GENERAL CONDITIONS OF SALE
The company KEUS, SAS registered in the commercial register and companies of Angers under number 88461133600014, having its registered office at 36 boulevard de l'industrie - 49000 ANGERS (hereinafter, "KEUS" or "the Company"), publishes an e-commerce website called KEUS STORE ( hereinafter "the Site") accessible at the following address: https://www.keus-store.com/fr/
The purpose of this Site is to allow Internet users, professionals and consumers, to buy high-end backpacks online from several brands, selected by the Company and classified on the Site into several sub-categories: Backpacks for travel; Backpacks for work; Backpacks for the bike; Backpacks for photography.
The Site also offers a number of additional accessories such as wallets, fanny packs and computer cases. All of the backpacks and accessories available on the Site are hereinafter referred to as the “Product(s)”.
The Site also provides access to an online store (the "Customer Account") for ordering and paying for the Products offered for sale by the Company. The list and precise description of the Products offered by the Company can be consulted at any time on the Site.
These General Conditions of Sale express the entire agreement of the Parties and cancel and replace any prior agreement, letter, offer or other written or oral document having the same subject. They may be supplemented, where appropriate, by special conditions of use, which supplement these General Conditions and, in the event of contradiction, prevail over them. The Customer declares that he has also obtained all the necessary information regarding the use of the online sales space and the quantitative and qualitative characteristics of the Products offered for sale on the Site.
ARTICLE 1: Definitions
Customers: refers to the contracting party of the Company. By default, the Site Customer is considered a Consumer Customer. However, in some cases, it may be considered that the Customer is a professional on the condition that he has duly reported this to KEUS. The definition of this status will expressly commit him to the Company for any order of Product(s) that he will subsequently place on the Site.
As a reminder:
Consumer Customer: in this context, the Consumer Customer undertakes, with the Company, when creating his Account on KEUS-STORE, to have the quality of consumer as defined by French law and case law. As such, it is expressly admitted that this Customer acts on the Site and when placing an order(s) outside of any professional or commercial activity.
Professional Customer: if he acts and uses the Site as a professional, the Professional Customer must have a SIRET number and/or a registration number in the Trades Directory ( RM) which will be requested when creating the Account on KEUS-STORE. It is expressly specified that the Professional Client only acting for purposes that fall within the scope of his professional activity, no right of withdrawal exists for the benefit of the Professional Client.
General Conditions: Means this document entitled “KEUS General Conditions of Sale”; Account or KEUS Account: Refers to the module set up by the Company, accessible online at the address https://www.keus-store.com/connection and allowing the user to have access to general management information account and also to select and order a certain number of Products available on the Site.
Product Sheet/Sheet: Refers to the presentation sheet of a Product offered for sale online on the Site.
Livechat: Functionality present on the Site and allowing the User to contact and chat directly with a member of the Company's team. The Livechat is accessible 7 days a week between 9:00 a.m. and 7:00 p.m. KEUS will not be held to any obligation concerning possible response times in the context of the use of this functionality.
Basket: Refers to the summary page of the Products chosen by the Customer as they browse the Site with a view to placing a possible order.
Product: Refers to the part(s) available for order on the KEUS Site. The following Products are posted on the site: Backpacks; Accessories such as wallets, fanny packs or computer cases.
Promotion(s)/Outlet: designates the page of the Site on which the Company inserts the Products of the moment benefiting from a commercial discount.
Site: Refers to the website set up by the Company, accessible online at the address https://www.keus-store.com/fr/. The Site includes the technical and software infrastructure as well as the content, in particular the texts, sounds, fixed or animated images, videos and databases, logos, hypertext links, tree structure and layout, tabs and navigation menu, etc.
User: Means either the Customer (Consumer or Professional) placing an order on the Site via the Account or the simple visitor browsing the KEUS Site, this browsing must comply with these General Conditions.
ARTICLE 2: Purpose/Description of services offered via the KEUS Site
2.1 Site Purpose
The Site allows Users to use and browse the said Site, to make requests for information and to place an order for Products via their Account.
