms and conditions of sale are concluded for the duration necessary for the supply of the Products.

In accordance with the Data-processing law and Freedoms of January 6, 1978, the Customer has at any time, a right of access, of correction and opposition to the whole of his personal data by writing, by mail and by justifying his identity, with the address above mentioned.

2. Orders

The Customer can place an order via the Internet on the website.

The Customer who wishes to place an order on the Website must obligatorily order according to the following terms and conditions:

– create a “customer account” in which he will indicate all the requested contact information,
– constitute an online “basket” by selecting all the Products chosen,
– accept the present general terms and conditions of sale,
– validate his order after having checked it,
– make the payment in accordance with the terms and conditions.

Any order supposes the adhesion without restriction nor reserve to the present general conditions of sale. Any order implies acceptance of the prices and description of the Products available for sale.

Contractual information is presented in French and is subject to confirmation at the latest at the time of validation of the order by the Customer.
From the moment the Customer has validated his order, he is deemed to have accepted with full knowledge of the facts and without reservation these general conditions of sale, the prices, volumes and quantities of products offered for sale and ordered. The sale will only be considered final after Kréyòl Pailles has sent the Customer confirmation of acceptance of the order by e-mail and after Kréyòl Pailles has received payment in full. It is up to the Customer to verify the accuracy of the order and to immediately report any error. Any order placed constitutes the formation of a contract between the Customer and Kréyòl Pailles.
Kréyòl Pailles’ product offers are valid while stocks last.
Kréyòl Pailles shall in no way be held liable for the unavailability of a Product.

Kréyòl Pailles reserves the right to cancel or refuse any order from a Customer with whom there is a dispute regarding the payment of a previous order.

In the absence of proof to the contrary, the data recorded by Kréyòl Pailles constitutes proof of all transactions made by Kréyòl Pailles and its customers.

The contracts concluded between the Customer and Kréyòl Pailles are archived for a period of ten years. The Customer will be able to access the archived contracts by sending a request by e-mail to the following address:

kreyolpailles@gmail.com
or by mail at the following address:

Kréyòl Pailles
1 chemin de rorota
A 64 résidence écho des vagues 97354 Rémire Montjoly
Guyane

3. Offers and prices

Kréyòl Pailles reserves the right to modify its prices at any time but undertakes to apply the current prices indicated at the time of the order, subject to availability at that date. Offers and products are provided at the current prices appearing on the Website or in the catalog (direct sale), at the time the order is recorded by Kréyòl Pailles.

The prices of the products are indicated in euros, all taxes included (it being specified that French Guiana is exempt from VAT), and do not take into account delivery costs, invoiced in addition, and indicated before the validation of the order, packaging and processing of the order.

Promotional offers are valid for the period of validity they mention and as long as they are displayed on the website or in the catalog (for direct sales), as well as within the limit of available stocks. Orders can only be accepted if the prices mentioned are in accordance with the current offer.

The price is payable cash, according to the following terms: up to 200 euros of order payment on delivery, over 200 euros, 50% deposit on order (by bank transfer, credit card, check or cash) and the balance payable on delivery according to the same terms.

No C.O.D. shipments will be accepted for any reason whatsoever. If one or more taxes or contributions, in particular environmental taxes, were to be created or modified, whether upwards or downwards, this change may be reflected in the sale price of the Products.

All orders are invoiced in euros and payable in euros.
Kréyòl Pailles reserves the right, in case of non-compliance with the terms of payment, to suspend or cancel the delivery of current orders made by the Customer.

4. Delivery

Delivery consists of the transfer of physical possession or control of the Product to the Customer.

4-1. Costs of making the Products available

For each order, a lump-sum contribution to the costs of provision is requested which includes postage, packaging and processing of the order. The flat-rate contribution is indexed to the delivery method chosen by the Customer at the time the order is placed.

The contribution to the shipping costs includes all taxes.

All Products are shipped by Colissimo suivi de La Poste, which undertakes to deliver within a reasonable period of time and offers the Customer the possibility of recovering the Products ordered at the post office close to the delivery address in case of absence of the initial place of delivery during the presentation of the letter carrier (for a country with post offices). If the Customer is absent on the day of delivery, the letter carrier will leave a calling card in his mailbox, which will allow him to collect his package at the post office during business hours, within fifteen days. The Customer is able to track his order thanks to the Colissimo number that is sent to him by email on the day his order is shipped.

