General terms and conditions of sale

PREAMBLE

These general conditions of sale (hereinafter the “General Conditions” or “General Sales Conditions” or “GSC”) apply to any purchase made by a physical person with consumer status (hereinafter the “Customer”), on the website:

The website https://K24official.com https://K24official.com (hereinafter the “Site”) from the company K24, with a capital of one thousand euros, whose registered office is located at 12, rue des Fossés in RENNES (35 000), and registered with the Registre du Commerce et des Sociétés de RENNES under number 983 591 769 R.C.S. Rennes, represented by Mr. Adrien Lucien MARCHAND, duly authorized for the purpose hereof (hereinafter “Société K24”), email address: office@k24official.com ; ntelephone number 01 88 53 01 22 (hereinafter “the Seller”).

Unique identifier: ____________

These General Terms and Conditions of Sale govern the sale and delivery of Products ordered by Customers from the Vendor via the Site.

They are accessible and printable at any time via a hypertext link available on the Site’s home page.

They are sent by e-mail to the Customer as soon as he creates an account on the Website.

IMPORTANT

Any Order placed on the Site implies the Customer’s unreserved acceptance of these General Terms and Conditions of Sale.

Article 1. Definitions

The terms used hereinafter have the following meanings in these General Terms and Conditions of Sale:

«Customer » refers to the Vendor’s co-contractor, who guarantees to be a consumer as defined by French law and jurisprudence. In this respect, it is expressly stipulated that the Customer is a physical person acting for purposes which do not fall within the scope of their commercial, industrial, craft, liberal or agricultural activity.

« Order» : refers to the purchase of Products by a Customer on the Site.

« Account » : refers to the space dedicated to the Customer and associated with all the data supplied by the Customer, hosted on the Site. Access to the Account is via the Customer’s Identifiers.

« Identifiers » : refers to the e-mail address or identifier chosen during registration and the password chosen by the Customer, required to access his/her Account on the Site.

« Delivery » : refers to the first presentation of the Products ordered by the Customer at the delivery address indicated in the Order.

« Products » : refers to all Products marketed by the Vendor on the Site.

« Site » : refers to the Vendor’s Internet Site accessible at the following address: https://K24official.com

« Territory » : refers to Metropolitan France.

Article 2. Subject

These General Terms and Conditions of Sale govern the sale of Products by the Vendor via the Site.

The Customer is clearly informed and acknowledges that the Site is intended for both consumers and professionals, but that these General Terms and Conditions of Sale govern only the sale of Products on the Site to consumers.

If the Customer is a professional, the contractual conditions governing his transaction on the Site with the Vendor are governed by common law.

Article 3. Acceptance of terms and conditions

The Customer undertakes to read these General Terms and Conditions of Sale carefully and to accept them expressly, before proceeding with the payment of an Order for Products placed on the Site.

The present General Terms and Conditions are referenced at the bottom of each page of the Site by means of a link accessible at the following address https://K24official.com and must be consulted before placing the Order. The Customer is invited to carefully read, download and print the General Terms and Conditions of Sale, and to keep a copy.

The Vendor advises the Customer to read the General Terms and Conditions of Sale each time a new Order is placed, as the latest version of these General Terms and Conditions of Sale applies to all new Product Orders.

By clicking on the “Add to Cart” button to place the Order, and then on the second “Confirm Order” button to confirm said Order, the Customer acknowledges having read, understood and accepted the General Terms and Conditions without limitation or condition.

Article 4. Ordering products on the site

In order to purchase a Product, the Customer must be at least eighteen (18) years old and/or have legal capacity and be a consumer.

To purchase a Product on the Site, the Customer must be registered and log in to his/her Account.

4.1. Registration procedure

All Customers have the option of registering on their first visit to the Site in order to create an Account. Customer registration on the Site is free of charge.

To open an Account, the Customer must:

  • Choose an Identifier.
  • Enter his/her e-mail address.
  • Choose a password.

Any incomplete registration will not be validated, which the Customer acknowledges and accepts.

The information provided by the Customer to the Vendor during registration must be complete, accurate, up-to-date, truthful and not misleading. The Vendor reserves the right to ask the Customer to confirm, by any appropriate means, their identity, eligibility and the information provided.

Customers are informed and accept that the information entered for the purposes of creating or updating their Account constitutes proof of their identity. The information entered by Customers is binding on them as soon as it has been validated.

The Customer undertakes to update this information in their Account without delay in the event of any modifications, so that it always corresponds to the aforementioned criteria.

