Terre Exotique : Terms and Conditions 

1. The present terms and conditions set out the terms of the contract between KEREX SARL, 61 quai de la Loire, 37210 Rochecorbon, France Tel: +33 2 47 41 35 45 registered under Siret number: 419725866 – 0042, VAT no.: FR46419725866, registration number in the Companies Trade Register: 419 725 866 R.C.S. Tours, Share capital: 30,000 euros,

and the consumer, and the conditions governing any purchase made through www.terreexotique.fr (Kerex’s website). A consumer is an individual who uses the Products for his/her personal consumption or the domestic and private use of family and friends.

Placing an order on this website implies full acceptance by the customer of the present terms and conditions.

These present terms and conditions supersede any and all other terms and conditions implicitly agreed to by KEREX.

2. The products presented for sale are those in the catalogue published on the KEREX website.

All products presented are subject to availability. Please be aware that the colours and appearance of the products presented may vary slightly from the way they appear on the screen and we cannot guarantee that your monitor screen will accurately reflect the colour of the product on delivery.

You can place an order:

By telephone: + 33 2 47 52 59 35 (no surcharge)

By post: Kerex, 61 quai de la loire, 37210 Rochecorbon, France

By fax: + 33 2 47 41 33 32

Via the website: www.terreexotique.fr

3. Sale

3.1 All products are subject to availability. Our special offers are valid whilst they are visible on the website, and are subject to availability.

We will inform you as soon as possible by email or by telephone if the product(s) you have ordered is not available (e.g. error in stock). We will give you the following options:

    Refund for the product(s) that is not in stock by Debit/Credit card, cheque or Paypal

    OR a credit note

    OR you may choose other products for the same amount as the product(s) that is not in stock

Your order will only be confirmed once you have made your choice.

3.2 The minimum quantity for any order is one product.

3.3 KEREX retains the rights to the products until the order has been paid in full and reserves the right to suspend delivery in the event of late or non-payment and until such time as the payment has been made in full.

3.4 KEREX reserves the right to refuse an order or to require prior payment in the event of arrears or insolvency.

Order confirmation implies acceptance of the present conditions of sale, recognition of having read and understood said conditions and waiver of its own conditions of purchase and any other conditions.

All information provided by the customer in placing and confirming the order online is proof of the acceptance of the terms prevailing for this purchase. The confirmation shall be deemed a signature and acknowledgment of the transaction.

Kerex will send an email to the customer once the order has been confirmed.

4. Returns

4.1 We offer a no quibble returns policy, regardless of how the order is placed, you have 14 days from receipt of the Product to inform us that you wish to return it and then a further 14 days from such notification to return the product to us. To exercise this right, you simply need to send us a clearly worded statement indicating your intention to return the Product to us, without having to state the reason why.

4.2 For hygienic and safety reasons, we can only accept unused Products, properly protected, in their original packaging, sealed and intact, in perfect condition, for resale, together with any accessories, user notices and documents and the corresponding invoice. These conditions are cumulative and valid for each product you return.

4.3 Subject to the above, KEREX will refund you by bank transfer in full for the returned Products and the delivery charges (based on standard delivery charges), if they have already been paid, within 14 days of receipt of the returned products. You are liable for the costs of returning the product to us.

5. Money back guarantee – Cooling off period

• Cooling off period

In compliance with articles L.221-18 et seq. of the French Consumer Code, all non-professional Customers (hereafter the “Consumer”) benefit from a 14 (fourteen) day cooling off period from the date of delivery of the Product ordered on the website, without having to give any reasons, nor incur any other costs except the return postal costs. When this period ends on a Saturday, Sunday or Bank holiday, it is prolonged until the following working day. To exercise this right, the Consumer simply has to inform KEREX of their withdrawal decision, by telephone on (+33)247855500 or by e-mail  contact@terreexotique.fr or by using the cooling off period form.

The Consumer has 14 (fourteen) days from the date on which they notify KEREX of their decision to return the relevant unused Products properly protected, in their original packaging, in perfect condition for resale. If the Consumer does not comply with this 14 (fourteen) day period the right to return shall not be valid.

• Refunds

Returns shall be addressed to KEREX, 12 rue René Cassin 37380 Notre Dame d’Oé. The Customer shall be liable for the costs of returning the product to us.

- If the entire package is returned, the full amount of the order plus the delivery charges (based on standard delivery charges), will be refunded;

- If only part of the package is returned (the Customer decides to keep one or some of the Products), solely the price of returned products will be refunded.

KEREX will refund the amount of the order using the same payment method as the Consumer at the time of placing the order.

In compliance with article L.221-23 of the French Consumer Code, the Consumer may be liable for the price of the Products in the event that they have been damaged “as a result of handling them other than for the purposes of determining the nature, the characteristics and the correct functioning of such Products”.

• Order cancellation

Orders cannot be cancelled as all orders are transmitted for preparation as soon as the payment is validated, other than in exceptional cases.

6. Payment

6.1 For all information concerning the price of Products, details about the Products or delivery charges, you can contact Terre Exotique at La Galerie, by post, by phone or via our website at the numbers and addresses mentioned in article B2 hereafter.

