Between the Company KITTYCIA,
5 impasse des balcons du front de mer, 66140 Canet en Roussillon, France,
with share capital of €151,000,
registered with the Trade and Companies Register (RCS) of Perpignan
under SIRET number 83164602100038,
registered under No. 84740341174 with the Regional Directorate for Enterprise, Competition, Consumer Affairs, Labour and Employment (DIRECCTE),
represented by Ms. Alicia Beaufils,
in her capacity as Managing Director,
duly authorized for the purposes of this agreement.
The Company may be contacted by email via the contact form accessible from the homepage of the website.
Hereinafter referred to as the "Seller" or the "Company."
On the one hand,
And the individual or legal entity purchasing products or services from the Company, hereinafter referred to as the "Buyer" or the "Customer,"
On the other hand,
The following has been stated and agreed:
PREAMBLE
The Seller publishes training Products and Services intended for consumers, marketed through its website (http://www.kittycia.net). The list and description of the goods and services offered by the Company may be consulted on the aforementioned website.
Article 1: Purpose
These General Terms and Conditions of Sale set out the rights and obligations of the parties in connection with the online sale of Products or Services offered by the Seller.
Article 2: General Provisions
These General Terms and Conditions of Sale ("GTC") govern the sale of Products or Services carried out through the Company's website and form an integral part of the Agreement between the Buyer and the Seller. They are fully binding on the Buyer, who has accepted them prior to placing an order.
The Seller reserves the right to modify these GTC at any time by publishing a new version on its website. The applicable GTC shall be those in effect on the date of payment (or of the first payment, in the case of multiple payments) of the order. These GTC may be consulted on the Company's website at the following address: https://www.kittycia.net/terms-and-conditions-of-sale/
The Customer confirms that they are at least 18 years of age. Minors are not permitted to place an order without the consent and supervision of a parent or legal guardian.
The Company also ensures that acceptance of these GTC is clear and unreserved by implementing a checkbox and a validation click. The Customer declares that they have read all of these General Terms and Conditions of Sale, and, where applicable, any Special Conditions of Sale relating to a specific product or service, and accepts them without restriction or reservation.
The Customer acknowledges having received the necessary advice and information to ensure that the offer is suited to their needs.
The Customer declares that they are legally capable of entering into a contract under French law, or that they are duly authorized to represent the individual or legal entity on whose behalf they are acting.
The Customer agrees never to share, give away, or resell their training course by disclosing their access credentials. Should any such conduct be identified — whether a mere intention to commit this offense or the offense having already been committed — the member's access will be automatically suspended and the training will not be refunded.
Unless proven otherwise, the information recorded by the Company shall constitute proof of all transactions.
Article 3: Price
The prices of products sold through the website are stated in US dollars, exclusive of tax, and precisely specified on the product description pages. Training course prices are displayed exclusive of tax, as training courses are not subject to VAT. They are also stated in US dollars, inclusive of all taxes (VAT plus any other applicable taxes), on the order page, exclusive of any specific shipping costs. For all products shipped outside the European Union and/or French overseas territories (DOM-TOM), the price is automatically calculated exclusive of tax on the invoice. Customs duties or other local taxes, import duties, or state taxes may be payable in certain cases. Such duties and charges are not the responsibility of the Seller. They shall be borne by the Buyer and fall under their sole responsibility (declarations, payment to the relevant authorities, etc.). In this regard, the Seller invites the Buyer to obtain information on these matters from the relevant local authorities. The Company reserves the right to modify its prices at any time for the future. Telecommunication costs required to access the Company's website are the responsibility of the Customer. Where applicable, delivery costs are also the responsibility of the Customer.
Article 4: Conclusion of the Online Contract
In accordance with the provisions of Article 1127-1 of the French Civil Code, the Customer must follow a series of steps to conclude the contract electronically in order to complete their order: information on the essential characteristics of the Product; selection of the Product and, where applicable, its options; entry of the Customer's essential contact details (identification, email, address, etc.); acceptance of these General Terms and Conditions of Sale; verification of the order details (the "double-click" procedure) and, where applicable, correction of any errors. Before confirming the order, the Buyer has the opportunity to review the order details and price, correct any errors, or cancel the order. Confirmation of the order shall constitute formation of this contract. The Customer will then follow the payment instructions, pay for the products, and the order will be delivered. The Customer will receive email confirmation of payment for the order, as well as an acknowledgment of receipt confirming the order.