The registration of a Customer automatically leads to the opening of an Account in their name, from which they can track their Orders and return requests, and update their personal information.

The Customer’s Identifiers are the e-mail address or username indicated at registration, and the password.

The Customer may connect to his Account in order to change the password. Customers are advised to change their password regularly.

Customers may access their Account at any time by logging in using their Identifiers.

The Vendor undertakes to keep in a secure manner all contractual elements whose retention is required by the law or regulations in force.

4.2. Management of Identifiers

The Customer shall be solely responsible for the use of their Identifiers or actions taken through his Account.

Should a Customer disclose or use their Identifiers in a manner contrary to their intended purpose, the Vendor may terminate access to the Account without notice or compensation.

Under no circumstances shall the Vendor be held liable in the event of usurpation of a Customer’s identity. All access and actions carried out from a Customer’s Account will be presumed to have been carried out by that Customer, insofar as the Vendor is not obliged and does not have the technical means to ensure the identity of persons accessing the Account.

Any loss, misappropriation or unauthorized use of a Customer’s Identifiers and their consequences are the sole responsibility of the Customer, who is required to notify the Vendor without delay by e-mail to the following address: office@k24official.com

4.3. Unsubscribe

The Customer may close his Account at any time by sending an e-mail to the following address: office@k24official.com.

The Vendor will deactivate the Account as soon as possible and send the Customer an e-mail confirming the closure.

Orders in progress must be paid for by the Customer and delivered by the Vendor.

Article 5. Orders

5.1. Product characteristics

The Vendor undertakes to present in a clear, legible and comprehensible manner the essential characteristics of the Products and the compulsory information that the Customer must receive under French law, and to verify their accuracy.

These characteristics and information appear on the product sheets on the Site.

In particular, these sheets contain the description, composition, format and price of the Product.

The Customer undertakes to read this information carefully before placing an Order on the Site.

In addition, the Vendor will indicate, where legally obliged to do so, the environmental qualities and characteristics of any Product that generates waste (incorporation of recycled materials, use of renewable resources, durability, recyclability).

All Products sold by the Vendor on the Site comply with current European legislation and standards applicable in France.

5.2. Order procedure

Orders for Products are placed directly on the Site. To place an Order, the Customer must follow the steps described below. Product selection and purchase options

5.2.1. Product selection and purchase options

The Customer must select the Product(s) of their choice by clicking on the Product(s) concerned and choosing the desired quantities. Once the Product has been selected, it is placed in the Customer’s shopping basket. The Customer may then add as many Products as he or she wishes to the basket.

5.2.2. Orders

Once the Products have been selected and placed in the basket, the Customer must click on the basket and check that the contents of the Order are correct (including the quantity, characteristics and references of the Products ordered, the billing address, the means of payment and the price) before validating its contents.

Once the Customer has validated the contents of the basket and logged in/registered, an automatically completed online form will be displayed, summarizing the price, applicable taxes and delivery charges.

The Customer can then proceed to pay for the Products using the chosen method of payment, by following the instructions on the Site and providing all the information required for invoicing and delivery of the Products.

For Products for which options are available, these specific references appear when the correct options have been selected. Orders placed must include all the information required to process the Order.

5.2.3. Acknowledgement of receipt

Once all the steps described above have been completed, a page appears on the Site to acknowledge receipt of the Customer’s Order.

A copy of the Order acknowledgement is automatically sent to the Customer by e-mail, provided that the e-mail address given on the registration form is correct.

It is specified that the Order summary and confirmation e-mail may be retained and printed by the Customer.

5.2.4. Billing

During the Order procedure, the Customer must enter the information required for invoicing (the sign (*) indicates the mandatory fields that must be completed for the Customer’s Order to be processed by the Vendor).

In particular, the Customer must clearly indicate all information relating to Delivery, in particular the exact Delivery address, as well as any access code to the Delivery address.

The Customer must also specify the chosen method of payment.

Neither the order form that the Customer draws up online, nor the acknowledgement of receipt of the Order that the Vendor sends to the Customer by e-mail, constitute an invoice. Whatever the method of Order or payment used, the Customer will receive the original invoice inside the parcel upon delivery of the Products.

5.3. Order date

The date of the Order is the date on which the Vendor acknowledges online receipt of the Order. The lead times indicated on the Site only begin to run from this date.

5.4. Prices

For all Products, the Customer will find on the Site prices displayed in euros inclusive of all taxes, as well as the applicable delivery charges (excluding packaging and gifts, depending on the delivery address and the carrier or mode of transport chosen).

