The company KEUS, SAS registered in the Angers Trade and Companies Register 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 website") accessible at the following address: https://www.keus-store.com/fr/
The purpose of this Website is to allow Internet users, both professionals and consumers, to purchase online high-end backpacks of several brands, selected by the Company and classified on the Website in several sub-categories:
Backpacks for travel ;
Backpacks for work;
The Website also offers a number of additional accessories such as wallets, fanny packs and computer cases.
All the backpacks and accessories available on the Website are hereinafter referred to as the "Product(s)".
The Website also provides access to an online store (the "Customer Account") allowing to order and pay for the Products offered for sale by the Company.
The list and the precise description of the Products offered by the Company can be consulted at any time on the Website.
Therefore, these General Terms and Conditions of Sale govern the relationship between the Company and any Internet user using the Website and/or using the Livechat and/or using the contact form and/or having initiated a purchase process on the Website. Their purpose is to govern access to and use of the Website. They are also intended to set the terms and conditions by which KEUS provides users of the Website with the services described below, as well as to define the rights and obligations of the Parties in this context.
The present General Conditions of Sale express the entire agreement of the Parties and cancel and replace any agreement, letter, offer or other previous written or oral document having the same object.
The Customer declares to have obtained all necessary information concerning the use of the online sales space and the quantitative and qualitative characteristics of the Products offered for sale on the Website.
Article 1: Definitions
Customer: means the Company's co-contractor. By default, the Client of the Website is considered as a Consumer Client. However, in some cases, it may be possible for the Client to be a professional on the condition that he has duly informed KEUS. The definition of this status will expressly commit him to the Company for any order of Product(s) that he will place thereafter on the Website. As a reminder:
Consumer Client: in this context, the Consumer Client commits to the Company, at the time of the creation of his Account on KEUS-STORE, to have the quality of consumer as defined by the French law and jurisprudence. As such, it is expressly admitted that this Client acts on the Website and when placing the order(s) outside of any professional or commercial activity.
Professional Customer: if he acts and uses the Website as a professional, the Professional Customer must have a SIRET number and/or a registration number in the Trade Directory (RM) which will be requested when creating his Account on KEUS-STORE. It is expressly specified that the Professional Customer only acts for purposes that fall within the scope of his professional activity, no right of withdrawal exists for the benefit of the Professional Customer.
General Conditions: Refers to the present document entitled "General Conditions of Sale KEUS";
Account or KEUS Account: Refers to the module set up by the Company, accessible online at the address https://www.keus-store.com/connexion and allowing the user to have access to the general management information of his account and also to select and order a certain number of Products available on the Website.
Product Sheet : Refers to the presentation sheet of a Product offered for sale online on the Website.
Livechat: Functionality present on the Website and allowing the User to contact and chat live with a member of the Company's team. The Livechat is accessible 7 days a week between 9:00 am and 7:00 pm. KEUS shall have no obligation regarding any response time in connection with the use of this feature.
Basket: Refers to the summary page of the Products chosen by the Customer as he navigates on the Website in order to place an eventual order.
Product: Refers to the part or parts available for order on the KEUS Website. The following Products are available on the Website:
Accessories such as wallets, fanny packs or computer cases.
Promotion(s)/Outlet: means the page on the Website on which the Company inserts the Products of the moment benefiting from a commercial discount.
Website: means the Internet Website set up by the Company, accessible online at https://www.keus-store.com/fr/. The Website 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: Refers indifferently to the Customer (Consumer or Professional) placing an order on the Website via the Account or the simple visitor navigating on the KEUS Website, this navigation having to be in conformity with the present General Conditions.
Article 2: Purpose/Description of the services offered via the KEUS Website
2.1 Purpose of the Website
The Website allows Users to use and browse the Website, to make inquiries and to place orders for Products via their Account.
2.2 Status and obligations of the Company
Beforehand, it is specified that all Products offered for sale on the Website are shipped subject to their availability. In fact, the presentation of Products on the Website at a given moment does not imply and does not guarantee that these Products will be available at all times. The Company 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/she wishes to acquire the Products as described on the Website and on the Form, that he/she accepts the price proposed and that he/she recognizes that placing this order implies an obligation to pay on his/her part. Consequently, when the User confirms his/her order, he/she agrees to be bound to the Company by a sales contract, subject to the availability of the Products and the validation of his/her payment under the conditions set out below. This sales contract is formalized through the unreserved acceptance of these General Conditions.