During the ordering process, the Customer will have the opportunity to identify and correct any errors made when entering data. The language offered for the conclusion of the contract is English.
The terms of the offer and the General Terms and Conditions of Sale are sent to the Buyer by email upon ordering and archived on the Seller's website. Where applicable, the professional and commercial rules to which the offeror agrees to be bound can be consulted in the "Ancillary Rules" section of these GTC, available on the Seller's website at the following address: https://www.kittycia.net/legal-notice/
Communications, orders, order details, and invoices are archived on a reliable and durable medium so as to constitute a faithful and durable copy, in accordance with the provisions of Article 1360 of the French Civil Code. This information may be produced as evidence of the contract.
For online training courses, access is delivered to the email address provided by the Customer. To ensure the proper fulfillment of the order, the Customer agrees to provide truthful identification information. The Seller reserves the right to refuse an order, for example in the case of any abnormal request, any request made in bad faith, or for any other legitimate reason.
Article 5: Services
The essential characteristics of the training courses and their respective prices are made available to the buyer on the Company's website, as well as, where applicable, instructions for use. In accordance with Article L112-1 of the French Consumer Code, the consumer is informed, by means of labeling, display, or any other appropriate method, of the prices and specific conditions of sale and performance of the services before concluding the sales contract. In all cases, the total amount owed by the Buyer is indicated on the order confirmation page. The sale price of the course is the price in effect on the date of the order, with no additional fees. The Seller reserves the right to modify its prices at any time, while guaranteeing that the price indicated at the time of the order will be honored.
Where the training course is not accessible immediately, clear information is provided on the product presentation page regarding the date access will be granted. The Customer confirms having received a detailed breakdown of payment terms and the terms of performance of the contract, as well as detailed information regarding the identity of the Seller, its postal, telephone, and electronic contact details, and its activities in the context of this sale. The Seller undertakes to fulfill the Customer's order. Should the Seller be unable to do so, the Seller shall inform the Customer; if the order has already been placed and no agreement is reached with the Customer on a new access date, the Seller shall refund the Customer.
Contractual information is presented in detail and in English. The parties agree that illustrations or photos of the training courses offered for sale have no contractual value. The period of validity of the course offers and their prices is specified on the Company's website, as well as the minimum duration of contracts offered where these involve continuous or periodic provision of services. Except under special conditions, the rights granted under these terms are granted solely to the individual who signed the order (or the person who is the holder of the email address provided).
It is specified that the training courses offered by the company KITTYCIA are digital courses with extended access, allowing the Customer to use the content and corrections for the duration of access provided for each training course.
This period of access does not imply any obligation for the Customer to follow the training course continuously, nor any obligation for the Seller to guarantee the Customer's ability to practice a profession or apply the techniques taught.
Article 6: Compliance
In accordance with Article L.411-1 of the French Consumer Code, the services offered for sale under these GTC comply with the applicable requirements relating to the health and safety of individuals, fair commercial practices, and consumer protection. Regardless of any commercial warranty, the Seller remains liable for defects in conformity and hidden defects in the service.
In accordance with Article L.217-4, the Seller provides access to a training course that conforms to the contract and is liable for any defects in conformity existing at the time access is granted, including technical defects preventing proper access to or use of the course content.
In accordance with the legal provisions on conformity and hidden defects (Article 1641 of the French Civil Code), the Seller shall refund any defective training course or one that does not correspond to the order. A refund may be requested as follows: https://www.kittycia.net/contact/ (in the comment field, indicate a refund request and specify the reason).
Any network issues, hardware issues, or other technical issues affecting the ability to properly view the videos are the Customer's responsibility.
Article 7: Retention of Title
The training course remains the property of the Company at all times, regardless of the completion of payment.
