Terms of sale
1 - PURPOSE - APPLICATION - VALIDITY
The purpose of these General Terms and Conditions is:
Inform any potential Customer about the conditions and modalities under which the Seller carries out the sale and delivery of Products from the catalog posted online on the Website;
Establish the rights and obligations of the parties in the context of the sale of Products present in the catalog posted online by the Seller on the Website.
These general conditions of sale apply to all sales concerning the Products presented in the catalog posted online by the Seller, intervening for the benefit of non-professional Customers.
Consequently, validation of the Order by the Customer (double click on the “VALIDATE” button) implies full and unreserved acceptance of these general conditions of sale, to the exclusion of all other documents.
Specific conditions for certain Products may supplement these general conditions. They are then specified during the presentation of the Product.
The version of the general conditions of sale applicable to each Order validated on the Seller's Website is the one online on the date of validation of the ORDER. Said version will govern the contract from its conclusion and until the extinction of the guarantees provided.
The Seller reserves the right to modify its general conditions of sale. Any new version of the General Terms and Conditions will be notified in advance on the home page of the Seller's Website.
The fact that the Seller does not avail itself at a given time of any of the provisions of these general conditions of sale cannot be interpreted as a definitive waiver of their application.
2 - DEFINITIONS
Advantage: any service provided by the Seller to the Beneficiaries.
Beneficiary(ies): Client(s)
Purchase Order: Purchase order placed by the Customer on the Seller's Website in compliance with these General Terms and Conditions.
Customer: Any person, acting as a non-professional, wishing to place an Order in compliance with these General Terms and Conditions.
Bouillettespascher.fr account: current account registered in the name of the Customer in the Seller's accounting allowing the registration of credits and reimbursements made by the Seller to the Customer, as well as payment by the Customer to the Seller within the limit of the credits and reimbursements registered. This Account may under no circumstances have a debt situation payable by the Customer.
CGV: General Conditions of Sale.
Take-back request: printable document on the Website, allowing the Beneficiary to make a take-back proposal to the Seller.
Product Sheet: detailed description of each Product presented by the Seller on the Website.
Delivery: shipment of one or more Products in execution of a Purchase Order validated by the parties.
Product: Any good presented for sale in the catalog posted online by the Seller.
Customer Service: karpfrance@gmail.com responsible for Customer relations, contactable:
By telephone at 0630073659 Monday and Thursday from 9:00 a.m. to 12:00 p.m. and from 2:00 p.m. to 5:00 p.m.
By email to the following address: karpfrance@gmail.com
By post to the following address: Karp France La Louagerie 58110 Rouy
Carrier: La Poste, colissimo, or any other transport company pre-selected by the Seller and approved by the Customer.
Seller: Karp France La Louagerie 58110 Rouy 519 261 549 RCS Nevers
3 - ONLINE CONTRACT
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constituent elements of the online contract.
The contractual whole is formed by the following elements:
o the GENERAL CONDITIONS OF SALE,
o purchase order,
o ACCEPTANCE OF THE ORDER,
o the bill.
All of these elements form an inseparable whole, to the exclusion of all other documents.
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stages of concluding the contract
The online sales contract will only be definitively concluded at the end of the following stages:
o reading and validation by the Customer of these general conditions of sale,
o provision of all the information necessary to establish the Purchase Order,
o validation of the Order by the Customer,
o payment validation,
o acceptance of the Purchase Order by the Seller, subject to compliance with the provisions of article 8 of the General Terms and Conditions.
At each stage, the Customer will be asked to confirm the data by a "double click" which in accordance with the provisions of the Law of March 13, 2000 and the Law of June 21, 2004 marks his irrevocable acceptance of the terms proposed to him.
Acceptance or refusal of the Order by the Seller, for legitimate reasons as defined in Article 8 of the General Terms and Conditions, will be confirmed by email.
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Languages offered for concluding the contract online.
All contractual documents are written in French.
The Client must have a sufficient level of understanding of the French language.
Under no circumstances can the Seller be held liable for the Customer's poor understanding of the French language.
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Archiving of online contracts.
All contractual documents will be archived in the karpfrance.com customer account
However, the banking data necessary for making online payment does not give rise to any archiving, in accordance with article 7 of these general conditions of sale.
Contractual documents will be kept for a period of 120 months.
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Consultation of the contract online
The Customer has a personal space on the Website, identified by his email address and password, allowing him to consult and print all the contractual documents concerning him.
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Probative documents
The Seller recommends that Customers print and keep all contractual documents, as well as the description sheet for the Product(s) ordered.