In the case where the Website is used by Consumer Customers, the latter act as consumers as understood in the sense of the French Consumer Code. Purchases made from the Website in this case are intended for personal use and shall not be resold, used in a commercial context, or used for commercial gain. 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
The purpose of these General Conditions is to define the terms and conditions under which the User is authorized to use the Website as well as the terms of access and operation of the services offered by the Company on the Website. They prevail over any other document that may have been communicated to the Company. All Users hereby acknowledge that the services offered by the Company via the Website are intended to evolve and be modified.
Access to and use of the Website implies full and complete acceptance of these General Conditions. All Users of the Website acknowledge that they are fully informed and bound by all the provisions of these General Conditions.
Any condition or clause contrary to the General Conditions opposed by the User will therefore be, in the absence of express and written acceptance by the Company, unenforceable against it.
The Company reserves the right, at its sole discretion, at any time and without notice, to modify the Website, 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 at the time of each navigation or each order on the Website. Therefore, in case of modification, the General Terms and Conditions of Sale in force on the day the Order is placed shall apply.
Any person may use the services offered via the Website provided that he or she is a natural person of legal age and has the legal capacity to contract.
Furthermore, the Company reminds all Users that they must have a working e-mail address. In the absence of a valid e-mail address, the Company will be unable to meet its obligations and may not be held responsible for such non-performance. Specifically, it will not be able to respond to any request made through 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 the present General Conditions have been read and accepted by the User. The User thus acknowledges that he/she is fully informed and bound by all the provisions of these General Conditions.
Acceptance of these General Conditions in the form of a "check box" when creating an Account and/or placing an order constitutes proof that the User has taken cognizance of the said provisions and constitutes acceptance of the present.
The present General Conditions are opposable during the entire period of use of the Website as well as during the ordering phase of a Product on the Website until the reception of the 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 Website by the User after possible modifications of the General Conditions implies acceptance by the latter of the new General Conditions. The General Conditions appearing online on the Website prevail over any printed version of previous date. The User may at any time discontinue use of the Website but remains liable for any prior use.
The fact that the Company does not avail itself, at a given time, of a provision of these General Conditions, shall not be interpreted as a waiver of the right to assert the same provision at a later date.
Article 4: Access, security and continuity of the KEUS Website
4.1 Access to the Website
The Website is accessible to Users via the Internet from a fixed or mobile terminal with an Internet browser.
Access to the Website and browsing are free.
The order of a Product on the Website (via the Customer Account) is subject to a fee.
4.2 Availability of the Website
The Website 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 for consulting, querying or transferring information data, the Company uses all reasonable means at its disposal, in accordance with the rules of the art, to allow access to and use of the Website and the services offered, but is under no obligation to do so. Therefore, in view of the hazards related to the nature of the Internet network, the Company does not guarantee that the Website will function without interruption and that the servers providing access to it and/or the third-party Websites for which hyperlinks appear are free of viruses.
The Company shall not be held liable in the event that one or more Users are unable to connect to the Website due to any technical defect or problem.
The Company reserves the right, without prior notice or compensation, to temporarily close the Website and access to one or more of the services included therein, in particular to carry out maintenance operations, updates, modifications or changes in operating methods or a restriction of the hours of accessibility of the Website, without this list being exhaustive.
In the event of temporary or prolonged unavailability of the Website, in particular in the event of the occurrence of "bugs", the Company shall not be held liable for any damages incurred, other than those directly resulting from the non-performance of its obligations listed herein.
The Company shall not be liable for the proper functioning of the User's computer equipment and Internet access. For an optimal functioning of the Website, the Company recommends to each User to use a computer equipment with the following minimal configuration:
Chrome in its most recent version
Safari in its most recent version
Firefox in its most recent version
iOS in its most recent version
Android in its most recent version
The User acknowledges that access to and use of the Website may be rendered impossible due to the absence of this minimum configuration on his/her computer equipment.
The User acknowledges that he/she has verified that his/her computer configuration is adequate, free of viruses and in good working order. The equipment (computer, cell phone, software, telecommunications means, etc.) allowing access to the Website are the exclusive responsibility of the User, as well as the telecommunications costs incurred by their use.
