C.G.V.

Preamble:

The contract between SARL KAELIS and the Customer shall be governed by the following terms and conditions of sale.
These general conditions, to which the Customer has free access, are an integral part of the contract and are therefore enforceable against him.

Subject:

The purpose of this contract is the sale of goods in accordance with the Customer's requirements and offered by SARL KAELIS on the website https://www.shop-kaelis.fr/en/.

1. GENERAL APPLICATION CLAUSE

Our sales are subject to the present general conditions which prevail over any other stipulation emanating from the purchaser. The only fact of placing an order or accepting an offer of the SARL KAELIS implies the acceptance without restriction nor reserves of the present general conditions of sales. Any condition posed by the purchaser will be thus, in the absence of express acceptance, inopposable to the SARL KAELIS. The present general conditions can be modified at any time and without notice by the SARL KAELIS.
In accordance with the law of March 13, 2000 on the electronic signature, any order form signed by the customer by "double click" constitutes an irrevocable acceptance which can be called into question only in the cases limitativement envisaged in the present general conditions of sale such as "right of retractation" and "out of stock".
The "double click" associated with the authentication, non-repudiation and message integrity protection procedure constitutes an electronic signature. This electronic signature has the value of a handwritten signature between the parties. The present general conditions of sale come into force on the date of electronic validation by double click of the order form by the customer. These general conditions are concluded for the duration necessary for the supply of the goods.
The customer will be deemed to have read and accepted the terms of sale by checking the box provided for this purpose. No order will be recorded without the customer having first checked the box corresponding to the acceptance of these terms of sale.
The present contract is formed by the following contractual documents: The present general conditions of sale and the order form.
The computerized registers, kept in the computer systems of the SARL KAELIS in reasonable conditions of security, will be considered as proof of communications, orders and payments between the parties.
The archiving of purchase orders and invoices will be made on a reliable and durable support that can be legally produced as evidence.

2. ORDERS

All orders can be placed via the website. Orders are effective upon receipt of payment (PayPal, CB or check ...). Photos and graphics of the catalogs are only indicative and do not engage SARL KAELIS. However, in the event that a supplier modifies a product, the graphic representation of this one could not engage the responsibility of the SARL KAELIS nor affect the validity of the sale. The offers are valid only within the limits of available stocks.
The sale will be considered as final only after the sending of the confirmation of the order to the customer and cashing by the SARL KAELIS of the full price.
Any order paid by check or bank transfer will be processed only upon receipt of the payment method. The availability and shipping times will be recalculated from the date of registration of this method of payment.
The customer must check the conformity of the information concerning the address of delivery which it provides to the SARL KAELIS.
The products offered are in accordance with the French legislation in force and the standards applicable in France. The photographs, texts, graphics, information and characteristics reproduced and illustrating the products presented are not contractual.

3. PRICE

The prices invoiced to the buyer for the products are net prices in euros, including VAT and postage for metropolitan France. These prices can be modified at any time by the publisher, the prices displayed are only valid on the day of the order and are not effective for the future.

The orders of particular services and products not appearing on the tariff of the SARL KAELIS will be invoiced at the price stipulated on the commercial proposal.

4. DELIVERY

We send our parcels by La Poste in colissimo delivered without signature, Lettre Suivie Chronopost or Mondial Relay. La Poste undertakes to deliver within 48 hours, Chronopost within 24 hours and Mondial Relay within 7 days.
We offer free shipping in France for any order over 149 €, and within the limit of one order per week. We do not offer shipping costs for international orders.

The delivery costs, which vary according to the delivery method and the destination of the products, will in any case be indicated to the customer before any payment is made and concern only deliveries made in the countries listed by the publisher's systems. For any other place of delivery, it will be up to the customer to contact the customer service.

Deliveries made outside the European Union are exempt from VAT. Nevertheless, in case of delivery outside the European Union and Dom-Tom, the customer is informed that customs duties and other taxes may be due. The necessary formalities and the payment of the aforementioned rights and taxes are not the responsibility of the editor and will be in any case the responsibility of the customer. It is thus incumbent upon the customer to verify all these data as well as the possibilities of importing the product with the competent authorities of the country of delivery, before any order.