May also constitute legal evidence, communications, purchase orders, invoices, payment receipts and all documents resulting from the archiving of contractual documents in the Seller's computer system, to which the Customer has access, as indicated above (art. 3.5).
4 - PRODUCTS
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Seller Catalog
The Products offered for sale online in the Seller's catalog are manufactured and distributed by suppliers who ensure compliance of the Product with current French legislation and the standards applicable in France.
When a Product offered for sale online in the Seller's catalog is withdrawn from commerce by the supplier, whatever the reason, the Seller will be required to remove the Product from its catalog as soon as possible.
If the withdrawal of a Product by the supplier prevented the Seller from honoring an Order, the Customer would not benefit from any recourse against the Seller who undertakes in this case to offer the Customer a similar Product, in the same range of prices. price or, at the Customer's choice, reimbursement of the sums paid.
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Description and information on the Products - Product Sheets
The essential characteristics of the Products present in the Seller's catalog are communicated by the suppliers and posted online on the Product Sheets by the Seller, who strives to present them as faithfully as possible.
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Availability of Products
The Seller undertakes to honor the Purchase Orders received within the limits of stocks available either at the Seller or at the supplier.
In the event of unavailability of an ordered product, the Seller undertakes to inform the Customer as soon as he becomes aware of it.
In the event of unavailability, the Seller will offer a refund or a credit for the entire Seller catalog.
If the customer opts for reimbursement, the Seller will reimburse the sums paid by the customer without delay and within 30 days at the latest. If this period is exceeded, the sums bear interest at the legal rate.
5 - ORDERS
The Customer places his order according to the process in force on the Website and confirms the detailed Order Form.
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Legal capacity
Only people legally capable of entering into a contract are allowed to place an order.
In order to certify their legal capacity, the Customer will be asked, when placing the order, to guarantee that they have the full legal capacity to adhere to the General Terms and Conditions and to conclude the contract.
In addition, when paying by card, the Customer will be asked to guarantee that he is fully authorized to use said card and that the latter gives access to sufficient funds to cover all costs necessary to pay the Invoice.
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Registration
When placing their first order, the Customer must register on the Website.
To register, the Customer agrees to provide the information requested and commits to the veracity of the latter:
o first and last name,
o Date and place of birth,
o address,
o phone,
o email address,
o type of payment card (card number, expiration date and cryptogram).
The Website assigns each Customer an automatic password, which can be modified by the Customer in their personal space.
During each visit, when accessing personal data, or when placing an order, the Customer will have been identified beforehand by his username and password, it being specified that this is not used to carry out any payment.
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establishment of the Purchase Order
To establish the Purchase Order, the Customer must:
o identify the Product(s) ordered, taking care to be precise with regard to reference numbers, colors, sizes, etc., in accordance with the Product Sheet,
o all the information necessary for delivery: address, access code, floor, etc. and in the event of special delivery conditions, a telephone number at which it can be reached during the day, to make an appointment.
The Seller generates a Purchase Order containing all the data provided by the Customer and including the Price of the order.
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Validation of the Purchase Order
The Customer must check, on the Order Form, all the information entered and the Price, if necessary correct any errors.
The Purchase Order must be validated:
By means of a “double click” on the “VALIDATE” button on the virtual payment terminal,
The Seller cannot be held responsible for possible input errors by the Customer nor for the consequences in terms of delays or delivery errors.
Thus, if delivery cannot take place due to an entry error by the Customer, the reshipping costs will be at their expense. In addition, the Customer will refrain from any complaints due to exceeding delivery times.
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Delay or inability to place an Order
The Seller cannot be blamed or held responsible for the consequences of any events beyond its control, in particular cases of force majeure, which tend to delay or prevent the placing of the online order.
6 - PRICE
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Composition and validity
The price of the Order is composed of:
o of the price of the Product(s), all taxes included,
o processing fees,
o delivery costs.
Product Prices. The prices of the Products sold on the Website are indicated in euros, all taxes included, excluding preparation and shipping costs and are valid as long as they are present on the Product Sheet.
If the price of the same Product is stated elsewhere on the Website (for example on the home page or on the newsletter), the price indicated on the Product Sheet is binding.
The Products are supplied at the price in effect at the time the Order is placed.
Shipping cost. A contribution to the shipping costs is requested for all Delivery. Said Fees are indicated on the Order Form.
This contribution covers the costs of preparing the Order and its specific packaging.
The amount of this participation is indicated in the Order summary.