In particular, prices include Value Added Tax (VAT) at the rate applicable on the Order date. A ny change in the applicable rate may have an impact on the price of the Products from the date on which the new rate comes into force.

The applicable VAT rate is expressed as a percentage of the value of the Product sold.

5.5. . Product availability

The Vendor undertakes to deliver the Product on the date or within the period indicated to the Customer, unless the parties have agreed otherwise.

The unavailability of a Product is indicated on the relevant Product page.

In any event, if unavailability has not been indicated at the time of the Order, the Vendor undertakes to inform the Customer without delay if the Product is unavailable.

If a Product is unavailable, the Vendor may, if the parties agree, offer an alternative Product of equivalent quality and price, accepted by the Customer.

If the Customer decides to cancel his Order for unavailable Products, they will be reimbursed for all sums paid for the unavailable Products no later than fourteen (14) days following the date on which the contract was cancelled.

Article 6. Right of withdrawal

In accordance with article L221-28 of the French Consumer Code, insofar as the Products are goods made to the consumer’s specifications or clearly personalized, the consumer does not benefit from a right of withdrawal.

Article 7. Payment

7.1. Payment methods

The Customer may pay for Products online on the Site by the means proposed by the Vendor, i.e. by:

  • Credit card.
  • Bank transfer.

In the event of payment by bank transfer, the Order will not be dispatched until the funds have been received in the Vendor’s bank account.

The Customer guarantees the Vendor that they hold all the authorizations required to use the chosen means of payment.

The Vendor will take all necessary measures to guarantee the security and confidentiality of data transmitted online as part of online payment on the Site.

It is hereby specified that all payment information provided on the Site is transmitted to the Site’s bank and is not processed on the Site.

7.2. Payment date

In the case of a single payment by credit card, the Customer’s account will be debited as soon as the Product Order is placed on the Site.

In the case of partial delivery, the total amount will be debited from the Customer’s account at the earliest when the first parcel is dispatched.

If the Customer decides to cancel their Order for unavailable Products, the refund will be made in accordance with the last paragraph of article 5.5 of these General Terms and Conditions.

7.3. Refusal of payment

If the bank refuses to debit a card or other means of payment, the Customer must contact the Vendor’s Customer Service Department to pay for the Order by any other valid means of payment accepted by the Vendor.

In the event that, for any reason whatsoever, such as opposition, refusal or other, the transmission of the flow of money owed by the Customer proves impossible, the Order will be cancelled, and the sale automatically terminated.

Article 8. Proof and archiving

Any contract concluded with the Customer corresponding to an Order amounting to more than 120 euros including VAT will be archived by the Vendor for a period of ten (10) years in accordance with article L213-1 of the French Consumer Code.

The Vendor agrees to archive this information to monitor transactions and produce a copy of the contract at the Customer’s request.

In the event of a dispute, the Vendor will be able to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.

Article 9. Transfer of ownership

The Vendor remains the owner of the Products delivered until full payment has been received from the Customer.

The above provisions do not prevent the transfer to the Customer, at the time when the latter or a third party designated by them takes physical possession of the Product, of the risks of loss or damage to the Products which are subject to the retention of title, as well as the risks of damage which they may cause.

In the event of delivery to a carrier other than the one proposed by the Seller, the risk of loss or damage to the Product is transferred to the Customer when the Product is handed over to the carrier.

Article 10. Delivery

The terms and conditions of Product delivery are set out in the “Delivery Policy” in Appendix 2 hereto.

Article 11. Warranties

In addition to the commercial warranties that the Vendor may offer for certain Products, all Customers benefit from “legal” warranties, for all Products, which are set out in Appendix 1 hereto.

Article 12. Liability

Under no circumstances shall the Vendor be held liable in the event of non-performance or improper performance of contractual obligations attributable to the Customer when entering his Order.

The Vendor shall not be held liable, or be deemed to have failed, for any delay or non-performance of any of its obligations described in these GTS, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the jurisprudence of the French Courts and Tribunals.

It is further specified that the Vendor has no control over websites that are directly or indirectly linked to the Site. Consequently, the Vendor accepts no responsibility for the information published on these sites. Links to third-party websites are provided for information purposes only, and no guarantee is given as to their content.

Article 13. Force majeure

The Seller shall not be held liable if the non-performance or delay in performance of any of its obligations described in these GCS is due to force majeure.

