Preamble :
The contract between SARL KAELIS and the Customer will be governed by the following terms and conditions of sale.
These general terms and conditions, to which the customer has free access, form an integral part of the contract and are therefore enforceable against the customer.
Subject:
The purpose of this contract is the sale of goods conforming to the Customer's requirements and offered by SARL KAELIS at https://www.shop-kaelis.fr/en/.
1. GENERAL APPLICATION CLAUSE
Our sales are subject to the present terms and conditions, which prevail over any other stipulation made by the purchaser. The mere fact of placing an order or accepting an offer from SARL KAELIS implies unreserved acceptance of these terms and conditions of sale. In the absence of express acceptance, any condition imposed by the purchaser will be unenforceable against SARL KAELIS. These terms and conditions may be modified at any time without notice by SARL KAELIS.
In accordance with the law of March 13, 2000 on electronic signatures, any order form signed by the customer by "double click" constitutes an irrevocable acceptance which can only be called into question in the cases restrictively provided for in the present general conditions of sale, such as "right of withdrawal" and "out-of-stock condition".
The "double click" associated with the authentication, non-repudiation and message integrity protection procedure constitutes an electronic signature. This electronic signature has the same value as a handwritten signature between the parties. The present general terms and conditions of sale come into force on the date of electronic validation by double-clicking of the order form by the customer. These terms and conditions are concluded for the duration necessary for the supply of the goods.
The customer will be deemed to have read and accepted the conditions of sale by ticking the appropriate box. No order will be registered unless the customer has first ticked the box corresponding to acceptance of the present conditions of sale.
The present contract is made up of the following contractual documents: These general terms and conditions of sale and the order form.
The computerized registers, kept in the computer systems of SARL KAELIS in reasonable conditions of security, will be considered as proof of communications, orders and payments between the parties.
Purchase orders and invoices will be archived on a reliable and durable medium that can be legally produced as proof.
2. ORDERS
All orders can be placed via the website. Orders are effective upon receipt of payment (PayPal, credit card or cheque...). The photos and graphics in the catalogs are indicative only and are not binding on SARL KAELIS. However, in the event that a supplier modifies a product, SARL cannot be held responsible for its graphic representation KAELIS nor affect the validity of the sale. Offers are only valid while stocks last.
The sale will not be considered final until confirmation of the order has been sent to the customer and cashed by SARL KAELIS of the full price.
Orders paid by cheque or bank transfer will only be processed on receipt of payment. Availability and dispatch times will be recalculated from the date of registration of this method of payment.
It is the customer's responsibility to check that the delivery address information provided to SARL is correct KAELIS.
The products offered comply with current French legislation and 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, inclusive of tax and postage for metropolitan France. These prices may be modified at any time by the publisher. The prices displayed are valid only on the day the order is placed and have no effect for the future.
Orders for special services and products not included in SARL's price list are subject to the following conditions KAELIS will be invoiced at the price stipulated on the commercial proposal.
4. DELIVERY
We send our parcels by La Poste colissimo without signature and pick up, Lettre Suivie or DPD. La Poste undertakes to deliver within 48 hours.
We offer free shipping in mainland France for all orders over €149, with a limit of one order per week. We do not offer international shipping.
Delivery charges, which vary according to the delivery method and the destination of the products, will in any event be indicated to the customer before any payment is made, and concern only deliveries to countries listed by the publisher's systems. For all other delivery locations, it is the customer's responsibility to contact customer service.
Deliveries outside the European Union are exempt from VAT. However, in the case of deliveries outside the European Union and French overseas departments and territories, the customer is informed that customs duties and other taxes may be payable. The necessary formalities and payment of such duties and taxes are not the responsibility of the publisher, and will in any event be borne by the customer. It is therefore the customer's responsibility to check all this information, as well as the possibility of importing the product, with the competent authorities of the country of delivery, before placing any order.
In the event of delay, the liability of the company KAELIS the buyer may not claim compensation or penalties for late delivery. Similarly, in the event of force majeure, such as natural disasters or strikes, we may be obliged to cancel all or part of the delivery of an order, without being entitled to claim compensation or damages. The SARL KAELIS is authorized to make partial deliveries. Partial deliveries accepted by the purchaser are invoiced immediately upon delivery.
In the case of payment by cheque, the order will only become effective on receipt of the cheque.