2.2 Status and obligations of the Company
As a preliminary, it is specified that all the Products offered for sale on the Site are dispatched subject to their availability. In fact, the presentation of Products on the Site at a given time does not imply or guarantee that these Products will be available at all times. The Company indeed reserves the right to interrupt the sale of any Product at any time. Once finalized, the User's order constitutes acceptance of the Company's offer, which means that the User confirms that he wishes to acquire the Products as described on the Site and on the Sheet, that he accepts the price offered and that he acknowledges that the placing of this order implies a payment obligation on his part. Consequently, when the User confirms his order, he agrees to be bound to the Company by a sales contract, subject to the availability of the Products and the validation of his payment under the conditions provided below. This sales contract is formalized through the unreserved acceptance of these General Conditions. In the event that the Site is used by Consumer Customers, the latter act as consumers as understood within the meaning of the French Consumer Code. Purchases made from the Site in this case are intended for personal use and must not be resold, used in a commercial context, or used for the purpose of making a commercial profit. The Company reserves the right to refuse orders for multiple quantities of the same Product from a single Consumer Customer or intended for a single postal address.
ARTICLE 3: Acceptance of the KEUS General Conditions
These Conditions General are intended to define the terms and conditions under which the User is authorized to use the Site as well as the terms of access and operation of the services offered by the Company on the Site. They prevail over any other document that could have been communicated to the Company. All Users hereby acknowledge that the services offered by the Company via the Site are intended to evolve and be modified. Access to and use of the Site implies full acceptance of these General Conditions. Any User of the Site acknowledges that he is fully informed and that he is bound by all the provisions of these General Conditions. Any condition or clause contrary to the General Conditions opposed by the User will therefore, in the absence of express and written acceptance by the Company, be unenforceable against it. The Company reserves the right, at its sole discretion, at any time and without notice, to modify the Site, the services, the Products or to modify these General Conditions, including the financial conditions. It is specified that the applicable General Conditions are those in force during each navigation or each order on the Site.Therefore, in the event of modification, the General Conditions of Sale in force on the day the Order is placed will be applicable. Anyone can use the services offered via the Site provided they are a natural person and of legal age and have the legal capacity to contract. In addition, the Company reminds all Users that they must have an e-mail address in working order. In the absence of a valid e-mail address, the Company will be unable to meet its obligations and can in no way be held responsible for this non-performance. Specifically, it will not be able to respond to any request made during the contact form and will be unable to process any order placed on the Account. Finally, the Company reminds that any order placed via the Account will only be definitively validated once these General Conditions have been read and accepted by the User. The User thus acknowledges that he is fully informed and that he is bound by all the constituent provisions of these General Conditions. The acceptance of these General Conditions in the form of a "checkbox" at the time of the creation of the Account and/or the placing of the order constitutes proof that the User has read the said provisions and constitutes acceptance of these . These General Conditions are enforceable throughout the duration of use of the Site as well as during the ordering phase of a Product on the Site until the receipt of said Product. Similarly, these General Conditions are only available in French and English. They are applicable to all orders delivered within the European Union. Any use of the Site by the User after any changes to the General Conditions implies acceptance by the latter of the new General Conditions. The General Conditions appearing online on the Site prevail over any printed version of an earlier date. The User may at any time renounce using the Site but remains responsible for any previous use.The fact that the Company does not avail itself, at a given time, of a provision of these General Conditions, cannot be interpreted as a waiver to subsequently assert this same provision.
ARTICLE 4: Access, security and continuity of the KEUS Site
4.1 Site Access
The Site is accessible to Users via the Internet from a fixed or mobile terminal with an Internet browser. Access to the Site and navigation are free. The order of a Product on the Site (via the Customer Account) is chargeable.