In case of delay, the responsibility of the company KAELIS will not be able to be retained, the purchaser will not be able to ask neither allowances, nor penalties of delay of delivery. In the same way, the case of absolute necessity such as the natural disasters, the strikes, can oblige us to cancel completely or partially the delivery of an order without it being able to be claimed to us of allowances or damages. The SARL KAELIS is entitled to make partial deliveries. Partial deliveries accepted by the purchaser are subject to invoicing upon delivery.
For any payment by check, the order will be effective only with reception of the check.
The material delivered directly to the recipient's home by the carrier travels at the recipient's risk, who in case of delay or damage must exercise his recourse against the carrier. It is thus up to the recipient to make the reserves of use with the reception of the material if it notes damage on the transported material; the aforementioned reserves and complaints must be carried on the delivery slip of your parcel. A copy will be immediately sent to the SARL KAELIS.
If the delivered products do not conform in kind or quality to the specifications indicated in the delivery note or the invoice, the buyer must, under penalty of forfeiture, formulate his complaints within twenty-four (24) hours after delivery. Shipping costs are at the buyer's expense. As they vary according to the type of order (amount, nature, volume), they will be indicated on the quotations or invoices preceding the order. In the case of a loss of parcel during transport, the investigation time can vary according to the carriers and take from one to three weeks. For any error of address of delivery or need for forwarding, the expenses of ports will be the responsibility of the purchaser. The company SARL KAELIS reserves the right to refuse the replacement of a product damaged during transport if the buyer has not issued adequate reserves, detailed and motivated at the time of delivery with the carrier.
The customer will be notified by e-mail of the imminence of a shipment concerning his order.
This order will be carried out at the latest within 30 days as from its date of final validation by the SARL KAELIS (means of payment received and order verification procedure completed).

5. RETRACTATION

Under the conditions provided for in Article L121-16 of the Consumer Code, the buyer has a withdrawal period of fourteen (14) days from the date of delivery. Any return of goods requires to contact the seller beforehand in order to proceed to a quick exchange. The product will have to be returned to the SARL KAELIS, zA La Valdonne, 13124 PEYPIN, FRANCE. The products must not have been used or deteriorated in order for the consumer to benefit from the right of withdrawal. Only products returned in their entirety, with their original packaging, and in perfect condition for resale will be accepted. Any product that has been damaged will not be refunded or exchanged. The costs related to the delivery and the return of the product are at the charge of the buyer. In case of non-conformity of a product in return, the expenses of forwarding will be the responsibility of the purchaser.
The LLC KAELIS has a refund period of 30 working days from the receipt of the returned products.

For any additional transaction on an order (withdrawal, refund, return product, add part...), management fees may be charged, amounting to 2.50€ per transaction.

6. RETENTION OF TITLE CLAUSE

By way of express derogation from the provisions of Article 1583 of the Civil Code, the SARL KAELIS shall remain the owner of the goods delivered until full payment of the price due under this contract, notwithstanding the transfer of the risk of the goods to the buyer. The buyer shall not pledge the goods, sell them or transfer them by way of security. In the event of seizure, the purchaser undertakes to notify SARL without delay KAELIS. In the case of a judicial recovery procedure affecting the company, the buyer undertakes to actively participate in the establishment of an inventory of the goods in its stocks and whose SARL KAELIS claims ownership. Otherwise, the SARL KAELIS has the right to have the inventory recorded by a bailiff at the expense of the buyer.

7. RESPONSIBILITY OF THE PARTIES

The financial liability of the company the LLC KAELIS whatever the basis of the legal action taken will be limited to the restitution of the sums having been paid to him by the purchaser. The SARL KAELIS is not contractually liable for any direct or indirect damage suffered by the purchaser or third parties as a result of the misuse of the material supplied.