Force majeure in contractual matters occurs when an event beyond the debtor’s control, which could not reasonably have been foreseen when the contract was concluded and the effects of which cannot be avoided by appropriate measures, prevents the debtor from fulfilling its obligation.

If the impediment is temporary, performance of the obligation is suspended, unless the resulting delay justifies termination of the contract. If the impediment is definitive, the contract is terminated ipso jure, and the parties are released from their obligations under the conditions set out in articles 1351 and 1351-1 of the French Civil Code.

In the event of one of the aforementioned events, the Vendor will endeavor to inform the Customer as soon as possible.

Article 14. Personal data

All consumers have the option of registering free of charge on the BLOCTEL telephone anti-solicitation list: https://www.bloctel.gouv.fr/.

In accordance with law n°2020-901 of July 24, 2020 aimed at regulating telephone canvassing and combating fraudulent calls, any professional reserves the right to canvass a consumer registered on the telephone canvassing opposition list when solicitations are made in connection with the performance of a current contract and are related to the subject of said contract, including when the purpose is to offer the consumer products or services related to or complementary to the subject of the current contract or likely to improve its performance or quality.

On the Site, the Vendor collects personal data concerning its Customers as part of the management of requests for information, the management and monitoring of Accounts and contracts, the management of Orders and Deliveries of Products, the management of payment, the proper functioning and ongoing improvement of the Site, the management of requests for rights arising from the RGPD and, if the Customer has expressly chosen this option, to send the Customer newsletters and commercial offers, unless the Customer no longer wishes to receive such communications from the Vendor.

In this respect, the Customer is invited to consult the Vendor’s Privacy Policy available at the following address: https://K24official.comwhich will provide further information on the protection of personal data, the processing carried out via the Site and the procedures for exercising rights.

Article 15. Complaints – customer services

The Vendor provides the Customer with a “Customer Telephone Service” on the following number: +33 1 88 53 01 22 (not surcharged) available from Monday to Friday from 9:30 am to 5 pm.

Any written complaint by the Customer must be sent by post to the following address 12, rue des Fossés, RENNES (35 000), or by e-mail to the following address: office@k24official.com.

Article 16. Intellectual property rights

All visual and sound elements of the Site, including the underlying technology used, are protected by copyright, trademark and/or patent law.

These elements are the exclusive property of the Vendor, or the Vendor has been granted a license to use them commercially.

Any person who publishes a website and wishes to create a direct hypertext link to the Site must request the Vendor’s authorization in writing.

Under no circumstances will this authorization from the Vendor be granted on a permanent basis. This link must be removed at the Vendor’s request. Hypertext links to the Site using techniques such as framingframingorin-line linking are strictly prohibited.

Any representation or reproduction, in whole or in part, of the Products, the Site or its contents, by any process whatsoever, without the Vendor’s express prior authorization, is prohibited and shall constitute an infringement punishable by the provisions of the French Intellectual Property Code.

Acceptance of these GCS implies recognition by the Customer of the Vendor’s intellectual property rights and an undertaking to respect them.

Article 17. Validity of general terms and conditions

Any change in the legislation or regulations in force, or any decision by a competent court invalidating one or more clauses of these General Terms and Conditions of Sale shall not affect the validity of these General Terms and Conditions of Sale. Any such modification or decision shall in no way authorize customers to disregard these General Terms and Conditions of Sale.

Article 18. Modification of general terms and conditions

The present General Terms and Conditions of Sale apply to all Orders placed online on the Site, for as long as the Site is available online.

The General Conditions are dated precisely and may be modified and updated by the Seller at any time. The General Conditions applicable are those in force at the time of the Order.

Changes to the General Terms and Conditions will not apply to Products already purchased.

Article 19. . Jurisdiction and applicable law

THESE GENERAL TERMS AND CONDITIONS AND THE RELATIONSHIP BETWEEN THE CUSTOMER AND THE VENDOR ARE GOVERNED BY FRENCH LAW.

Prior to any recourse, the Customer is invited to contact the Vendor’s complaints department.

If no agreement is reached, or if the Customer proves that they have previously attempted to resolve their dispute directly with the Vendor by means of a written complaint, an optional mediation procedure will be proposed, conducted in a spirit of loyalty and good faith, with a view to reaching an amicable agreement in the event of any dispute relating to the present GTCS, including any dispute concerning its validity.

To initiate this mediation, the Customer may contact the Vendor’s mediator:

Médiateur de la consommation

BP 201015

75362 PARIS CEDEX 8.

Consumers may also use the European online dispute resolution platform accessible at the following address:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.