4.2 Site Availability
The Site is accessible 24 hours a day, 7 days a week. Due to the nature and complexity of the Internet network, and in particular, its technical performance and response times to consult, query or transfer information data, the Company implements all reasonable means at its disposal, in accordance with the rules of the art, to allow access and use of the Site and services offered but is under no obligation to do so. Therefore, with regard to the hazards related to the very nature of the Internet network, the Company does not guarantee that the Site operates without interruption and that the servers which give access to it and/or the third-party sites for which hypertext links appear do not contain no viruses. The Company cannot be held responsible in the event that one or more Users are unable to connect to the Site due to any technical defect or any problem. The Company specifically reserves the right, without notice or compensation, to temporarily close the Site as well as access to one or more services included therein, in particular to carry out maintenance operations, updates, modifications or changes. on the operational methods or even a restriction of the hours of accessibility of the Site without this list being exhaustive.In the event of temporary or prolonged unavailability of the Site, in particular in the event of the occurrence of "bugs", the Company cannot be held liable for damages incurred, other than those resulting directly from the non-performance of its obligations listed herein. . The Company cannot be held responsible for the proper functioning of the User's computer equipment as well as his access to the Internet. For optimal operation of the Site, the Company recommends that each User use computer equipment with the following minimum configuration: Chrome in its most recent version Safari in its most recent version Firefox in its most recent version iOS in its the most recent Android in its most recent version The User acknowledges that access to and use of the Site and may be made impossible due to the absence of this minimum configuration on his computer equipment. The User acknowledges having verified that the computer configuration at his disposal is adequate, does not contain any virus and that it is in good working order. The equipment (computer, mobile phone, software, means of telecommunications, etc.) allowing access to the Site are the sole responsibility of the User, as are the telecommunications costs incurred by their use. In addition, the Company reserves the right to supplement or modify, at any time, the Site and the services available therein according to the evolution of technologies. It is up to the User to ensure the possibilities of evolution of the computer and transmission means at his disposal so that these means can adapt to the evolutions of the Site. Compliance with the rules of use The User is able to take advantage of the features offered by the Site.In general, the User is prohibited, within the framework of the use of the Site and in particular of the Livechat, from engaging in acts, of any nature whatsoever, such as the writing, publication and posting, issuing, transmitting and disseminating data and/or content that would be contrary to the law, would undermine public order, or the rights of the Company or third parties. In particular, without this list being exhaustive, the User undertakes in the use of the Site, to respect the following rules: Not to use a false identity in order to deceive others and communicate exact information when use of the Site. IT IS REMINDERED IN THIS RESPECT THAT WHEN CREATING THE ACCOUNT, THE USER MUST INDICATE HIS STATUS, EITHER THAT OF PROFESSIONAL CUSTOMER OR THAT OF CONSUMER CUSTOMER. THIS NOTIFICATION WILL CONDITION THE CONTRACTUAL RELATIONSHIP BETWEEN HIM AND THE COMPANY; Comply with the laws in force and respect the rights of third parties, as well as these stipulations of the General Conditions; Use the Site fairly, in accordance with its purpose and in accordance with the legal and regulatory provisions and practices in force; Respect the intellectual property rights relating to the content provided by the Company, as well as the intellectual property rights of third parties such as the creator of the Site or, possibly, the creator(s) of the Products; as a result, each User is prohibited from reproducing and/or communicating to the public, through the Site, one or more contents without the authorization of the holders of the rights relating to these contents, when it is required; Not to divert or attempt to divert any of the functionalities of the Site outside of its normal use as defined in these General Conditions; Do not overload the Site and the Livechat in any way; Not to collect in a massive way and without prior authorization information contained on the Site; Not to use, to navigate on the Site, robot software or any other equivalent automated process or tool; Not to disseminate data, information or content that has the effect of diminishing, disorganizing or preventing normal use of the Site; Not to carry out advertising actions without the prior and explicit agreement of the Company;In the event of a breach by a User of one or more of these rules, the Company reserves the right to suspend and/or unilaterally terminate these General Terms and Conditions and all associated contracts or special conditions and/or to block orders and /or of the User concerned, and/or to block his access to all or part of the Site, without any compensation, according to the methods provided for in article 7 of these General Conditions.