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Price fluctuations
Carrying out one-off promotional operations may result in a fluctuation in the price of one or more Products, for a limited period of time and indicated on the website.
Said price fluctuations will not entitle you to any refund for Orders placed outside the promotion period.
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Possible errors
All prices are given subject to obvious typographical errors.
If an error should occur, the Seller will contact the Customer to alert them of the error made by their services and will remind them that the Order will be invoiced under the corrected conditions.
However, in the event of refusal by the Customer to accept the price correction, he will be free to cancel the corrected Order, without penalties.
7 - PAYMENT
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Payment
Payment must be made in euros, in cash, on the day of the Order.
At no time can the sums paid be considered as deposits or deposits.
To pay for his Order, the buyer has the following payment methods:
o Bank card,
The bank cards accepted on the site are: Carte Bleue, Visa or Mastercard.
The Customer guarantees to the Seller that he has the necessary authorizations to use the payment method he has chosen, when registering the Purchase Order.
The Seller reserves the right to suspend or cancel any Order and/or delivery, whatever its nature and terms of execution, in the event of non-payment of any sum due by the Customer or in the event of a security incident. payment.
Penalties of an amount equal to the legal interest rate increased by 3 points are automatically applicable to amounts due after a period of ten days following the invoice date or upon notification of bank payment rejection for means of payment. Delivery of any new Order may be suspended in the event of late payment for a previous Order, notwithstanding the provisions herein.
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Payment security
For the security of transactions, the Seller requests banking data from its Customers for each new Order.
The Seller uses secure payment systems.
During the payment transaction, the Customer is automatically connected to the payment processing center server.
Banking data, protected by encryption, does not pass through the Seller's systems, and is therefore not retained by it.
8 - ACCEPTANCE OF THE PURCHASE FORM
Unless there is a legitimate reason justifying the refusal of the order, the Purchase Order will be expressly accepted by the Seller.
In accordance with the provisions of article L 122-1 of the Consumer Code, the Seller will have the right to refuse the order by invoking a legitimate reason. It is already specified that the following elements will be qualified as “legitimate reason”:
anomaly on the Purchase Order,
refusal of payment,
late payment for previous Orders,
unavailability of Products,
abnormal consumer behavior
bad faith of the consumer,
existence of a previous dispute,
incivility against company employees.
Acceptance of the Purchase Order or refusal of the order will be notified by the Seller to the Customer, by any means at its disposal: e-mail, fax, mail.
The contract will be definitively concluded on the date of Acceptance of the Purchase Order.
9 - DELIVERY
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Place of delivery
Deliveries are made to the address indicated for this purpose by the Customer on the Order Form.
The delivery address must be a physical address (name, number, street, postal code, municipality, country). Karp France reserves the right to refuse any delivery to a post office box.
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Delivery terms
Except in special cases or unavailability of one or more products, the products ordered will be delivered in one go.
Karp France reserves the right, when an Order includes several references, some of which are temporarily unavailable, or permanently out of stock, to ship the Order without the missing reference(s). The price of the missing references is then immediately entered into the karpfrance.com Account and the transfer to the Customer's bank account will be made within 72 (working) hours following the
simple click on the refund information email and, for any refund request made by post, within a maximum period of 15 days.
In the event of a specific request from the Customer concerning the packaging or transport conditions of the Products, duly accepted in writing by the Seller, the related costs will be subject to additional specific invoicing, based on a quote previously accepted in writing by the Customer. .
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Delivery times - Delivery deadline
The delivery time for the Products appears explicitly in the Product Sheet. This deadline excludes weekends and public holidays, and subject to availability of Products confirmed by the supplier.
The deadline by which the Seller undertakes to deliver the order appears explicitly on the Purchase Order.
In the event of non-compliance with the delivery date mentioned in the Order Form, the Customer may cancel his Order by sending a registered letter with acknowledgment of receipt to Customer Service.
Cancellation will not be taken into account by the Seller if shipment or delivery has not occurred between sending and receipt of said letter.
The payment made by the Customer will be immediately recorded on their karpfrance.com Account and may be reimbursed, upon simple request, within a maximum period of 15 days following the date of payment of the Price by the Customer.
In the event of non-compliance with the delivery deadline, the Seller may exempt itself from all or part of its liability by providing proof that the non-performance or poor performance of the contract is attributable to the Customer, to the unforeseeable and insurmountable fact of a third party to the contract and/or in the event of force majeure.
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Reception
The Customer undertakes to transmit all the information necessary for delivery in order to guarantee its successful completion (and in particular a telephone number at which the Carrier can contact him during the day).