8. INTELLECTUAL PROPERTY

All texts, illustrations, graphics, logos and other signs appearing on our site and on our products are reserved under copyright and intellectual property law.

For this reason and in accordance with the provisions of the Code of the intellectual property, only the use for a private use is authorized subject to provisions different even more restrictive from the Code of the intellectual property. Any other use is constitutive of counterfeit and sanctioned under the intellectual property except preliminary and written authorization of the SARL KAELIS
Any total or partial reproduction of the site and the products of the SARL KAELIS is strictly prohibited.

9. GUARANTEE

The products on sale on the site are guaranteed only for manufacturer's defect or hidden defects, for a period of two months. We guarantee the parts and not the labor.

On the other hand, the warranty is excluded for any deterioration resulting from wear and tear or causes unrelated to the intrinsic qualities of the goods, such as those resulting from abnormal use (load, humidity or excessive heating, etc.) or the fault of the purchaser (transport, handling, assembly, when these were carried out by the purchaser or a third party, etc.). They can therefore be neither taken back nor exchanged.

We can not take in guarantee the elements of gearbox on the engines sold complete.

The products composed of electrical or electronic parts cannot be exchanged or refunded. The SARL KAELIS cannot be held responsible for an assembly error that may cause a deterioration of the part.

The electric motorcycles sold on the site benefit from a manufacturer's warranty and in the following manner:

- 3 months for the engine

- 6 months for the battery

- 2 years for the cycle part

In all cases the LLC KAELIS cannot be held responsible for non-compliance with the regulatory and legislative provisions in force in the country of reception, the responsibility of the SARL KAELIS is systematically limited to the value of the product in question, value has its date of sale and this without possibilities of recourse towards the mark or the company producing the product.
All claims must be made by post, by registered mail with acknowledgement of receipt.
In the event that your order arrives damaged and you have described the breakage on the delivery note, you must return the damaged parts to us for replacement.
In any case, the customer benefits from the legal guarantee of eviction and hidden defects (Art.1625 and following of the Civil Code). On the condition that the buyer proves the hidden defect, the seller must legally repair all the consequences (art.1641 and following of the Civil Code); if the buyer goes to court, he must do so within a "short period" from the discovery of the hidden defect (art.1648 of the Civil Code).

10. PAYMENT CONDITIONS

Payments shall be made in such a manner that the LLC KAELIS can dispose of the sums on the due date. Except special conditions expressly written, the payments must be carried out by CB or PayPal with the order - check - or by transfer. the SARL KAELIS reserves the right to request a bank check from the buyer in the event that the sums involved are significant. A photocopy of the identity card (or an extract of Kbis) can be asked for any order of an amount higher than 150 € including all taxes in the case where the payment is carried out by check, except particular conditions expressly written.
All payments must be made in the name of the corporation the LLC KAELIS. Payments made before delivery or invoicing are considered as a deposit to be applied to the final price. In the case of staggered payments, whether or not they are made in the form of bills of exchange, the non-payment of a single instalment will render the entire outstanding balance immediately payable, without the need for a formal notice and without prejudice to any other rights. In the event of non-observance of the conditions of payment envisaged on the purchase order, the SARL KAELIS can always, eight (8) days after a formal notice resulting from the sending of a registered letter, consider the sale as resolved purely and simply without the need for any judicial formalities. In this case, and if the SARL KAELIS notifies the buyer that it is exercising this option, the sale will be considered as if it had never existed.
The payments already made will then remain acquired by the company SARL KAELIS, as damages, without prejudice to the SARL KAELIS any other action for compensation for the damage suffered. The SARL KAELIS always reserves the right to take for any order, the financial guarantees which will seem appropriate to him. In the event of non-payment of our invoices on the agreed due dates, the sums will be increased by a penalty clause fixed at 20% of the principal amount, as well as late payment interest (1.5 times the legal interest rate).
In addition, all outstanding sums due and not yet due become immediately payable, without the need to issue a formal notice. The payment of the invoices of the company the limited liability company KAELIS will not be able to be suspended for a defect of operation of the material or for anomalies resulting from a defect of use of the material provided by the SARL KAELIS. All the expenses of unpaid, following a banking rejection of a payment of the purchaser, will remain with the financial load of this last, like the expenses of recovery of this one. In addition, the company the limited liability company KAELIS reserves the right to refuse any order from a buyer with whom there is a dispute or a serious doubt. The company SARL KAELIS also reserves the right to cancel any order without having to justify the reason and for its own reasons. Any order implies acceptance of the prices and descriptions of the products available for sale.