4-2. Delivery times for Products

Kréyòl Pailles undertakes to make its best efforts to deliver the products ordered by the Customer as soon as possible. However, if the Products ordered and delivered via La Poste’s Colissimo service have not been delivered within thirty (30) days after placing the order, the Customer must inform Kréyòl Pailles as soon as possible by telephone or email. Kréyòl Pailles will get in touch with the Post Office in order for the latter to carry out an investigation, which may last up to twenty-one (21) days. If the Products are found, they will be re-routed to the Customer’s home. If the Products are not found at the end of the investigation, the Products will be deemed lost and Kréyòl Pailles will then be able to return replacement Products to the Customer at no additional cost to the Customer. If the Products ordered are no longer available, Kréyòl Pailles will reimburse the amount of the Products deemed lost. If the Products are still available, but have changed their selling price on the Website, Kréyòl Pailles will apply the new selling prices, either by reimbursing by bank check the difference, or by requesting an additional bank check from the Customer for the amount of the price difference.

In any event, if the Products have not been delivered within twenty (30) days after the indicative delivery date, for any reason other than force majeure or the Customer’s fault, the sale may be cancelled at the Customer’s written request under the conditions provided for in Articles L. 216-2 to L. 216-4 of the French Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of termination of the contract, to the exclusion of any compensation or deduction.

4-3. Delivery address

The Products are delivered to the address indicated by the Customer when placing the order. The Customer shall ensure its accuracy. Any package returned to Kréyòl Pailles due to an erroneous or incomplete delivery address will be reshipped at the Customer’s expense and Kréyòl Pailles shall not be held responsible for the impossibility in which it may be to deliver the order. If the Customer wishes to be delivered to two separate delivery addresses, he must place two separate orders, with the related delivery charges.

4-4. Receipt of the order

Upon receipt of the order, the Customer is required to check the condition of the Products delivered. In the event of apparent defects, the Customer benefits from the right of return under the conditions provided for in these general terms and conditions.

Any anomaly concerning the delivery (i.e.; missing or damaged products, damaged parcel) must imperatively be indicated, in the first place, on the delivery slip and in the form of handwritten reserves accompanied by the Customer’s signature with the carrier. Secondly, any anomaly must be notified as soon as possible after receipt of the Products at Kréyòl Pailles :

– by simple mail to the following address Kréyòl Pailles, Residence A64 écho des vagues 1 chemin de rorota 97354 Réire Montjoly ;
– by email at the following address: kreyolpailles@gmail.com ;
– by phone at 06 94 42 43 23 10, Monday to Friday from 9 am to 6 pm (Guyana time).

This verification is considered to have been carried out as soon as the Customer, or a person authorized by him, has signed the delivery note.

Kréyòl Pailles reserves the right to ask the Customer to return the deteriorated Product(s). In case of abnormal or abusive returns, Kréyòl Pailles reserves the right to refuse to honour any subsequent order from the Customer.

Deteriorated parcel

If the Customer notes at the time of delivery of his package to be delivered against signature that it is damaged, he may, at his option, refuse the package which will then be returned directly to Kréyòl Pailles or receive the package while pointing out the deterioration of its packaging.

If the Customer finds that the packaging of his package to be returned to the letter box is damaged, he may, provided that the package has not been opened, refuse the package by returning it to the post office, at the latest on the working day following its distribution.

The Customer can consult the procedures for returning damaged packages directly on the website of La Poste.

Returns under the “NPAI” motif

Returns with the reason “NPAI” correspond to parcels returned by the delivery service provider under the indication: “Does not live at the indicated address”. After receipt and acceptance of the returned package by Kréyòl Pailles services, a credit note for the total amount of the order, shipping costs deducted, will be credited to the Customer’s customer account within forty-eight (48) hours following receipt of the package by Kréyòl Pailles. The Customer will then be able to place his order again, making sure that the delivery address provided is correct.

Returns under the reason “unclaimed”.