The Customer undertakes, for himself or for the recipient of the Products, to take delivery of the goods at the address he has indicated.
Upon delivery, the Customer or the recipient of the Products must be able, if requested, to prove their identity.
The Customer is required to check the condition of the delivered products.
The Seller will replace as soon as possible and at its expense, the products delivered whose apparent defects or lack of conformity have been duly proven by the Customer.
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Returns
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Case of return of Products:
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The Products can only be returned as part of the exercise of the right of withdrawal, lack of conformity or apparent defect.
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Product return terms:
The Product(s) are sent by the Customer to the Return Service, specifying their choice of exchange or refund. The right of return is exercised without penalties. Cash on delivery returns will not be accepted.
A return slip present in each package must be completed, indicating precisely the reason for the return made. If the slip is not present in the package, the Customer simply needs to contact Customer Service to have it returned electronically.
Return costs are covered by Bouillettespascher.fr upon simple written request by post to the following address: Karp France La Louagerie 58110 Rouy, only for orders in mainland France. For these items, a prior return request can be made by the Customer to the Return Service, already specifying their choice of exchange or refund. The Return Service takes the return into account by assigning a file number. It is specified that returns bearing the file number assigned in accordance with the provisions of this paragraph will benefit from an accelerated processing procedure.
The Products must be returned in their original packaging, specifying that the products must be returned unopened when the return is motivated by any cause other than the existence of a lack of conformity or a defect.
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The Return of Products gives rise, at the Customer's choice:
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for exchange: reshipping costs are covered by bouillettespascher.fr upon simple written request to: Karp France La Louagerie 58110 Rouy. No other method of return will be accepted.
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for reimbursement: For Customers in mainland France, the Price of the returned Product is immediately entered in the Customer's Bouillettespascher.fr Account and refundable by check or bank transfer upon simple request in the reimbursement information email.
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10 - RIGHT OF WITHDRAWAL
The Customer has a period of fourteen days from the date of receipt to return the Products ordered.
The Products must be returned to the Seller, in perfect resalable condition, in their original condition (packaging, accessories, instructions, etc.), duly sealed, and accompanied by the return slip signed according to the procedure described above .
The limitation of the right of withdrawal is expressly mentioned on the Product Sheets of the Products concerned.
11 - TRANSFER OF OWNERSHIP - TRANSFER OF RISKS
The Seller retains full ownership of the Products sold until full payment of the price, in principal, costs and taxes included.
12 - GUARANTEES
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extent
The Products benefit, in accordance with legal provisions:
o the legal guarantee of conformity under articles L211-4 of the Consumer Code,
o the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the Products and rendering them unfit for use, under Articles 1641 et seq. of the Civil Code,
o guarantees provided by the manufacturers of the Products, based on their forecasts.
In order to assert his rights, the Customer must, under penalty of forfeiture of any action relating thereto, inform the Seller of the existence of the defects, by registered letter with acknowledgment of receipt within the deadlines provided for by articles L211-12 of the Consumer Code and Article 1648 of the Civil Code.
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Warranty Exclusions
No warranty will be due if the Product has been subject to modifications without prior written consent from the Seller or even interventions for repair or maintenance by persons not approved by the manufacturer (or if the item sold is used abnormally or in abnormal conditions with reference to the instructions for use provided by the manufacturer).
13 - PARTIAL INVALIDITY
If one or more stipulations of these general conditions of sale are held to be invalid or declared null in application of a law, a regulation or following a final decision of a competent court, the other stipulations will remain in full force and effect. their strength and scope.
14 - NON WAIVER
If the fact for one of the parties not to take advantage of a failure by the other party to any of the obligations arising from these general conditions of sale cannot be interpreted for the future as a waiver of the obligation in question.
15 - APPLICABLE LAW AND COMPETENT JURISDICTION
Sales of Products are subject to French law.
Any dispute relating to the interpretation, execution or termination of the contract concluded between the Seller and the Customer will be submitted to the competent Court under the conditions of common law.
16 - PROTECTION OF PERSONAL DATA
In accordance with Law No. 78-17 of January 6, 1978 "information technology & freedoms", the Customer is informed that the responses to the various questionnaires are necessary to process their registration and create their personal space.
The information thus collected as well as that subsequently collected through the use of the Website remains confidential and will be subject to automated processing. This information may be transmitted to sister companies, the parent company, and/or subsidiaries of the Seller, and/or to Partners for commercial prospecting purposes, unless expressly opposed by the Holder.
The Customer has the right to access, modify, rectify and delete information concerning him through Customer Service.