Article 8: Access Delivery
Access is delivered to the email address provided at the time of the order, within the timeframe indicated. In the event of a delay in delivery, the Customer has the right to terminate the contract under the conditions and terms set out in Article L.138-2 of the French Consumer Code. The Seller shall then refund the training course under the conditions of Article L.138-3 of the French Consumer Code.
Article 9: Availability and Presentation
In the event of a temporary disruption to platform access affecting the Customer's ability to access a training course for a period exceeding 7 business days, the Customer will be immediately notified of the anticipated timeframe for restoration of access. If access cannot be restored within a reasonable timeframe, the Customer may request a credit for the amount of the course, or a full refund and cancellation of the order.
Article 10: Payment
Payment is due immediately upon ordering, including for pre-orders. The Customer may pay by credit/debit card or PayPal. All cards used must be valid international bank cards (Mastercard or Visa).
Secure online payment by card is processed by our payment provider. Information transmitted is encrypted according to industry standards and cannot be read while in transit on the Stripe network. Once payment is initiated by the Customer, the transaction is immediately debited following verification of the information. In accordance with the applicable financial regulations, the commitment to pay by card is irrevocable. By providing their banking information at the time of sale, the Customer authorizes the Seller to debit their card for the amount corresponding to the price indicated. The Customer confirms that they are the legal holder of the card to be debited and that they are legally entitled to use it. In the event of an error, or if the card cannot be debited, the Sale is immediately and automatically terminated and the order cancelled.
If you experience a problem with your payment, you can contact support via the contact section of the website www.kittycia.net.
Article 11: Right of Withdrawal – Access Duration – Refunds and Exceptions
No right of withdrawal for online training courses: In accordance with Article L.221-5 of the French Consumer Code, the right of withdrawal cannot be exercised for digital content supplied immediately after purchase. Online training courses offered by the company KITTYCIA are deemed to have commenced as soon as payment is executed, whether in part or in full, regardless of the number of courses purchased, the pace of consultation, or the Customer's level of progress. Consequently, no right of withdrawal or automatic refund may be exercised for an online training course that has commenced. Any refund request based on a mistaken choice, lack of time, personal difficulty, or a change in the Customer's circumstances cannot be accepted.
Duration of access to training courses and pedagogical support: The training courses offered by the company KITTYCIA consist of a right of access to an online training platform, comprising digital educational content (videos, materials) as well as, depending on the course purchased, corrections and pedagogical support.
The Customer is granted access to the platform for a period of one (1) year from the date of purchase, including the correction(s) provided in the offer as well as the downloadable certificate.
The duration of access granted constitutes a convenience of use and a commercial benefit, allowing the Customer to progress at their own pace, review the content, and use the corrections during the period provided. It is expressly stated that the duration of access to the platform does not constitute a contractual period of continuous performance of the training course, and does not have the effect of extending the withdrawal period, opening a right to a refund throughout the duration of access, or modifying the refund conditions set out in this Article. The fact that the Customer does not log in, suspends their progress, or spreads the use of the training course over several months or years is a matter of the Customer's own personal organization and cannot constitute grounds for a refund.
Personal inability to practice: The Customer's inability, for personal reasons, to practice all or part of the training course (including illness, accident, allergy, pregnancy, professional constraints, relocation, change of plans, or any other personal situation) does not constitute a defect in the course, as the company KITTYCIA is only obligated to provide access to the educational content. Such situations do not give rise to any right to a refund, whether total or partial.
The practical exercises in the training course require practice on oneself and on a live model. These conditions being clearly indicated prior to enrollment, the inability to find a model does not constitute grounds for withdrawal.
Medical exception (strictly limited circumstances): As an exceptional exception to the non-refund rules applicable to digital content, the company KITTYCIA may consider a refund request only in the event of a serious medical impediment occurring within three (3) months of the date of enrollment, which objectively renders it impossible to practice the training course. Such a request must be accompanied by a personalized, dated, and explicit medical certificate attesting to a genuine and direct incapacity to perform the techniques taught (non-exhaustive examples: a confirmed allergy to professional products, a serious accident affecting the upper limbs). The assessment of such a situation is at the sole discretion of the company KITTYCIA, based on the evidence provided. Beyond the three (3) month period following enrollment, no refund may be granted, even in the event of a subsequent personal impediment, whether medical or otherwise, as the training course has been provided and made accessible from the moment of purchase.