ARTICLE 5: Ordering on the KEUS Website/Conclusion of the online contract
Products present on the Site
The essential characteristics of the Products, services and their prices respective are made available to the User on the KEUS Website via the Product Sheet. The Product Sheet includes a description of the Product and in particular: The capacity (volume) of the Product when the said Product is a backpack; The dimensions and features of the Product; The options available concerning the Product and in particular its color or size; The Price including VAT of the Product The availability of the Product and the delivery costs. The User certifies having read the delivery costs of the Product he wishes to order as well as the terms of payment, delivery and execution of the contract. The Company undertakes to honor the User's order within the limit of available Product stocks only. Failing this, the Company shall inform the User as soon as possible by any relevant means (error message, e-mail sent to the User when ordering, etc.). The unavailability of a Product is in principle indicated on the page of the Product concerned. Users can also be informed of the restocking of a Product by the Company. In the event of the unavailability of a Product, the Company may, at the request of the User: Either offer to ship all the Products at the same time as soon as the Products out of stock are available again, Or carry out a partial shipment of the available Products initially, then shipment of the rest of the order when the other Products are available, subject to clear information concerning the additional transport costs that may be incurred, Or offer an alternative Product of equivalent quality and price, accepted by the Customer. If the Customer decides to cancel his order for unavailable Products, he will obtain a refund of all sums paid for the unavailable Products no later than thirty (30) days after confirmation of payment. In addition, the contractual information concerning the Products is presented in detail and in French. In accordance with French law, they are the subject of a summary and confirmation during the validation of the order. Finally, the Parties agree that the illustrations or photos of the Products offered for sale on the Site have no contractual value. The possible duration of validity of the offer of the Products as well as their prices are specified on the Site. Order process on the Site: To be able to buy a Product, the Consumer Customer must be at least 18 years old. To be able to buy a Product, the Professional Customer must be able to provide, when creating an Account, a certain amount of information relating to his company. The User (Consumer and/or Professional Client) will be asked to provide information allowing him to be identified by completing the form available when creating his Account. In accordance with the provisions of the Civil Code relating to remote identification, the User undertakes to provide his true identification elements.The Company reserves the right to refuse the order, for example, for any abnormal request, made in bad faith or for any reason it deems legitimate. The User can check the status of his order on the Site. Tracking of deliveries can, where appropriate, be carried out using the online tracking tools of certain carriers. The User may also contact the Company's sales department at any time by e-mail at firstname.lastname@example.org to obtain information on the status of their order. The information that the User provides to the company when placing an order must be complete, accurate and up-to-date. The Company reserves the right to ask the User to confirm, by any appropriate means, his identity, his eligibility and the information communicated. As an indication, for certain Products, a pre-order system may be considered. In this case, the delivery dates are estimated. The pre-order system is recalled in the order process and is notably listed in the Products sheet. The User must follow a series of steps specific to each Product offered by the Company in order to be able to place and finalize their order. As such, the steps described below are systematic: Information of the User on the Site and during the order concerning the essential characteristics of the Product; The User chooses the Product, its possible options and determines its quantity, places it in the Basket, and provides the essential data to place the order for said Product (identification, address, etc.);Once the Products have been selected and placed in their Basket, the User must click on the Basket and check that the content of their order is correct. If the User has not yet done so, he will then be asked to identify himself or register. Once the User has validated the contents of the Basket and has identified/registered, an automatically completed online form will be displayed to them summarizing the price, applicable taxes and, where applicable, costs. Delivery. The User is invited to check the content of his order (including the quantity, characteristics and references of the Products ordered). The User then clicks on the "Order" button to initiate the process of validating his order. At the same time, the User accepts these KEUS General Terms and Conditions as well as the withdrawal conditions set out therein (valid only for Consumer Customers, in accordance with the legislation in force). The User chooses his payment options (PAYPAL, TRANSFER, payment by credit card, payment in installments and check – checks are only valid for Professional