Equipment delivered directly to the recipient's home by the carrier travels at the recipient's risk, and in the event of delay or damage, the recipient must take recourse against the carrier. It is therefore the responsibility of the recipient to make the usual reservations on receipt of the equipment if he/she notices any damage to the equipment transported; said reservations and complaints must be noted on the delivery note for your package. A copy will immediately be sent to SARL KAELIS.
If the products delivered do not conform in kind or quality to the specifications indicated on the delivery note or invoice, the purchaser must, on pain of forfeiture, make his complaints within twenty-four (24) hours of 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 event of loss of a parcel in transit, investigation times may vary from one carrier to another, and may take from one to three weeks. In the event of an error in the delivery address or a need for re-shipment, shipping costs will be charged to the purchaser. The company SARL KAELIS reserves the right to refuse to replace a product damaged in transit if the purchaser has not made adequate, detailed and substantiated reservations with the carrier at the time of delivery.
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 SARL KAELIS (means of payment received and order verification procedure completed).
5. WITHDRAWAL
In accordance with Article L121-16 of the French Consumer Code, the buyer has a right of withdrawal within fourteen (14) days of delivery. Any return of merchandise requires prior contact with the seller in order to proceed with a rapid exchange. The product must be returned to SARL KAELIS, zA La Valdonne, 13124 PEYPIN, FRANCE. The products must not have been used or damaged 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 taken back. Any product that has been damaged will not be reimbursed or exchanged. Delivery and return costs are at the buyer's expense. In the event of non-conformity of a returned product, the buyer will be liable for the cost of reshipment.
The SARL KAELIS has a refund period of 30 working days from receipt of the returned products.
For any additional transaction on an order (retraction, refund, product return, additional part...), you may be charged a handling fee of €2.50 per transaction.
6. RETENTION OF TITLE CLAUSE
Notwithstanding the provisions of article 1583 of the French Civil Code, the SARL KAELIS remains the owner of the goods delivered until full payment of the price due, by virtue of the present contract, notwithstanding the transfer of the risks of the goods to the purchaser. The purchaser 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 event of receivership proceedings affecting the company, the purchaser undertakes to take an active part in drawing up an inventory of the goods in its stock, of which SARL KAELIS claims ownership. Failing this, the SARL KAELIS has the right to have the inventory recorded by a bailiff at the buyer's expense.
7. RESPONSIBILITY OF THE PARTIES
Pecuniary liability of the company the SARL KAELIS whatever the basis of the legal action taken will be limited to the restitution of the sums paid to it by the purchaser. The SARL KAELIS accepts no contractual liability for direct or indirect damage suffered by the purchaser or third parties as a result of misuse of the equipment 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.
In this respect, and in accordance with the provisions of the French Intellectual Property Code, only use for private purposes is authorized, subject to different or even more restrictive provisions of the French Intellectual Property Code. Any other use constitutes an infringement and is punishable under intellectual property law without the prior written authorization of SARL KAELIS
Any total or partial reproduction of the site and the products of the SARL KAELIS is strictly forbidden.
9. GUARANTEE
Products sold on the site are guaranteed only for manufacturer's defects or hidden faults, for a period of two months. We guarantee parts only, not labor.
On the other hand, the guarantee is excluded for any deterioration resulting from wear and tear or from causes unrelated to the intrinsic qualities of the goods, such as those resulting from abnormal use (load, excessive humidity or heating, etc.) or from the buyer's fault (transport, handling, assembly, when these have been carried out by the buyer or a third party, etc.). They can therefore be neither returned nor exchanged.
We cannot guarantee gearbox components on engines sold complete.
Products containing electrical or electronic parts cannot be exchanged or refunded. The SARL KAELIS cannot be held responsible for any assembly errors that may cause damage to the part.
Electric motorcycles sold on the site are covered by a manufacturer's warranty as follows:
- 3 months for the engine
- 6 months for the battery
- 2 years for the cycle part
In all cases, the SARL KAELIS shall not be held liable for failure to comply with the laws and regulations in force in the country of receipt KAELIS is systematically limited to the value of the product in question, value at its date of sale and this without possibility of recourse against the brand 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 all cases, the customer benefits from the legal guarantee of eviction and hidden defects (Art.1625 et seq. of the French Civil Code). Provided the buyer can prove the hidden defect, the seller is legally bound to repair all the consequences (art.1641 et seq. of the French 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 French Civil Code).