6.2 All prices displayed in the catalogue are in euro and are inclusive of VAT, taking into account the VAT applicable at the date the order is placed; any change in the rate of VAT may be passed onto the price of products.

KEREX reserves the right to modify its prices at any time, albeit that the price displayed in the catalogue at the date the order is placed will be the price applied to the customer.

6.3 In the event of non-payment of the amount due, a penalty for late payment will be charged representing 10% of the amount due with a minimum of €15 per order. This penalty for late payment will not exceed €40 regardless of the amount due. Payments shall be made by credit/debit card; via a secure payment system using SSL protocol so that all information transmitted is encrypted and no third parties can gain access to the information. The consumer’s account will not be debited until the transaction has been accepted by the bank. You may also pay by cheque, just click on “Pay by cheque” when choosing your method of payment. Cheques must be issued by a bank domiciled in Mainland France and must be made payable to Kerex. Since January 1st 2002, only cheques in euro are accepted.

7. Delivery and delivery charges:

Deliveries are made to the address indicated on the order form and will only be delivered to addresses within the defined geographic zones below.

Delivery charges for Mainland France are those applicable at the time the order is placed as stated on the website at that date.

If your delivery address is outside Mainland France you may have to pay import duties and taxes, which are levied once a shipment reaches your country. You are liable for all such duties and taxes.

Delivery charges depend on the following geographic zones and the amount of the order placed:

• France
• DOM-TOM : Guadeloupe, Mayotte, Martinique, Réunion, French Guiana
• Zone 1 : Belgium, Spain, Germany, Netherlands, Luxembourg, Italy, Austria, UK, Portugal, Monaco
• Zone 2 : Other European countries + Switzerland, Andorra 
• Zone 3 : Other countries

If you cannot find your country listed above, unfortunately that means we don’t yet deliver to your country.
You can estimate delivery charges using our calculator at the checkout. For details, contact us

(All prices are displayed inclusive of VAT).

8.  Shipping and delivery times

8.1 - What are the shipping times?

Terre Exotique strives to ship your order within 48 working hours from Monday to Friday.

8.2 - What are the delivery times?

Deliveries are made by the So Colissimo service of the French Post Office to your home with or without signature and to pick-up points (post office or merchant).

• To Metropolitan France and Monaco: 48 hours or 2 working days.

• For international destinations: 5 to 8 days for more information, please consult this international delivery calculator (https://www.laposte.fr/particulier/outils/calculateur-de-delais)

The French Post Office does its utmost to respect these delivery times.

However, an incident beyond our control may cause a delay, for example in the event of exceptional bad weather or an incident related to the shipment (illegible or incomplete address, etc.)

Delivery times are indicative. https://aide.laposte.fr/contenu/quels-sont-les-delais-de-livraison-colissimo

For pick-up point deliveries you have 10 working days from the arrival of your package at the pick-up point to come and collect it.

After this time, it will be returned to sender.

Please note that the risks of loss and damage to the products are transferred to you upon delivery.

9. Disputes

It is your responsibility to verify the number and condition of the Products received at the time of delivery and in the event of damaged or missing products, to notify the carrier and inform KEREX thereof within 7 days of receipt (please keep hold of the invoice and the delivery note duly signed). KEREX will replace the products or refund you.

10. Warranty

All products provided by the vendor benefit from the legal warranty provided by articles 1641 et seq. of the French Civil Code.

In the event of nonconformity of a product sold, it can be returned to the vendor who will accept it, replace it or refund it.

11. Governing law

These Terms and Conditions shall be governed by and construed in accordance with the laws of France.

The Customer is informed that in the event of a claim made to KEREX’s Customer Service, and where satisfactory solution or settlement has not been found within 60 days, the Customer may file their complaint to the Consumer Ombudsman at the following address:

ANM

62, rue Tiquetonne

75002 Paris

The Ombudsman’s role is to act independently and impartially in an aim to find a settlement between the two parties. The Customer remains free to accept or refuse using the Ombudsman and has every right to refer their complaint to the competent jurisdiction.

The Customer is also informed that they may use the European Online Dispute Resolution platform to resolve their disputes:

https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

The court of Tours has sole jurisdiction to settle any dispute with the exception of disputes involving individuals for whom legal rules of allocation of jurisdiction apply.

12. Data Protection

In accordance with the recommendations of the CNIL (Commission National Informatique et Liberté - French Data Protection Authority) you have the right to access, modify, rectify and delete data that concerns you. The attention of the user is drawn to the fact that Terre Exotique may transfer non personal data to an Authorised external website (Google,), via the use of cookies set on your machine to collect and analyse user browsing data. These Authorised external websites collect and analyse browsing data of users of TerreExotique.fr in compliance with the French law on Information Technology, Data Files and Civil Liberty (Loi Informatique et Libertés) of August 6th 2004.

13. Intellectual Property rights

Kerex SARL owns and retains all exclusive intellectual property rights for all elements of the website(s) TerreExotique.fr or .com or .es and the data on the blog blog.terreexotique.fr or .com or .es. Unless otherwise specified, no one has permission to copy, redistribute, reproduce, republish, use in any form, the information contained on this website, including but not limited to software, images or sounds.

Any and all links are strictly forbidden without the prior written approval of Kerex SARL.