Customers). The User completes his delivery address and his billing address if it is different from the delivery address. The User then clicks on the "Continue" button to initiate the process of purchasing the Product(s) appearing in his Basket. The User chooses in parallel the delivery methods of the Products. The User follows the instructions for the payment of the Products and is sent to a secure payment module, except in the case of payment by bank transfer where the User will receive the bank details of KEUS. Still in the context of the transfer, it is only upon actual receipt of said transfer by KEUS that the Order is validated by the Company. The placing of the order constitutes a sales contract between the Company and the User, subject to the availability of the Products ordered and the validity of the means of payment used.It is specified that neither the order that the User establishes online, nor the acknowledgment of receipt of the order that the Company sends to the User by e-mail and/or on his Account constitutes an invoice. Whatever the method of order or payment used, the Customer will receive the original invoice on his Account after validation of the payment. Once the process described above has been finalized, the User will receive confirmation exclusively by e-mail of payment for the order, as well as an acknowledgment of receipt of the order confirming it. For the Products delivered, this delivery will be made to the address indicated by the User knowing that this address must be located within the European Union. It is up to the User to keep copies of the documents concerning his order (the confirmation email, the Delivery Email, the General Conditions, and any other useful document). Furthermore, if the amount of the order exceeds 120 euros including tax, the Company will keep a copy of the order in its files, for the period provided for by law. During this period, the User may request a copy of his order at any time. In this case, the Company reserves the right to invoice the User for the costs relating to the recovery and sending of the requested document. Retention of title to the Products The Products present on the Site and ordered by the User remain the property of the Company until full payment of the price by the User who has placed the order.
Product Price Display/Delivery
The Company may offer , at the time of placing the order, different delivery methods depending in particular on the size of the Product and the Customer's delivery address. The conditions, costs and delivery times differ depending on the delivery method selected by the Customer. The Customer will be informed, at the time of placing his order, of the delivery method(s) available as well as the applicable time(s) and prices. Traditionally, the Company works with 4 different carriers: Chronopost Colissimo DHL Mondial Relay. The Customer is informed that the delivery of certain Products and/or in certain geographical areas is likely to generate additional invoicing. In such cases, this information is clearly indicated on the Product information page or on the Site. The total amount of the delivery costs of the order is indicated when placing the order. All prices indicated on the Site include value added tax at the legal rate in effect on the date of invoicing. The prices indicated on the Site are in euros. The delivery costs policy is linked to the volume of the Products ordered as well as to their type. The prices of the Company's suppliers are subject to change. Consequently, the prices indicated on the Site may change. They can also be modified in the event of special offers or sales. The prices indicated on the Site are valid, except gross error. The applicable price is that indicated on the Site on the date on which the order is placed by the Customer.
Product Delivery Time
Even if the Company makes every effort to deliver the Products within the deadlines defined above, the delivery dates are only estimates, they are not guaranteed, and they cannot be invoked against the Company. Whatever the shipping method chosen, the Company will provide the Customer, as soon as possible, with a link that will allow him to follow the delivery of his package online. It is recalled that the Company cannot be held responsible for delivery times not respected by the carriers. In the event of late delivery, the Company and/or the carrier will inform the Customer. In the absence of this information, the Customer may contact the Company to notify it of this delay.
Receipt of the Products
The Company would like to remind you that when the Customer takes physical possession of the Products, the risk of loss or damage to the Products is transferred to him. It is therefore up to the Customer to notify the carrier of any reservations about the Products delivered. Thus, when the Customer receives or withdraws his order, he must check that the Product ordered is complete and includes any accessories. In the event that the delivery is incomplete, the Customer must contact the Company's Customer Service within three (3) working days of receipt of the order, under the terms and conditions described in Article 10 hereof. Beyond this period, the delivery will be considered accepted.In the event that, after acceptance of the package, the Customer notices that the Product ordered is damaged, he must report it within three (3) working days of receipt of the order, under the terms and conditions described in l Article 10 hereof. Beyond this period, the delivery will be considered accepted.
