Terms of sale
By using this website, you agree to be bound by these Terms and Conditions. If you do not agree, you must not access or use this website or the services offered on it.
These Terms and Conditions apply to www.kactus-klothing.com, operated by SARL KACTUS, with share capital of 2€, registered with the Trade and Companies Register (RCS) of Vienne under number 985194737, intra-community VAT number FR43985194737, with its registered office at 341 Rte de Saint Jean de Bournay, 38440 Villeneuve de Marc, France.
Contact: letstalk@kactus-klothing.com
Our shop is hosted by Shopify Inc., which provides the e-commerce platform enabling the sale of our products.
Article 1 — Purpose
These Terms define the conditions of use, ordering, payment and delivery between www.kactus-klothing.com and the customer, whether located in France, the European Union, or elsewhere in the world.
Article 2 — Products
Products are offered subject to availability and are described as accurately as possible. KACTUS shall not be held liable for any errors or omissions in this presentation. Photographs may show minor variations (colours, sizes, shapes) compared to the actual product.
Article 3 — Order
The customer selects items, adds them to the cart, then completes the order by clicking "Payment". The customer then provides personal and payment details, and may review and amend the order before final validation. Order confirmation constitutes acceptance of these Terms.
The order constitutes a sales contract between the customer and KACTUS, subject to product availability. A confirmation email is sent once the order is validated.
Article 4 — Prices and currencies
Prices are set and invoiced in euros (EUR), VAT included where applicable.
For the convenience of international customers, the amount may be displayed in a local currency through the automatic conversion offered by our platform (Shopify). This amount is indicative only: it is calculated based on the exchange rate applicable at the time of payment and may slightly vary depending on conversion fees applied by the customer's bank or card issuer.
In the event of a refund, it is processed using the exchange rate applicable at the time of the refund, which may differ from the rate applied at purchase.
For orders delivered outside the European Union, customs duties or local taxes may apply (see Article 6).
Article 5 — Payment
Payment is made using the methods offered at checkout (credit/debit card, digital wallets such as Apple Pay or Shop Pay, local payment methods), all securely processed by Shopify Payments and/or its partner providers, as well as via PayPal (Europe) S.à.r.l. & Cie where applicable.
Transmitted information is encrypted and cannot be read while in transit over the network. KACTUS has no access to the customer's card numbers; all transactions are secured via SSL encryption.
In accordance with Article L.133-2 of the French Monetary and Financial Code, a payment commitment made by card is irrevocable.
Payment is due in full at the time of order, unless the customer chooses a third-party deferred or instalment payment solution (such as Klarna) offered at checkout, which is then governed by that provider's own terms and conditions, independent of KACTUS.
Article 6 — Delivery and customs
Delivery terms, timeframes and costs are specified at checkout and detailed in our Shipping Policy.
- European Union: delivery with no customs formalities.
- Outside the EU, except the United States (Incoterm DAP – Delivered At Place): customs duties, import taxes and related fees are the customer's responsibility and are collected upon delivery by the carrier or local customs authorities.
- United States (Incoterm DDP – Delivered Duty Paid): duties and taxes are prepaid by KACTUS; no additional fees are due by the customer upon delivery.
KACTUS cannot be held liable for customs clearance delays or parcel refusals resulting from the customer's failure to pay these fees.
Article 7 — Right of withdrawal
In accordance with Articles L.221-18 et seq. of the French Consumer Code, consumers have a period of 14 days from receipt of the product to exercise their right of withdrawal, without having to justify any reason or pay any penalty, except for return shipping costs.
This period is extended to the next working day if it expires on a Saturday, Sunday or public holiday.
In the event of withdrawal, KACTUS refunds the price of the product as well as standard delivery costs, within a maximum of 14 days from receipt of the returned product or proof of shipment. Return shipping costs remain the customer's responsibility unless stated otherwise.
Full details are provided in our Return Policy.
Article 8 — Legal warranty of conformity and hidden defects
Every product sold benefits, as a matter of law, from:
- the legal warranty of conformity (Articles L.217-3 et seq. of the French Consumer Code), for 2 years from delivery of the goods;
- the warranty against hidden defects (Articles 1641 et seq. of the French Civil Code).
In the event of non-conformity or a hidden defect, the customer may request repair, replacement or a refund, as provided by law. For any request, contact letstalk@kactus-klothing.com.
Article 9 — Liability
KACTUS shall not be held liable for damages resulting from force majeure, an unforeseeable act of a third party, or an error by the customer (notably an incorrect delivery address provided by the customer).
Article 10 — Intellectual property
All elements of the website (technology, trademarks, logos, designs, models) are the exclusive property of KACTUS. Any unauthorised reproduction or use is prohibited and may result in legal action.
Article 11 — Governing law and jurisdiction
These Terms are governed by French law.
For customers residing in the European Union, mandatory consumer protection provisions of their country of residence, where more favourable, remain applicable.
For customers residing outside the European Union, any dispute falls under the exclusive jurisdiction of the French courts, subject to mandatory public policy rules applicable in the customer's country of residence.
In the absence of an amicable resolution, the competent courts shall be those with jurisdiction over KACTUS's registered office (Vienne, France), unless otherwise required by law.
Contact
For any question: letstalk@kactus-klothing.com