11. ATTRIBUTION OF JURISDICTION

The present general conditions of sale are governed by French law. For all disputes relating to this contract between SARL KAELIS and the buyer, the commercial court of Evry will be only competent.

12. MEMBER AREA

a) Creation of the member area

The creation of a member space is a prerequisite for any order of an Internet user on this site. To this end, the member will be asked to provide a certain amount of personal information. The member commits himself providing exact information under penalty of resolution of the contract at the initiative of the editor and of suppression of the customer account.

Certain information will be deemed essential to the conclusion of the contract and their collection will be indispensable for the creation of the personal space and the validation of the conclusion of the contract. The refusal by a member to provide the said information will have the effect of preventing the creation of the member area as well as, incidentally, the validation of the order.

b) Operation

This space allows the customer or member to consult all his orders made on the site and to follow the delivery of the purchased goods.

If the data contained in the personal space section were to disappear following a fortuitous event, a technical breakdown or a case of force majeure, the responsibility of the publisher of this site could not be engaged, this information having no probative value but only an informative character. The editor undertakes however to keep in a secure way all the contractual elements whose conservation is required by the law or the regulation in force.

The editor reserves the exclusive right to delete the account of any member who would have contravened the present general conditions (in particular but without this example having any exhaustive character, when the member will have knowingly provided erroneous information, at the time of his registration and of the constitution of his personal space) or any inactive account since at least one year. The said deletion will not be likely to constitute a damage for the excluded member who will not be able to claim any compensation of this fact.

This exclusion is not exclusive of the possibility, for the editor, to undertake legal proceedings against the member, when the facts will have justified it.

c) Password

When creating the member area, the user is invited to choose a password. This password guarantees the confidentiality of the information contained in the "my account" section and the member is therefore prohibited from transmitting or communicating it to a third party. Otherwise, the site cannot be held responsible for unauthorized access to the member's account.

13. MEMBER CONTRIBUTIONS

Members are offered the opportunity to contribute to the content of this site by posting testimonials about products offered for sale by the publisher and customer service of this site.

Contributions must be made in French and will be subject to validation by the editor or his team of moderators.

14. NEWSLETTERS

The member, having subscribed to the newsletter, will be able to unsubscribe at any time by clicking on the link provided for this purpose, present on each newsletter issued by the company KAELIS. Otherwise, the member has the possibility to unsubscribe on the "My Account" space

15. DATA PROCESSING AND FREEDOMS

In application of the data-processing law and freedoms of January 6, 1978 the purchaser has a right of access and of correction to the data relating to it and preserved by the limited liability company KAELIS.

a) General - Purpose - Duration

Internet users are free to provide personal information about themselves. The provision of personal information is not essential for navigation on the site. On the other hand, the registration on the present site supposes the collection, by the editor, of a certain number of personal information concerning the Internet users. Internet users who do not wish to provide the information necessary for the creation of a member area will not be able to place an order on the present site.

The data collected are necessary for the proper administration of the services offered on this site as well as for the respect of its contractual obligations by the publisher. These data are kept by the editor in this unique capacity, and the editor commits himself not to use them in another framework, nor to transmit them to third parties, except with the express agreement of the users or in cases provided for by the law.