Mistaken choice and commercial gestures: In the event of a mistaken choice of training course identified after purchase, no refund is guaranteed. However, on a strictly commercial basis and without acknowledgment of any legal or contractual obligation, the company KITTYCIA reserves the right, on a case-by-case basis, to offer a partial refund or credit, following a review of the situation. In the event that a partial refund is exceptionally granted, processing fees and fees charged by payment providers will be deducted from the refunded amount, at a rate of 12%. This option does not constitute an automatic right, nor a systematic commitment on the part of the Seller.
Certificates: Certificates are available for download by the trainee.
Additional access, extensions, and subscriptions: Additional access, time extensions, and subscriptions, where offered, are digital products associated with the training courses and fall under the provisions of Article L.221-5 of the French Consumer Code. Once payment has been confirmed, no refund may be demanded, regardless of the reason given, provided the Customer was informed of the applicable conditions at the time of ordering.
For the purposes of this Article: "consumer" means any individual acting for purposes outside their commercial, industrial, craft, professional, or agricultural activity; "non-professional" means any legal entity not acting for professional purposes; "professional" means any individual or legal entity, public or private, acting for purposes falling within their commercial, industrial, craft, professional, or agricultural activity, including when acting in the name of or on behalf of another professional.
Article 12: Protection of Training Certificates and Prohibited Uses
Certificates issued upon completion of the training courses offered on the website www.kittycia.net are documents protected by the brand image of the companies Kittycia and Queendom Of Beauty. They are intended exclusively for trainees who have actually completed and paid for the corresponding training course, via their personal member account.
Each certificate is freely available for download from the trainee's member account, but the beneficiary's name must be entered manually. Accordingly, only individuals who have completed their enrollment and full payment for a given training course are authorized to enter their name on the certificate.
The training center reserves the right to verify, at any time, the correspondence between the certificates generated and the list of actual enrolled trainees, via its internal management system. Any fraudulent use (identity theft, use of a false name, use by an untrained third party) may be subject to formal notice, or even to a criminal complaint and legal action for forgery, use of a falsified document, and harm to brand image.
Furthermore, the use of certificates for commercial purposes by third-party businesses, whether registered or not, is strictly prohibited. No certificate may be used:
- to train other individuals, whether free of charge or for payment;
- to be incorporated into any training offer external to Kittycia;
- or for any other exploitation intended to generate traffic or commercial deception.
In the event of confirmed unlawful or fraudulent use:
- the companies Kittycia and Queendom Of Beauty reserve the right to demand the immediate removal of the infringing content;
- to claim damages in compensation for the harm suffered;
- and to report the matter to the relevant authorities (fraud, identity theft, misleading commercial practices).
Access to the certificate does not, under any circumstances, constitute a right of exploitation. It is strictly personal and non-transferable.
Article 13: Complaints and Mediation
Where applicable, the Buyer may submit any complaint by contacting the Company at the following email address: contact@kittycia.com.
In accordance with the provisions of Articles L.611-1 to L.616-3 of the French Consumer Code, the consumer is informed that they may have recourse to a consumer mediator under the conditions provided for in Book VI, Title I of the French Consumer Code. The Company may also be contacted by post at: 5 impasse des balcons du front de mer, 66140 Canet en Roussillon, France.
If a complaint submitted to the Seller's customer service is unsuccessful, or if no response is received within two months, the consumer may submit the dispute to the courts of Perpignan, France, which will independently attempt to bring the parties together with a view to reaching an amicable resolution.
Article 14: Termination of Contract
The Buyer may terminate the contract by written notice to the Company in the following cases: — access delivered that does not conform to the characteristics of the course as described at the time of order; — failure to deliver access within the timeframe specified at the time of order or, in the absence of a specified timeframe, within thirty days following payment; — an unjustified price increase or modification of the course occurring after the order was placed but before access was delivered. In these cases, the Buyer may demand a full refund of the amount paid.