Returns under the reason “unclaimed” correspond to packages that have not been claimed by Customers at the post office within fifteen (15) days from the notice of passage. After receipt and acceptance of the returned package by Kréyòl Pailles services, a credit note for the total amount of the order, shipping costs deducted, will be credited to the Customer’s customer account within forty-eight (48) hours following receipt of the package by Kréyòl Pailles. The Customer will then be able to place his order again.

4-5. Orders delivered outside the European Union

Orders shipped to countries outside the European Union are expressed without taxes. Taxes are to be paid by the Customer upon receipt of the package, according to the laws in force in the country of destination. It is incumbent upon the Customer to inquire with the local authorities about customs duties, local taxes and other import duties that may be claimed from him, as these duties are not the responsibility of Kréyòl Pailles.

The Products marketed by Kréyòl Pailles comply with French regulations. It is thus incumbent upon the Customer to inform himself/herself with the local authority of his/her country of any restrictions on the importation and use of the Products ordered.

Kréyòl Pailles shall not be held responsible for the purchase of a Product considered as non-compliant in a given country, even though said Product is compliant with French law.

5. Right of withdrawal

Pursuant to the provisions of Article L. 221-19 of the Consumer Code, the Customer has a period of fourteen (14) days from receipt of the order to exercise his right of withdrawal from Kréyòl Pailles, without having to justify his reasons or pay any penalty, for the purpose of reimbursement, provided that the Products are returned in their original packaging, complete (i.e.; accessories, notice) and in perfect condition, allowing them to be remarketed. Damaged, soiled or incomplete Products will not be taken back. The Products must be returned within fourteen (14) days following notification to Kréyòl Pailles of the Customer’s withdrawal decision. This period begins at the beginning of the first hour of the first day and ends at the end of the last hour of the last day of the period. If this period expires on a Saturday, Sunday or holiday, it is extended to the first following working day.

The Product in its original packaging must be sent to the following address:

Kréyòl Pailles
1 chemin de rorota
A 64 résidence écho des vagues 97354 Rémire Montjoly
Guyane

The Customer must imperatively accompany his package with the withdrawal form below or any other unambiguous statement expressing his willingness to withdraw:

Kréyòl Pailles
1 chemin de rorota
A 64 résidence écho des vagues 97354 Rémire Montjoly
Guyane

I hereby give notice of withdrawal from the contract relating to the order of the Products below:
– Order from : …………
– Order number : …………..
-Name of the customer : …………………….
– customer adress
………………………….. [Signature du Client]
It is advisable to return the package by tracked mail, in the event that the package is lost in the mail, as Kréyòl Pailles cannot be held responsible in this regard.

6. Reimbursement

In the event of non-receipt of the order within the aforementioned delivery times, for any reason other than force majeure or the Customer’s fault, the sale may be cancelled at the Customer’s written request, under the conditions provided for in Articles L. 216-2 of the French Consumer Code. The sums paid by the Customer will then be returned to it at the latest within fourteen (14) days following the date of termination of the contract by the Customer, to the exclusion of any compensation or deduction.

In the event of unavailability of the Product ordered, the Customer having opted for the refund will be reimbursed the sums paid within thirty (30) days of their payment at the latest.

In the event of exercise of the right of withdrawal within the period referred to in Article 5, only the price of the Product(s) purchased and the delivery costs shall be refunded; the return costs shall be borne by the Customer. The Customer will be reimbursed within fourteen (14) days following receipt of the Products by Kréyòl Pailles.

Reimbursement will be made according to the method of payment used by the Customer at the time of his order.

Kréyòl Pailles reserves the right to cancel and refund all orders made by a professional.

7. Terms of payment

It is an order with an obligation of payment, which means that the placing of the order implies a payment by the Customer.

To pay for his order, the Customer has, at his choice, all the payment methods made available to him by Kréyòl Pailles:
-by bank transfer
-by check
-by credit card (secure remote payment by phone: V.A.D.)
-by cash

The Customer guarantees to Kréyòl Pailles that he has the authorizations that may be necessary to use the method of payment chosen by him when validating the order form. Kréyòl Paille reserves the right to suspend any order management and any delivery in case of refusal to authorize payment by credit card by the officially accredited organizations or in case of non-payment. In particular, Kréyòl Pailles reserves the right to refuse to make a delivery or to honor an order from a Customer who has not fully or partially paid for a previous order or with whom a payment dispute is in progress.

