GENERAL TERMS AND CONDITIONS OF SALE
Article 1 – Seller Identification
These General Terms and Conditions of Sale are offered by:
KINKY BOY. Franck Palluy – Sole Trader (EI) / Micro-enterprise
Address: Rue du Chariot d’Or, 69004 Lyon, France | SIRET: 434 101 903 00046
E-mail: contact@kinky-boy.com
Hereinafter referred to as "KINKY BOY" or "the Seller".
Article 2 – Purpose:
These General Terms and Conditions of Sale govern product sales made via the KINKY BOY online store to consumers.
In particular, they define the rights and obligations of the parties regarding orders, payments, deliveries, returns, the right of withdrawal, and warranties.
Customers are advised to read these General Terms and Conditions of Sale before placing an order.
Confirming an order implies acceptance of these General Terms and Conditions of Sale in accordance with the mechanism established on the website.
Article 3 – Products:
KINKY BOY sells, among other items:
Socks, clothing, sportswear, T-shirts and jerseys, shorts, underwear and boxers, accessories, merchandise, and products and accessories related to the brand's universe. The essential characteristics of the products are presented on their respective product pages.
Photographs and visual representations are presented with the utmost care.
However, slight differences in color or appearance may occur depending on screens, lighting, production batches, or the media used, without affecting the essential characteristics of the product.
Article 4 – Availability:
Products are offered subject to stock availability.
In the event that a product becomes unavailable after an order has been confirmed, the customer will be informed as soon as possible.
When an order cannot be fulfilled, the relevant amounts will be refunded in accordance with applicable regulations.
Article 5 – Prices:
The applicable prices are those displayed on the site at the time of the order.
Prices are quoted in euros.
Where the company benefits from the VAT exemption scheme for small businesses:
VAT not applicable – Article 293 B of the General Tax Code.
Delivery costs are not included in the product prices. The delivery cost amount is communicated to the customer prior to final confirmation and payment of the order.
KINKY BOY reserves the right to modify its prices at any time.
However, the price charged remains the one applicable at the time of order confirmation, subject to the correction of any manifest pricing error as permitted by law.
Article 6 – Ordering:
The customer selects the desired products and adds them to their shopping cart. Before finally confirming the order, the customer may review:
The selected products, quantities, sizes and variants, delivery address, delivery method, total price, and any additional costs.
The customer may correct any errors prior to final confirmation.
Final confirmation of the order entails an obligation to pay.
An order confirmation is sent to the customer electronically.
The customer must provide accurate and complete information.
Article 7 – Payment:
Available payment methods are indicated at the time of ordering.
These may include, in particular:
bank card, bank transfer, and other payment methods that may be offered on the site.
When payment is made via a secure third-party provider, KINKY BOY does not have direct access to the customer's full banking details.
In the event of payment refusal or failure, the order may not be confirmed.
For payments by bank transfer, order preparation or shipment may be conditional upon the actual receipt of funds in our account, referencing the order number.
Article 8 – Delivery
Products are delivered to the geographical areas offered at the time of ordering. If your shipping country does not appear, please contact us via our contact form.
Depending on the destination, KINKY BOY may offer, among others:
Mondial Relay, Colissimo / La Poste, pickup point delivery, home delivery, and any other carrier offered at the time of ordering.
Available options, their rates, and information regarding delivery times are displayed before the order is confirmed.
KINKY BOY commits to complying with applicable legal obligations regarding delivery times. The customer must provide a complete and accurate address.
Article 9 – Pickup point delivery
When the customer chooses pickup point delivery, it is their responsibility to collect the parcel within the timeframe set by the carrier.
In the event of non-collection resulting in the parcel being returned to KINKY BOY, the customer may contact customer service to arrange a new shipment, where possible.
When the return is due to non-collection of the parcel or incorrect information provided by the customer, the costs for a new shipment will be charged to the customer in order to reschedule delivery.
Article 10 – Receipt and damaged parcels
The customer is advised to check the condition of the parcel and the products received.
In the event of damage, missing products, errors, or non-conformity, it is recommended to promptly contact:
contact@kinky-boy.com
The customer is encouraged to attach photographs of the parcel and the product where relevant.
These recommendations do not limit the exercise of the consumer's statutory rights.
Article 11 – Right of withdrawal
In accordance with the Consumer Code, the consumer generally has a period of 14 days from receipt of the product to exercise their right of withdrawal, without having to provide a reason for their decision.
Where multiple items from the same order are delivered separately, the time limit is calculated in accordance with applicable legal rules.
To exercise this right, the consumer may send a clear statement to:
contact@kinky-boy.com
or use the standard withdrawal form provided at the end of these Terms and Conditions of Sale.
After notifying KINKY BOY of their decision, the consumer must return the products within the statutory time limit.
Article 12 – Return costs
When simply exercising the right of withdrawal, the direct costs of return are borne by the customer, unless KINKY BOY indicates otherwise for commercial reasons.
Where the return is due to a non-conforming or defective product, or an error attributable to KINKY BOY, the provisions regarding statutory warranties and appropriate handling apply.
Article 13 – Condition of returned products
The consumer may handle the product to the extent necessary to establish its nature, characteristics, and proper functioning.
The consumer may be held liable for any depreciation resulting from handling that goes beyond what is necessary for such verification.
Article 14 – Underwear and products sealed for hygiene reasons
The right of withdrawal may only be excluded in situations expressly provided for by law.
For sealed goods that cannot be returned for health protection or hygiene reasons, the exception to the right of withdrawal may apply if the product has been unsealed by the consumer after delivery and the legal conditions for this exception are met.
The mere fact that a product is a pair of boxer shorts, an item of underwear, or a pair of socks does not, therefore, automatically eliminate the right of withdrawal. Article 15 – Personalized products
In accordance with the exceptions provided for by regulations, the right of withdrawal may not apply to products made to the consumer's specifications or clearly personalized.
This exception applies only when the legal conditions are met.
Article 16 – Refund
In the event of a valid withdrawal, KINKY BOY shall refund the amounts due in accordance with the conditions and timeframes prescribed by law.
The refund includes the initial delivery costs up to the cost of the standard delivery method offered, where required by law.
Additional costs resulting from the customer’s choice of a delivery method more expensive than the standard method offered are not necessarily refunded.
KINKY BOY may withhold the refund until the product has been recovered or until proof of shipment has been received, where permitted by regulations.
The refund is generally made using the same payment method used for the order, unless otherwise agreed.
Article 17 – Statutory Warranties
The products sold are covered by applicable statutory warranties, including:
– the statutory warranty of conformity; – the statutory warranty against hidden defects.
These warranties apply independently of any commercial warranty.
For any inquiries: contact@kinky-boy.com
Nothing in these General Terms and Conditions of Sale shall eliminate or limit the consumer's mandatory statutory rights.
Article 18 – Personal Data
Personal data collected during orders is processed in accordance with applicable data protection regulations.
Detailed information is provided in the site's Privacy Policy.
Article 19 – Consumer Mediation
In the event of a dispute, the consumer is invited to first contact:
KINKY BOY –
E-mail: contact@kinky-boy.com
in order to seek an amicable solution.