The details of all users registered on this site are saved for a period of (1) one year, a reasonable period necessary for the proper administration of the site and normal use of the data. This data is kept in secure conditions, according to current technical means, in compliance with the provisions of the French Data Protection Act of 6 January 1978.

b) Right of access, rectification and opposition

In accordance with the Data Protection Act, Internet users have the right to oppose, question, access and rectify the data they have provided. To do so, they just have to make a request to the editor of the present site, by sending it to the following e-mail address: confidentialite@shop-kaelis.fr, or by mail to the address of the editor's head office mentioned at the top of the present general conditions.

The personal data collected are subject to computer processing and are exclusively reserved for the site editor. The personal data collected are not transferred abroad.

c) IP address

In addition, the editor reserves the right to collect the public IP (Internet Protocol) address of all Internet users. The collection of this IP address will be carried out in an anonymous way, it will be preserved for the same duration as the personal information and will be intended only to allow a good administration of the services proposed on this site. The IP address corresponds to a series of numbers separated by dots allowing the unique identification of a computer on the Internet network.

The editor will have to communicate all the personal data relating to an Internet user to the Police (on judicial requisition) or to any person (on order of the judge). The IP address of your computer may be matched with the actual identity of the subscriber held by the ISP (Internet Service Provider).

16. INFORMATION ON THE COLLECTION OF "COOKIES

a) General ' Purpose ' Duration

In order to allow all Internet users an optimal navigation on the present site as well as a better functioning of the various interfaces and applications, the editor may proceed to the implantation of a cookie on the user's computer. This cookie makes it possible to store information relating to navigation on the site (date, page, time), as well as any data entered by Internet users during their visit (searches, login, email, password). These cookies are intended to be stored on the computer of the Internet user for a variable period of up to (1) one year, and may be read and used by the publisher during a subsequent visit by the Internet user to this site.

b) Right to object to the installation of the cookie

The user has the possibility to block, modify the duration of conservation, or delete this cookie via the interface of his browser (generally: tools or options / private life or confidentiality). In such a case, navigation on this site will not be optimized. If the systematic deactivation of cookies on the Internet user's browser prevents him/her from using certain services or functionalities provided by the editor, this malfunctioning will not in any case constitute a damage for the member who will not be able to claim any indemnity as a result.

c) Deleting cookies

Internet users can also delete the cookies previously present on their computer, by going to the menu of their browser provided for this purpose (generally, tools or options / privacy or confidentiality). Such action does not affect their navigation on this site, but users lose all the benefits provided by the cookie. In this case, they will have to re-enter all their information.

17. EXEMPTION OF THE COMPANY'S LIABILITY KAELIS IN THE PERFORMANCE OF THIS CONTRACT

In the event of impossibility of access to the site, because of technical problems or of any nature, the customer will not be able to prevail himself of a damage and will not be able to claim with any compensation.

The unavailability, even prolonged and without any limitative duration, of one or more products, cannot be constitutive of a prejudice for the Internet users and cannot in any way give rise to the granting of damages on behalf of the site or its editor.

The hypertext links present on the present site can refer to other Internet sites and the responsibility of the editor of the present site could not be committed if the contents of these sites contravene the legislations in force. Likewise, the responsibility of the editor of the present site cannot be engaged if the visit, by the Internet user, of one of these sites, would cause him a prejudice.

18. CHANGES TO THE GENERAL CONDITIONS

The present general conditions can be modified at any time by the editor of the site or his agent. The general conditions applicable to the user are those in force on the day of his order or his connection to the present site. The editor undertakes of course to keep all his former general conditions and to send them to any user who would request them.

19. AMICABLE SETTLEMENT OF DISPUTES

Except for provisions of public order, all disputes which could arise within the framework of the execution of the present general conditions will be able to be subjected before any legal action to the appreciation of the editor of the site with a view to a friendly settlement. It is expressly recalled that requests for amicable settlement do not suspend the time limits for taking legal action.

20. NULLITY

If one of the clauses of the present general terms and conditions is declared null and void by a court decision, this nullity shall not entail the nullity of all the other clauses, which shall continue to have effect.

21. NON-WAIVER

The fact that the publisher does not avail itself temporarily or permanently of one or more clauses of these general conditions shall not in any way imply a waiver of the rest of the general conditions.