Kréyòl Pailles does not keep personal or financial information in its database when processing the Customer’s payment.

Credit card payment

Payment by credit card is made through a secure transaction. The customer calls Kréyòl Pailles (or asks to be contacted by Kréyòl Pailles) and verbally indicates his or her credit card number to the caller, who enters it directly on the payment terminal. A receipt is then automatically generated and copied to the customer. The data relating to the customer’s credit card is neither recorded nor stored. Payment is secure, directly from our partner LCL. Payment data is exchanged in encrypted mode.

Payment by check

The Customer has the possibility to pay his order by check, according to the following methods:

The Customer prints his order and sends it by mail to Kréyòl Pailles, accompanied by a check for the amount of the order.

The check must be made payable to Kréyòl Pailles, in Euros, and must be cleared by a French bank.

Caution: by choosing to pay by check, the order will be processed only after it has been cashed and the delays referred to in article 4-2 will only start from that moment.

8. Transfer of Ownership – Transfer of Risk

The transfer of ownership of Kréyòl Pailles’ Products to the Customer will only take place after full payment of the price by the Customer, regardless of the delivery date of said Products.

Regardless of the date of the transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto will only take place when the Customer takes physical possession of the Products. The Products travel at the risk of Kréyòl Pailles.

9. Responsibility

The Products sold comply with the regulations in force in France.
The Products supplied by Kréyòl Pailles benefit by right and without additional payment, regardless of the right of withdrawal:
– the legal guarantee of conformity provided for in Articles L. 217-4 and following of the Consumer Code, for Products that are apparently defective, damaged or damaged or that do not correspond to the order ;
– the legal warranty against hidden defects provided for in Articles 1641 et seq. of the French Civil Code, resulting from a defect in material, design or manufacture affecting the Products delivered and rendering them unfit for use.

Article L. 217-4 of the Consumer Code :

The seller shall deliver goods in conformity with the contract and shall be liable for any lack of conformity existing at the time of delivery. He shall also be liable for defects of conformity resulting from packaging, assembly instructions or installation when the latter has been charged to him by the contract or has been carried out under his responsibility.

Article L. 217-5 of the Consumer Code :

“The property is in conformity with the contract:
1° If it is fit for the use usually expected of a similar property and, where applicable :
– if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
– if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling;
2° or if it has the characteristics defined by mutual agreement between the parties or if it is suitable for any special use sought by the buyer, brought to the seller’s knowledge and accepted by the latter. »

Article L. 217-12 of the Consumer Code :

“The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods. »

Article 1641 of the Civil Code :

“The seller is bound by the warranty on account of hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known about them.”

Article 1648 of the Civil Code: “to take again the article and to erase paragraph below which is badly positioned” within two years as from the discovery of the defect. »

In order to assert its rights, the Customer must inform Kréyòl Pailles, in writing, of the non-conformity of the Products within a maximum period of two (2) years from the delivery of the Products or the existence of hidden defects within a maximum period of two (2) years from their discovery.

The Customer may choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-9 of the French Consumer Code.

Shipping costs will be reimbursed on the basis of the invoiced rate and return shipping costs will be reimbursed upon presentation of receipts.

Refunds for Products judged to be non-compliant or defective will be made as soon as possible and at the latest within thirty (30) days following the observation by Kréyòl Pailles of the lack of conformity or latent defect. Reimbursement will be made by crediting the Customer’s bank account or by bank check sent to the Customer.

Kréyòl Pailles cannot be held responsible in the following cases:

– non-compliance with the legislation of the country in which the Products are delivered, which it is up to the Customer to verify;
– in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, such as in the event of normal wear and tear of the Product, accident or force majeure.

Kréyòl Pailles’ warranty is, in any case, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.

10. Intellectual Property

All trademarks, photographs, texts, comments, illustrations, animated or non-animated images, video sequences, sounds, as well as all computer applications that could be used on the website and more generally all elements reproduced or used on the site are protected by the laws in force under intellectual property.