Article 15: Intellectual Property Rights
Trademarks, domain names, products, software, images, videos, texts, or more generally any information subject to intellectual property rights are and shall remain the exclusive property of the Seller. No transfer of intellectual property rights is made through these GTC. Any full or partial reproduction, modification, or use of these assets for any purpose whatsoever is strictly prohibited.
Article 16: Act of God
The performance of the Seller's obligations under these terms shall be suspended in the event of a fortuitous event or an act of God that prevents delivery of or access to the training courses (including, but not limited to, natural disasters, widespread internet or infrastructure outages, or events beyond the Seller's reasonable control). The Seller will notify the Customer of the occurrence of such an event as soon as possible and will propose an amicable solution. If access to a training course cannot be provided or restored due to an act of God, the Seller will extend the Customer's access period by a duration equivalent to the disruption once the event has ended. No refund shall be due from the Seller solely on the basis of such an event.
Article 17: Nullity and Modification of Contract
If any provision of this contract is declared null and void, such nullity shall not entail the nullity of the other provisions, which shall remain in effect between the parties. Any contractual modification shall only be valid following a written agreement signed by both parties.
Article 18: Protection of Personal Data
In accordance with Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR), the Seller implements a personal data processing system for the purpose of selling and delivering the products and services defined in this contract. The Buyer is informed of the following:
- the identity and contact details of the data controller and, where applicable, the representative of the data controller: the Seller, as indicated at the top of these GTC;
- the legal basis for processing: performance of the contract;
- the recipients or categories of recipients of personal data, if any: the data controller, its marketing department, its IT security department, its sales, delivery, and order fulfillment department, subcontractors involved in delivery and sales operations, as well as any authority legally authorized to access the personal data in question; no transfer outside the EU is planned;
- the data retention period: the duration of the applicable commercial limitation period;
- the data subject has the right to request from the data controller access to, rectification, or erasure of personal data, or a restriction of processing concerning the data subject, or to object to processing, and the right to data portability;
- the data subject has the right to lodge a complaint with a supervisory authority;
- the information requested at the time of order is necessary for issuing the invoice (a legal obligation) and for delivering the products ordered; without this information, the order cannot be placed. No automated decision-making or profiling is carried out through the ordering process.
Article 19: Entire Agreement
These General Terms and Conditions of Sale, together with the order confirmation, constitute the entire agreement between the Buyer and the Seller with respect to the subject matter hereof, and supersede all prior agreements, understandings, or representations, whether written or oral, relating to that subject matter.
Article 20: Governing Law and Provisions
All clauses contained in these General Terms and Conditions of Sale, as well as all purchase and sale transactions covered by them, shall be governed by French law.
The nullity of any contractual clause shall not entail the nullity of these General Terms and Conditions of Sale as a whole.
Article 21: Consumer Information
For the information of consumers, the relevant provisions of the French Civil Code and the French Consumer Code are reproduced below:
Article 1641 of the French Civil Code: The seller is bound by a warranty on account of hidden defects in the item sold which render it unfit for its intended use, or which so diminish that use that the buyer would not have acquired it, or would have paid a lower price for it, had they known of them.
Article 1648 of the French Civil Code: An action arising from redhibitory defects must be brought by the buyer within two years from the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, on pain of forfeiture, within one year following the date on which the seller may be discharged from apparent defects or non-conformities.
Article L.217-4 of the French Consumer Code: The seller delivers a good that conforms to the contract and is liable for any defects in conformity existing at the time of delivery. The seller is also liable for defects in conformity resulting from packaging, assembly instructions, or installation, where installation has been made the seller's responsibility under the contract or has been carried out under the seller's responsibility.
Article L.217-5 of the French Consumer Code: A good conforms to the contract:
1° If it is fit for the purpose ordinarily expected of a similar good and, where applicable:
- if it matches the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model;
- if it possesses the qualities that a buyer may legitimately expect having regard to the public statements made by the seller, the producer, or their representative, notably in advertising or labeling;
2° Or if it possesses the characteristics defined by mutual agreement between the parties, or is fit for any special purpose sought by the buyer, made known to the seller and accepted by the seller.
Article L.217-12 of the French Consumer Code: An action arising from a lack of conformity is subject to a limitation period of two years from delivery of the good.