Payment on the Site
Invoicing (VALID ONLY FOR THE CUSTOMER PROFESSIONAL)
Any unpaid invoice from the Professional Customer, in whole or in part, on the due date automatically entails, without prior notice: The application of late payment penalties calculated by the application a rate equal to three times the legal interest rate in force on the amounts remaining due and for a period corresponding to the number of days of delay observed between the due date shown on the invoice and the effective payment on the value date; The legal fixed compensation of forty (40) euros for recovery costs, without prejudice to the Company's ability to claim additional compensation on supporting documents; The immediate payment of all sums remaining due, regardless of the method of payment provided. The Company will also have the option of: Notifying the termination of the sales contracts concerned, the Professional Customer must then return the unpaid Products, subject to a retention of title clause, which have already been delivered, at their expense and risk ; The ability for the Company to claim compensation for the damage suffered; Refuse any new order or suspend the execution of orders in progress until the payment of all the sums due or until the constitution by the Professional Customer of a payment guarantee for the benefit of the Company; In the event of non-compliance with payment deadlines by the Professional Client, the Company reserves the right to modify the terms of payment of said Client.
Consumer Customer withdrawal period (VALID ONLY FOR THE CONSUMER CUSTOMER)
The Consumer Customer has a period of fourteen (14) days from receipt of the Products ordered to exercise his right of withdrawal and ask the Company to cancel the order, without having to justify any reason or pay penalties. This withdrawal period runs from the day after the date on which the Consumer Customer (or a third party designated by him and who is not the carrier) has (or the third party in question has) physically taken possession of the (or some products). For orders relating to several Products delivered separately or for orders of a Product made up of batches or multiple parts whose delivery is staggered over a defined period, the period runs from the receipt of the last Product or batch or the last piece. If this period expires on a Saturday, Sunday or a public holiday or non-working day, it is extended until the first following working day.As a reminder, in accordance with the legislation in force, the right of withdrawal does not apply to the following orders: Supply of Products possibly made at the request or according to the specifications of the Consumer Customer or clearly personalized; Supply of goods likely to deteriorate or expire rapidly. For the supply of goods which have been unsealed or damaged by the Consumer Customer after delivery and which cannot be returned for reasons of hygiene or health protection.
Professional Customer withdrawal period
Unless he returns within the framework of the three cumulative criteria provided for by article L121-16-1 of the Consumer Code and that he is able to justify it to the Company, THE WITHDRAWAL PERIOD OF 14 DAYS DOES NOT APPLY TO PROFESSIONAL CUSTOMER. Legal Guarantees For any Product sold, the Company is bound, vis-à-vis the Consumer Client, to respect the legal guarantee of conformity prescribed by articles L.217-4 to L.217-14 of the Consumer Code as well as that respect, for all Customers (Consumers and Professionals) of the legal guarantee against hidden defects referred to in Articles 1641 to 1648 of the Civil Code. In the event of a lack of conformity and if identical replacement is impossible (size, color or reference sold out), the Consumer Customer may either return the Product and be reimbursed the price (delivery costs included), or accept the proposal. made by the Company of a Product of similar quality and price. Return costs to mainland France will be borne by the Company. Also, when the Consumer Customer acts as a legal guarantee of conformity within the meaning of the aforementioned provisions of the Consumer Code, he: Benefits from a period of two (2) years from the delivery of the Product to act; Can choose between repairing or replacing the Product, subject to the cost conditions provided for in Article L. 211-9 of the Consumer Code; Is exempted from providing proof of the existence of the lack of conformity of the product during the twenty-four (24) months following the delivery of the product. It is specified that this legal guarantee of conformity applies independently of the commercial guarantee granted, where applicable, on the Products. In the event of a hidden defect within the meaning of the law, the Company undertakes, at the User's choice, to replace the Product (if the said Product is available in stock) or to reimburse the Product thus affected (return covered by the Company), provided that said defect has been reported to the Company within eight (8) days, following the date on which the User should reasonably have discovered it. Return costs to mainland France will be borne by the Company. For any complaint made pursuant to this article "Legal Guarantees", the User must contact the Company by e-mail. He must describe the nature of the non-conformity or defect. After validation by the Company, the User will receive an e-mail informing him that his complaint has been registered, specifying the reference of the Product to be returned, the price of the said Product and the return address. Any Product return made by the User outside the procedures described above which would generate additional costs payable by the Company may be refused by the Company. The registration of the complaint does not constitute acknowledgment of liability by the Company. Reimbursement is made within fourteen (14) days either by crediting their bank account (or to the PAYPAL or PAYPLUG account if this payment method was used), or by issuing a credit note valid for a period of twelve (12) months from its issue on any future purchase on the Site. In the absence of an express choice, the refund is made by crediting the User's bank account (or their PAYPAL or PAYPLUG account if this is the payment method that was used).Furthermore, it is specified that the provisions of this article cannot set aside the right of withdrawal provided for herein.