The party wishing to initiate the mediation process must first inform the other party by registered letter with acknowledgement of receipt, indicating the elements of the dispute.

Since mediation is not compulsory, either the Customer or the Seller may withdraw from the process at any time.

IN THE EVENT THAT MEDIATION FAILS OR IS NOT CONSIDERED, THE DISPUTE WHICH MAY HAVE GIVEN RISE TO MEDIATION WILL BE REFERRED TO THE COMPETENT JURISDICTION.

Annexe 1. Legal warranties

In addition to the commercial warranties that the Vendor may offer for certain Products, all Customers benefit from “legal” warranties for all Products, which are detailed below, in accordance with Article L221-5 of the French Consumer Code. The consumer has a period of two years from the date of delivery of the good to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a defect of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity, and not the date of its appearance.   The legal guarantee of conformity entitles the consumer to repair or replacement of the good within thirty days of his request, free of charge and without any major inconvenience to him. If the good is repaired under the legal warranty of conformity, the consumer benefits from a six-month extension of the initial warranty.   If the consumer asks for the good to be repaired, but the seller requires it to be replaced, the legal warranty of conformity is renewed for a period of two years from the date of replacement of the good.   The consumer may obtain a reduction in the purchase price by keeping the good, or terminate the contract by obtaining a full refund against return of the good, if:   the professional refuses to repair or replace the good. the goods are repaired or replaced after a period of thirty days. the repair or replacement of the good causes a major inconvenience for the consumer, in particular when the consumer definitively bears the cost of taking back or removing the non-conforming good, or if he bears the cost of installing the repaired or replacement good. the non-conformity of the good persists despite the seller’s unsuccessful attempt to bring it into conformity.     The consumer is also entitled to a reduction in the price of the goods or to rescission of the contract if the lack of conformity is so serious as to justify immediate reduction in the price or rescission of the contract. In such cases, the consumer is not obliged to request repair or replacement of the goods beforehand.   The consumer is not entitled to rescind the contract if the lack of conformity is minor.   Any period during which the good is immobilized for repair or replacement suspends the remaining warranty period until delivery of the repaired good.   The rights mentioned above result from the application of articles L217-1 to L217-32 of the French Consumer Code.   Any seller who obstructs the implementation of the legal warranty of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales (article L241-5 of the French Consumer Code).   Consumers are also covered by the legal warranty for hidden defects under articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the good is kept, or to a full refund in exchange for the return of the good.

Annexe 2. Delivery policy

Delivery zone

The Products offered can only be delivered within the Territory.

It is not possible to place an Order for any Delivery address outside this Territory.

Products are shipped to the delivery address(es) indicated by the Customer during the Order process.

Delivery times

The lead times for preparing and invoicing an Order, prior to dispatch of Products in stock, are indicated on the Site. These times do not include weekends or public holidays.

An e-mail message will automatically be sent to the Customer when the Products are dispatched, provided that the e-mail address given in the registration form is correct.

Delivery times and costs

During the Order process, the Vendor informs the Customer of the possible delivery times and shipping methods for the Products purchased. Shipping costs are calculated according to the delivery method, the weight of the package and the delivery address.

The amount of these costs will be due by the Customer in addition to the price of the Products purchased.

Delivery times and costs are detailed on the Site.

Delivery methods

Products are delivered by a specialized carrier.

The parcel will be handed over to the Customer upon signature and presentation of proof of identity.

In the event of absence, a notice will be left for the Customer to collect the parcel from a designated location.

Delivery problems

In the event of failure by the professional to meet his obligation to deliver, the Customer may invoke article L216-6 of the French Consumer Code, which provides for the possibility of rescinding the contract, if after having given formal notice to the professional to deliver within a reasonable additional period, the latter has not complied within this period.

The contract is deemed to have been terminated on receipt by the Vendor of the letter or writing informing him of such termination, unless the Vendor has performed in the meantime.

The Customer may immediately cancel the contract:

  • When the professional refuses to deliver the Product or when it is obvious that he will not deliver the good.
  • When the professional does not fulfil his obligation to deliver the Product on the date or at the expiry of the time limit stipulated in article L216-1 of the French Consumer Code, and when this date or time limit constitutes an essential condition of the contract for the Customer. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request made by the Customer prior to the conclusion of the contract.

If the contract is terminated under the aforementioned conditions, the Vendor will reimburse the Customer for all sums paid, at the latest within fourteen (14) days of the date on which the contract was terminated.

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