TERMS OF SALE - CUSTOM PRODUCTS
TERMS OF SALE - CUSTOM PRODUCTS
Custom products order
When a customer confirms their quote request, Kiwami receives the custom product project. Upon receipt of the request, Kiwami checks the conformity of the design, colors, texts, and other general information that constitutes the project.
Kiwami reserves the right to accept customer designs and graphics, offer a service for the application of designs and graphics for an additional cost, or to refuse a customer's personalization order. A verification of the items provided (e.g. right of use for certain logos, texts, images, etc.) may be required before acceptance of a customer order. The written acceptance or rejection of a customer's personalization order will be sent by Kiwami via email.
If the project is accepted, the customer must finalize their purchase via a payment link (CB or PayPal) within 72 hours or 3 working days.
Once payment has been received, Kiwami sends a proof to the customer with a final mock-up allowing compliance to be verified. Digital proof is deemed contractual. Kiwami simulates printing digitally, based on elements received from the customer (colors, dimensions, etc.). Due to different types of screen resolution and the graphic quality of the files provided, the colors may differ between the visual rendering on a screen and the final product delivered. Kiwami can in no way be held responsible for this difference.
Kiwami asks the customer to check colors, texts, and other information that generally constitutes the project mock-up(s).
Customers may request minor changes to mock-ups (e.g. change of colors, text size, spelling errors, etc.). It is specified that beyond two requests for changes, additional costs will be charged. Any request to modify the mock-up will cause the production and delivery dates to be postponed because it is only after the validation of the final mock-up that the production process begins.
Upon receipt of the validation of the mock-up by the customer, the ordering process is initiated. No modification can be made and neither return nor exchange will be accepted (In accordance with article L.121-20-2 3 ° of the French Consumer Code).
In the event that, as a user, a customer personalizes a product from our "Kiwami Custom" platform with an uploaded image which is not included in the Kiwami image catalog, the customer must guarantee that they have all the intellectual and industrial property rights of use, as well as any image or privacy rights concerning natural or legal persons that may exist, necessary for the exploitation of the image in the form or the way the customer wants. Customers grant Kiwmi a license to reproduce, communicate, distribute and transform uploaded images to the personalized product(s) ordered. Once a product is manufactured and sent to the delivery address, the license will be terminated. Customers release Kiwami from any liability for any claim by third parties arising from the illegal or criminal use of images subject to intellectual or industrial property, or rights to the image or to the privacy of individuals in products personalized through Kiwami websites.
Customers are personally responsible for their use of the Content by incorporating other images, logos, graphics, texts or the like into their product(s). Customers agree not to include in their product(s) any text, images, designs, trademarks or service marks, or any work whose intellectual property rights belong to any third party without first obtaining the appropriate authorizations from the owners. Customers warrant that their product(s) will not infringe any right of a third party, including intellectual property rights, trademark, personality rights and the right to respect private life, that they will not slander or defame any third party, and that the customer has all the required rights or permissions necessary to incorporate third party content into their products. By placing an order on a Kiwami website, customers warrant that they have all the rights, permission and authority necessary to place the order and to authorize Kiwami to manufacture product(s) on their behalf. Customers authorize Kiwami to copy, modify, create models and derivative articles and vectorize any content uploaded by a customer, for the purpose of fulfilling their order. Customers warrant that they have sufficient rights to authorize Kiwami to copy, modify, create models and derivative articles and vectorize any downloaded content, for the purpose of fulfilling their order.
Kiwami's rights to use the designs, models produced.
By using "Kiwami Custom", Customers understand and accept that all the models produced and elements transmitted to Kiwami, are provided in a non-confidential manner. Customers grant Kiwami the non-exclusive, perpetual, worldwide, and copyright-free license and sub-license to use all designs, color associations, artistic creations, ideas or other creative work without notification, compensation or prior notice, and for any use that suits it, including but not limited to: development, marketing, commercialization, manufacture, modification, improvement, creation of derivative products, as well as the distribution of products and services.
Right of withdrawal
In accordance with article L.121-20-2 3 ° of the French Consumer Code, the right of withdrawal cannot be exercised for goods made to the consumer's specifications or clearly personalized. Consequently, consumer right of withdrawal under the terms of Article L. 121-20 of the French Consumer Code can only be exercised for non-personalized products sold by Kiwami on their websites.