10. TERMS OF PAYMENT
Payments must be made in such a way that the SARL KAELIS can dispose of the sums on the due date. Unless special conditions have been expressly written, payments must be made by credit card or PayPal when the order is placed - by cheque - or by bank transfer. the SARL KAELIS reserves the right to request a cashier's cheque from the purchaser in the event of significant amounts being involved. A photocopy of the identity card (or an extract from the Kbis) may be requested for any order of more than €150 including VAT if payment is made by cheque, unless special conditions are expressly written.
All payments must be made in the name of the company the SARL KAELIS. Payments made prior to delivery or invoicing are considered as a deposit on the final price. In the case of staggered payments, whether or not evidenced by bills of exchange, non-payment of a single instalment will render the entire outstanding balance immediately payable, without the need for formal notice and without prejudice to any other rights. In the event of non-compliance with the terms of payment stipulated on the order form, SARL KAELIS may always, eight (8) days after formal notice is given by registered letter, consider the sale as cancelled without the need for any legal formalities. In this case, and if SARL KAELIS notifies the buyer that it is exercising this option, the sale will be considered as if it had never existed.
Any payments already made will be forfeited to SARL KAELIS, for damages and interest, without prejudice to SARL KAELIS any other action for damages. The SARL KAELIS reserves the right to take any financial guarantees it deems appropriate for any order. 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 and unpaid sums become immediately due and payable, without the need for formal notice. Payment of invoices issued by the company la SARL KAELIS can in no case be suspended for a malfunction of the equipment or for anomalies resulting from a failure to use the equipment supplied by SARL KAELIS. All unpaid fees, following a bank rejection of a payment by the buyer, will remain the financial responsibility of the latter, as well as the costs of collection. Furthermore, the company SARL KAELIS reserves the right to refuse any order from a buyer with whom there is a dispute or serious doubt. The company SARL KAELIS also reserves the right to cancel any order without having to justify the reason and for reasons of its own. Any order implies acceptance of the prices and descriptions of the products available for sale.
11. ATTRIBUTION OF JURISDICTION
These terms and conditions of sale are governed by French law. For all disputes relating to this contract between SARL KAELIS and the purchaser, the Evry Commercial Court shall have sole jurisdiction.
12. MEMBER AREA
a) Creating a member area
The creation of a member area is a prerequisite for any order placed by an Internet user on the present site. To this end, the member will be asked to provide a certain amount of personal information. The member undertakes to provide accurate information, failing which the contract may be terminated at the initiative of the publisher and the customer account deleted.
Certain information will be deemed essential for the conclusion of the contract, and its collection will be indispensable for the creation of the personal space and the validation of the conclusion of the contract. A member's refusal to provide such information will prevent the creation of the member space and, incidentally, the validation of the order.
b) Operation
This space enables the customer or member to consult all orders placed on the site and to track the delivery of goods purchased.
Should the data contained in the personal space section disappear as a result of a fortuitous event, technical breakdown or force majeure, the publisher of the present site cannot be held liable, as this information has no probative value but is for information purposes only. However, the publisher undertakes to keep securely all contractual elements whose retention is required by the law or regulations in force.
The editor reserves the exclusive right to delete the account of any member who has contravened the present terms and conditions (in particular, but without this example being exhaustive, where the member has knowingly provided incorrect information when registering and setting up his personal space) or any account which has been inactive for at least one year. Such deletion shall not constitute a loss for the excluded member, who shall not be entitled to claim any compensation as a result.
This exclusion is not exclusive of the possibility for the publisher to take legal action against the member, when the facts justify it.
c) Password
When creating the member area, the user is asked 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. Failing this, 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 the present site by publishing testimonials on products offered for sale by the publisher and the customer service department of the present site.
Contributions must be made in French and will be subject to validation by the editor or his team of moderators.
14. NEWSLETTERS
Members who have subscribed to the newsletter may unsubscribe at any time by clicking on the link provided for this purpose on each newsletter issued by the company KAELIS. Failing this, the member has the option of unsubscribing in the "My Account" area
15. INFORMATION TECHNOLOGY AND CIVIL LIBERTIES
In accordance with the French Data Protection Act of January 6, 1978, the buyer has the right to access and rectify data concerning him/her and held by SARL KAELIS.
a) General - Purpose - Duration
Internet users are free to provide personal information about themselves. Providing personal information is not essential for browsing the site. On the other hand, registration on the present site implies the collection, by the editor, of a certain amount of personal information concerning Internet users. Internet users who do not wish to provide the information required to create a member area will not be able to place orders on the present site.
