These terms and conditions of sale are agreed between the company KAPLA France SARL (a limited liability company) and any natural person or legal entity who wishes to proceed with a purchase through the website www.kapla.com, hereinafter known as the ‘Purchaser’.

The online shop on the website www.kapla.com was set up by KAPLA France SARL, who is owner of this website, and whose head office is situated at 98 avenue de la Garonne, 33440 St Louis de Montferrand, France.

KAPLA France SARL is registered in the Commercial and Industrial Register of Bordeaux under number 397 736 638, and with European VAT number FR25 397 736 938.

KAPLA and the KAPLA logo are trademarks belonging to Tom VAN DER BRUGGEN.

KAPLA France SARL is represented by its manager, Jan-Daniël VAN DER BRUGGEN.

Please write to kaplafr@kapla.com with any questions. Our team can reply to you in French, English, German, Spanish or Dutch.
You can also contact us by phone (+33 (0)5 56 77 45 34) during our office opening hours (Mondays to Fridays, 9:30 a.m. to 12:30 p.m. and 2 p.m. to 5 p.m.).


Art. 1 - Scope of application of the terms and conditions


The website facilitates the online purchase of wooden construction toys belonging to the KAPLA brand. Any order made for a product that features within the online shop on the website www.kapla.com will imply that the Purchaser has already read these terms and conditions.

As a result, the Purchaser acknowledges that they are fully informed of the fact that a handwritten signature to this document is not required for their agreement to the contents of these terms and conditions, inasmuch as the customer wishes to make an online order for products featured within the website’s shop.

The Purchaser has the opportunity to save or publish these terms and conditions, it being hereby stipulated that they will be solely liable for saving or publishing this document. These terms and conditions express all of the parties’ obligations in their entirety.

In this sense, the Purchaser is considered to have unreservedly accepted all of the provisions provided for in these terms and conditions. No specific or general provision that appears in any documents sent or delivered by the Purchaser may become part of these terms insofar as these document will be incompatible with these terms and conditions.

KAPLA France SARL reserves the possibility to adapt or modify these terms and conditions at any time. In the event of this, the new sales conditions will be applicable only to the sales processed after the change.

 

Art. 2 - Products


The products offered comply with the European regulations in force.

The products are described and presented as accurately as possible. However, if errors or omissions occur in the descriptions, this will not incur the liability of the vendor. Photographs of the products are not contractually binding.

The offers provided by KAPLA France SARL in the shop at www.kapla.com are only valid within the limits of the stock available.

KAPLA France SARL reserves the right to modify the selection of products at any time.


Art. 3 - Prices


The prices of our products are shown in euros, including all taxes and excluding delivery costs. All orders, no matter which country the order comes from, are charged in euros.

Prices can be modified at any time, but products will be invoiced based on the prices in force at the time of recording the order subject to their availability on that date.

KAPLA France SARL will retain full ownership of the products until it receives full payment for such products.

For countries outside of the European Union, VAT is included.

 

Art. 4 - Payment


We will do everything possible to ensure the security of personal and banking data while the transaction is processed in the www.kapla.com online shop.

Payments made by bank card are managed by the secure payment system, Sogenactif. Our customers’ payment data are stored and secured on the Sogenactif servers, and no information will go directly through our website.

Payments may also be made via PayPal. In this case, the online payments required will be made via the secured PayPal platform by using secure exchange protocol (SSL) to encrypt your data. You may monitor the transaction’s progress via your PayPal account.

 

Art. 5 - Orders


Processing orders

We work with trusted transport companies and will do everything possible to guarantee you the best delivery conditions.

From Mondays to Fridays, any order received before eleven a.m. (11 a.m.) will be processed by our logistics department in the afternoon at the latest.

When the order is recorded, the Purchaser will receive an acknowledgement of receipt confirming that the order has been accepted, which will represent a mutual agreement of proof of the contract and the products in question, and of the amount and the details communicated by the Purchaser.

Products are offered within the limits of the stock available.

Right to cancel

The Purchaser is entitled to change their mind and we agree to reimburse, unconditionally, any product that does not meet their expectations. Packaging must be kept in perfect condition and not be opened.

In accordance with Article L. 121-20 of the French Consumer Code, the Purchaser has a period of fourteen (14) days following delivery in which to return, at their expense, the product(s) concerned in their original condition.

KAPLA France SARL agrees to re-credit the Purchaser’s bank card within 30 days.

Unavailability

KAPLA France SARL cannot be held liable for failure to fulfil the contract in the event of stock shortage or product unavailability.

In the event that one of the products is unavailable, the Purchaser will be informed of this either when their order is being prepared, or within 8 working days after the order, via email.

In this case, the Purchaser can write to kaplafr@kapla.com within two working days following receipt of this message to request that their order be cancelled or exchanged.