ARTICLE 6: Insurance
The Company declares that it is insured, in particular in civil liability, with a reputably solvent company and keep all insurance policies up to date, to cover all damage caused to the User or to any third party and resulting from the performance of the services and missions under the these General Conditions.
Article 7: Unlawful use of the Site
In case of violation on the part of Users, and in particular their obligations, or if the Company has serious reasons to believe that this is necessary to protect its security and integrity, those of its Users or third parties or for the purposes of fraud prevention or investigations or in the event of breaches of the laws and regulations in force, the Company reserves the right to: Limit access and use of the Site to Users; and/or Terminate, immediately and without notice, these General Conditions, without prejudice to any damages that the Company may be entitled to claim; and/or Prevent the publication or delete any notice, message, content, reservation request, or any content that may possibly be published by the User on the Site. The non-exercise by the Company of the rights which are recognized to it in application of the texts or the General Conditions, does not in any way constitute a renunciation to avail itself of its rights.
ARTICLE 8: Use of Livechat
Livechat enables the User to get in touch with a member of the Company in order to ask him a certain number of questions relating to the Products sold on the Site. The Livechat is accessible 7 days a week, 24 hours a day, between 9 a.m. and 6 p.m.However, the Company is not required to respond instantly and within any time limit to the questions sent to it, which the User acknowledges.
Article 9: Liability
The Company undertakes to its best efforts to provide the services offered on the Site with diligence and according to the rules of the art, it being specified that it weighs on it an obligation of means, to the exclusion of any obligation of result, which the User expressly acknowledges and accepts. Its liability is exclusively limited to the provision of the services offered on the Site according to the methods described herein, to the exclusion of any other service. In its capacity as publisher of a website, the Company cannot be held liable for the performance of a service, and in particular due to: Incorrect information communicated by Users: The cancellation or modification of an order by a User.
9.1 Limitation of Company's Liability Under the Service
The Company's liability vis-à-vis Users for the service it offers (online sale of Products) may not exceed the amount it has received from the User for the said service that the latter will have chosen. Thus, in the event that a User would suffer damage, of any nature whatsoever, due to a fault committed by the Company in the context of the execution of the service, the compensation that the User could obtain of the Company will not exceed twice the amount of the price paid by the User for the selected service.
9.2 General disclaimer of liability of the Company
More generally, and unless expressly provided otherwise, in no event shall the Company or its managers, employees or agents be held liable for any damage, direct or indirect, resulting from the use of the Site or the services offered there, any content of the Site or other elements, accessible or downloaded from the Site, even if the Company is aware or has been informed of the possibility of the occurrence of such damage. Furthermore, the Company does not guarantee that: • The services and Products offered via the Site, subject to constant research to improve performance and progress in particular, will be completely free of errors, defects or faults; • The services and Products offered via the Site being in no way offered for the sole intention of the User according to his own personal constraints, will specifically meet his needs and expectations.
Article 10: Nullity and partial invalidity
In the eventuality where one of the clauses of the General Conditions would be declared null or without object, in particular by a change of legislation, regulation or by a court decision, the validity of the present General Conditions would not be affected, except if it presents a character substantial.The Parties will replace invalid provisions by amendment with new provisions that are legally valid and as close as possible to the meaning and intended purpose from a legal and economic point of view.
Article 11: KEUS Customer Service
If needed information about the Site or its services, the User can contact the Company using the contact form or by sending an email to: email@example.com.