The data collected is necessary for the proper administration of the services offered on the present site and for the fulfillment of the publisher's contractual obligations. This data is kept by the publisher in this sole capacity, and the publisher undertakes not to use it in any other context, nor to pass it on to third parties, except with the express agreement of users or in cases provided for by law.
The contact details of all users registered on the present 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 stored under secure conditions, using current technical means, in compliance with the provisions of the French Data Protection Act of January 6, 1978.
b) Right of access, rectification and opposition
In accordance with the French Data Protection Act, Internet users have the right to oppose, question, access and rectify the data they have provided. To do so, all they have to do is send a request to the editor of the present site, by e-mail to the following address: confidentialite@shop-kaelis.fr, or by post to the address of the editor's head office mentioned at the head of these general conditions.
The personal data collected is subject to computer processing and is reserved exclusively for the site editor. The personal data collected will not be transferred abroad.
c) IP address
In addition, the editor reserves the right to collect the public IP (Internet Protocol) address of all Internet users. This IP address will be collected anonymously, will be kept for the same length of time as personal information and will only be used to enable proper administration of the services offered on this site. An IP address is a series of digits separated by dots that uniquely identifies a computer on the Internet.
The publisher must disclose all personal data relating to an Internet user to the police (upon judicial requisition) or to any other person (upon court order). 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 enable all Internet users to optimize their browsing on the present site, and to improve the operation of the various interfaces and applications, the publisher may install a cookie on the user's computer. This cookie stores information relating to site navigation (date, page, time), as well as any data entered by users during their visit (searches, login, email, password). These cookies are intended to be stored on the user's computer for a variable period of up to (1) one year, and may be read and used by the publisher when the user subsequently visits the present site.
b) Right to object to cookie installation
Users can block, modify the retention period, or delete this cookie via their browser interface (generally: tools or options / privacy or confidentiality). In this case, navigation on the present 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 malfunction shall in no way constitute damage for the member, who shall not be entitled to claim any compensation as a result.
c) Deleting cookies
Internet users can also delete any cookies already present on their computer, by going to the appropriate menu in their browser (generally, Tools or Options / Privacy or Confidentiality). Such action has no effect on their browsing on the present site, but causes users to lose all the benefits provided by the cookie. In this case, they will have to re-enter all their personal information.
17. EXEMPTION FROM CORPORATE LIABILITY KAELIS IN THE PERFORMANCE OF THE PRESENT CONTRACT
In the event of impossibility of access to the site, due to technical problems or of any other nature, the customer will not be entitled to claim any damages or compensation.
The unavailability of one or more products, even for a prolonged period and without any time limit, cannot constitute a prejudice for Internet users and cannot in any way give rise to the awarding of damages by the site or its publisher.
The hypertext links present on the present site may lead to other Internet sites, and the publisher of the present site cannot be held responsible if the content of these sites contravenes current legislation. Likewise, the publisher of the present site cannot be held liable if the user's visit to one of these sites causes prejudice.
18. CHANGES TO GENERAL TERMS AND CONDITIONS
These terms and conditions may be modified at any time by the site editor or its representative. The general terms and conditions applicable to the user are those in force on the day of his/her order or connection to the present site. The publisher undertakes, of course, to keep all its previous general terms and conditions and to send them to any user who requests them.
19. AMICABLE SETTLEMENT OF DISPUTES
Except in the case of public policy provisions, any disputes that may arise in connection with the execution of the present general terms and conditions may, prior to any legal action, be submitted to the site editor for amicable settlement. It is expressly reminded that requests for amicable settlement do not suspend the time limits for bringing legal action.
20. NULLITY
Should any clause of these terms and conditions be declared null and void by a court decision, such nullity shall not entail the nullity of all other clauses, which shall continue to have effect.
21. NON-WAIVER
The Publisher's temporary or permanent refusal to invoke one or more clauses of these General Terms and Conditions shall in no way imply a waiver of its right to invoke the remainder of the General Terms and Conditions.