Validity of the transaction

On the other hand, we reserve the right to cancel all requests in the event of existing disputes with the Purchaser, or disputes relating to the payment or acceptance of a previous order.



Art. 6 - Delivery


Shipment

We guarantee that your package will be shipped within 48 hours (except weekends and public holidays).

Products will be delivered to the address indicated by the Purchaser on the purchase order form and only to addresses in Europe.

Shipping costs will be calculated based on the customer’s country.

By express agreement, KAPLA France SARL is free from all liabilities in the event that a delivery is not respected due to a total or partial strike of the postal services or transport companies, and in the event that the products are lost by the postal services or transport companies.

Complaints

- Damaged product

The Buyer is required to check the condition of the packaging and the conformity of his order upon delivery. Any anomaly must be mentioned on the transporter's receipt. In the event that the package is too damaged, the Buyer must refuse it. 

If the Buyer does not state reservations when his order is delivered, KAPLA France SARL is automatically released from all liability and the Buyer will not be able to benefit from his right to make a complaint. If, for any reason, the Buyer receives his product damaged or defective, he is asked to send photos of the product by email to kaplafr@kapla.com within seven (7) working days. Additional information may be requested in order to better identify the problem. In the event that the complaint is admissible and satisfies the conditions for support by the After-Sales Service of KAPLA France SARL, a transporter will be dispatched to recover the damaged product free of charge. It is the Buyer’s responsibility to repackage the product in its original packaging accompanied by the invoice or purchase order. KAPLA France SARL will immediately replace or reimburse the product.

Any complaint after this period will be refused and KAPLA France SARL will be automatically released from all liability and the Buyer will not be able to benefit from his right to issue a complaint. 

- Delivery not in accordance with the order

If the Buyer receives a package that does not correspond to his order, he is asked to contact KAPLA France SARL by email (kaplafr@kapla.com) within seven (7) working days, providing the details and photos of the order received. 

If the anomaly is observed by the After-Sales Service department, a transporter will be dispatched to return, free-of-charge, the products that do not comply with the Buyer's order. The packaging must be kept as-is, unopened, and be accompanied by the invoice or the purchase order. KAPLA France SARL will immediately return the correct products or refund them.

Any complaint after this period will be refused and KAPLA France SARL will be automatically released from all liability and the Buyer will not be able to benefit from his right to issue a complaint. 

After-sales service

Our team can reply to your questions in French, English, German or Spanish. Please send your questions via your customer page in the KAPLA online shop (www.kapla.com).

You can also contact us via email (kaplafr@kapla.com). Please mention your email, full name and order reference.

We will aim to reply to you within 48 hours (except weekends and public holidays). We will do everything possible to access your order and resolve your query as soon as possible.

If your query is urgent, you can also contact us via phone (+33 (0)5 56 77 45 34) during our office opening hours (Mondays to Fridays, 9:30 a.m. to 12:30 p.m. and 2 p.m. to 5 p.m.). We will be able to reply to you in French or English.

 

Art. 7 - Personal data protection policy


KAPLA France SARL processes collected data in accordance with French legislation and the European Union regulations in force regarding personal data protection, including the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (’GDPR’), which entered in force on 25 May 2018.

For any questions about how your data is stored, processed and protected, we ask that you read our Confidentiality Policy. (LINK)

 

Art. 8 - Liability


The products offered comply with the European regulations in force. However, it falls to the Purchaser to locally ensure that the product they order and for which delivery is required is not subject to particular regulations, such as regulations regarding import or use.

The visual images and texts are not contractually binding. As a result, KAPLA France SARL cannot be held liable in the event of an error in one of their visual images or one of these texts.

KAPLA France SARL cannot be held liable for failure to fulfil the contract in the event of force majeure, disruption or total or partial strike by postal and/or communications services, the closing of borders, customs blockages, or a natural or health catastrophe (pandemic, flood, fire, earthquake, asteroid impact, etc.)

KAPLA France SARL refuses to accept any liability for all damages resulting from the fraudulent intrusion of a third party causing modification to the information made available on the website or causing the modification, theft or unauthorised use of information appearing in the order or in payment for the order.


Art. 9 - Intellectual property


The intellectual property rights and copyrights on the documents which form part of this website and all of the information created for this website are the exclusive property of KAPLA France SARL, which concedes no other right than the right to read the website for personal and private use.

Total or partial reproduction of this website is formally prohibited.


Art. 10 - Applicable jurisdiction


This agreement is subject to French legislation. In the event that a dispute relating to the formation, fulfilment or termination of the contractual obligations between the parties cannot be amicably settled, only the Tribunal de Commerce de Bordeaux (Bordeaux Commercial Court, France) will be authorised to intervene.

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