They are the full and entire property of Kréyòl Pailles or its partners. Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these elements, including computer applications, without the prior written consent of Kréyòl Pailles, is strictly prohibited. The fact that Kréyòl Pailles does not initiate proceedings as soon as it becomes aware of these unauthorized uses does not constitute acceptance of said uses and waiver of prosecution. Any single link or hypertext link is strictly forbidden without the express written consent of Kréyòl Pailles.

11. Personal data

In accordance with the law n°78-17 of January 6, 1978 relating to data processing, the files and freedoms, it is reminded that the personal data which are requested from the Customer are necessary to the treatment of its order and to the establishment of the invoices, in particular. These data may be communicated to possible partners of Kréyòl Pailles in charge of the execution, processing, management and payment of orders.

Kréyòl Pailles undertakes not to disclose to third parties the information communicated by Customers and visitors on the Website. These are confidential. They will only be used by Kréyòl Pailles’ internal services for the processing of the order and to reinforce and personalize the communication in particular by letters and information e-mails as well as within the framework of the personalization of the Website according to the preferences noted by the users.

The processing of information communicated through the Website has been declared to the CNIL.

The Customer has a permanent right of access, modification, rectification and opposition regarding the information concerning him/her. This right may be exercised under the conditions and according to the terms and conditions defined on the Website.

The Customer is informed that during his visits to the Website, a cookie may be automatically installed on his browser software. A cookie is a block of data that does not allow the Customer to be identified as a user, but which makes it possible to record information relating to his browsing on the Website. To place an order on the Website, the Customer must accept cookies. The Customer may disable cookies, in which case he will be able to access the Website but will not be able to place an order on the Website. The procedures for deactivating cookies, depending on the browser software used by the Customer, are available on the CNIL website http://www.cnil.fr.

12. Applicable Law – Dispute Resolution

These general terms and conditions of sale and the operations resulting from them are governed and subject to French law, to the exclusion of the Vienna Convention. In case of dispute or claim, the buyer will address in priority to Kréyòl Pailles to obtain an amicable solution.

ALL DISPUTES TO WHICH THE OPERATIONS OF PURCHASE AND SALE CONCLUDED IN APPLICATION OF THE PRESENT GENERAL CONDITIONS OF SALE COULD GIVE RISE, CONCERNING THEIR VALIDITY, INTERPRETATION, EXECUTION, TERMINATION, CONSEQUENCES AND CONSEQUENCES AND WHICH COULD NOT BE RESOLVED BETWEEN THE SELLER AND THE CUSTOMER WILL BE SUBMITTED TO THE COMPETENT COURTS UNDER THE CONDITIONS OF COMMON LAW.

The Customer is informed that he may in any event have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation, in accordance with Article L. 612-1 of the French Consumer Code, or with existing sectoral mediation bodies, or to any alternative dispute resolution method (i.e. conciliation) in the event of a dispute.

13. Partial non validation

If one or more stipulations of the present general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain all their force and scope.

14. Force majeure

Any circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations shall be considered as grounds for exoneration of the parties’ obligations and shall lead to their suspension.

The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.

Will be considered as force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. The following are expressly considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the Customers.

The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure lasts more than three (3) months, these general conditions may be terminated by the injured party.

15. Pre-contractual information – Acceptance by the Customer

The Customer acknowledges having been informed, prior to placing his order, in a legible and comprehensible manner, of these General Terms and Conditions and of all the information and details referred to in Articles L. 111-1 to L. 111-8 of the French Consumer Code, and in particular :

– the essential characteristics of the Product, taking into account the communication medium used and the Product concerned;
– the price of the Product and its ancillary costs ;
in the absence of the immediate execution of the contract, the date or time period on which Kréyòl Pailles
undertakes to deliver the Product;
information relating to the identity of Kréyòl Pailles, its postal, telephone and electronic contact details and its activities, insofar as they are not apparent from the context,
– information relating to legal guarantees and how they are implemented
– the functionalities of digital content and, where appropriate, its interoperability,
– the possibility of resorting to conventional mediation in the event of a dispute,
– information on the right of withdrawal.

The fact, for an individual or a legal entity, to order implies full and complete adherence and acceptance of the present general conditions of sale and obligation to pay for the Products ordered, which is expressly recognized by the Customer, who renounces, in particular, to avail himself of any contradictory document, which would be unenforceable against Kréyòl Pailles.