ARTICLE 12: Personal Data
Article 13: Intellectual Property
All elements of the Site, whether visual or sound, including the underlying technology, belong to the Company, to one of its service providers and/or to some of its suppliers. As such, they are protected by copyright, trademarks or patents. These General Conditions do not imply any transfer of any kind of intellectual property rights on the elements belonging to the Company for the benefit of the User. The content of the Site, the general structure as well as the trademarks, designs, models, animated or still images, texts, photographs, logos, graphic charters, software and programs, search engines, databases of data, sounds, videos, domain names, design, know-how of the Company and all other elements making up the Site or any other information appearing therein, without this list being exhaustive, are the exclusive property of the Company or partners or third parties who have granted it a license, and are protected by intellectual property rights which are or will be recognized to them according to the laws in force.The reproduction of all documents published on the Site is authorized for the exclusive purposes of information for personal and private use. Any other use is strictly prohibited. Any reproduction and/or representation, total or partial, of one of these elements, without the express authorization of the Company is prohibited and would constitute in particular but not exclusively an infringement punishable by the provisions of the Intellectual Property Code. Consequently, the User shall refrain from any action and any act likely to directly or indirectly infringe the property rights of the Company. This article will survive the end of the present and this whatever the reason or the motive. The Company reserves the right to claim damages in the event of infringement of its intellectual property rights.
Intellectual Property on the Products present on the KEUS Site
The User acknowledges that the Company is not the holder of all the intellectual property rights and other distinctive signs covering the Products sold on the Site as well as the elements attached thereto, including the visuals of the Products. Consequently, the sale by the Company of the Products to the User does not entail for the benefit of the latter any transfer or any concession of any intellectual property rights whatsoever relating to the said Products and the attached elements, including the visuals of the Products. , and in particular rights in terms of trademarks, designs and models, patents and copyright. As such, and apart from the exceptions as provided for by the Intellectual Property Code, Users are not authorized to perform one or more acts of reproduction, imitation, representation and/or reuse, including partial, of said visuals, in any capacity whatsoever and for any use whatsoever without prior request and after express acceptance by the Company.Any use of the said visuals of the Products without express and prior authorization exclusively granted by the Company is likely to constitute acts of counterfeiting. As such, the Company reserves the right to initiate legal proceedings before the French courts, which have sole jurisdiction in this matter.
Article 14: Advertising
The Company reserves the right to insert, on any page of the Site and in any communication to Users, any advertising or promotional messages in a form and under conditions of which it will be the sole judge.
Article 15: Force majeure
The Company shall not be bound responsible for any delay or non-performance in the provision of one of the services it offers via the Site, when the cause of the delay or non-performance is due to the occurrence of a case of force majeure such as, in addition to those usually recognized by case law and in particular the blocking of telecommunications, the blocking of the Internet, the breakdown of equipment broadcasting the Service, fire, water damage, blocking of means of transport or supply or even a total strike or partial. Each party must inform the other as soon as possible in the event of the occurrence of an event of force majeure preventing it from performing all or part of its obligations. The case of force majeure suspends the obligations arising from these General Conditions for the duration of its existence. However, if the case of force majeure had a duration of existence greater than one (1) consecutive month, it would give rise to the automatic termination of these General Conditions by one or other of the parties eight (8) days after notification by any means of this decision.
Article 16: Applicable law/Jurisdiction
These General Conditions and the associated special conditions are exclusively subject to French law. In the event of a dispute between them, for any reason whatsoever, relating to these General Conditions and any special conditions, the Parties shall endeavor to find an amicable solution.
For the Consumer Client
In the event that no amicable solution would not be found within a reasonable time, and in the event of litigation on the occasion of the interpretation or the execution of the present General Conditions, the competent court will be that of the place of residence of the defendant or, at the choice of the plaintiff, of the actual place of delivery of the Product.
For the Professional Client
In the event that no amicable solution would not be found within a reasonable time, the courts within the jurisdiction of the Court of Appeal of ANGERS (France) will have exclusive jurisdiction, notwithstanding plurality of defendants, warranty claim and emergency procedure.