In addition, the Company reserves the right to complete or modify, at any time, the Website and the services available on it according to the evolution of technologies.
It is the User's responsibility to ensure that the computer and transmission resources available to him/her are able to adapt to changes in the Website.
Respect for the rules of use
The User is able to take advantage of the functionalities offered by the Website. In general, the User shall refrain, in the context of the use of the Website and in particular Livechat, from engaging in acts of any kind whatsoever, such as drafting, publishing and posting online, broadcasting, transmitting or disseminating data and/or content that would be contrary to the law, infringe on public order, or infringe on the rights of the Company or of third parties. In particular, without this list being restrictive, the User undertakes to respect the following rules when using the Website
Not to use a false identity in order to deceive others and to communicate accurate information when using the Website. IT IS REMINDED IN THIS RESPECT THAT WHEN CREATING AN ACCOUNT, THE USER MUST IMPERATIVELY INDICATE HIS STATUS, EITHER AS A PROFESSIONAL CUSTOMER OR AS A CONSUMER. THIS NOTIFICATION WILL CONDITION THE CONTRACTUAL RELATIONS BETWEEN HIM AND THE COMPANY;
To comply with the laws in force and to respect the rights of third parties, as well as the present stipulations of the General Conditions;
To use the Website in a loyal manner, in accordance with its purpose and in compliance with the legal and regulatory provisions and practices in force;
To respect the intellectual property rights relating to the contents provided by the Company, as well as the intellectual property rights of third parties such as the creator of the Website or, possibly, the creator(s) of the Products; consequently, each User is forbidden to reproduce and/or communicate to the public, through the Website, 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 Website outside of its normal use as defined in these General Conditions;
Not to overload the Website and Livechat in any way;
Not to retrieve information from the Website on a massive scale and without prior authorization;
Not to use, to navigate the Website, a software robot or any other process or equivalent automated tool;
Not to disseminate data, information or content that would diminish, disorganize or prevent the normal use of the Website;
Not to carry out any advertising activities without the prior and explicit agreement of the Company;
In the event of a User's failure to comply with one or more of these rules, the Company reserves the right to unilaterally suspend and/or terminate these General Terms and Conditions and any associated contracts or special conditions and/or block the orders and/or the User concerned, and/or block his/her access to all or part of the Website, without any compensation, in accordance with the terms and conditions set forth in Article 7 of these General Terms and Conditions.
Article 5: Ordering on the KEUS Website/Conclusion of the online contract
Products present on the Website:
The essential characteristics of the Products, services and their respective prices 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 said Product is a backpack;
The dimensions and functionalities of the Product;
The options available for the Product and in particular its color or size;
The price of the Product including VAT
The availability of the Product and the delivery costs.
The User certifies that he/she is aware of the delivery costs of the Product he/she wishes to order as well as the terms of payment, delivery and execution of the contract.
The Company undertakes to honour the User's order within the limits of available stocks of Products only. In the event of unavailability, 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 may also be informed of the restocking of a Product by the Company.
In case of unavailability of a Product, the Company may, at the request of the User :
Either offer to ship all Products at the same time as soon as the out-of-stock Products are available again,
Or proceed with a partial shipment of the available Products at first, then with the 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 propose an alternative Product of equivalent quality and price, accepted by the Customer.
If the Customer decides to cancel the order for unavailable Products, he/she will be reimbursed for all sums paid for the unavailable Products no later than thirty (30) days after the payment has been confirmed.
Furthermore, 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 a confirmation during the validation of the order.
Finally, the Parties agree that the illustrations or photos of the Products offered for sale on the Website have no contractual value. The possible validity period of the offer of the Products as well as their prices are specified on the Website.
Ordering process on the Website:
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, at the time of its creation of Account, a certain number of information relating to its company.
The User (Consumer and/or Professional Customer) will be asked to provide information allowing him/her to be identified by completing the form available when creating his/her Account.
In accordance with the provisions of the Civil Code relating to remote identification, the User undertakes to provide truthful 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 Website. The follow-up of deliveries can, if necessary, be carried out by using the on-line follow-up tools of certain carriers. The User may also contact the Company's sales department at any time by e-mail at email@example.com in order to obtain information on the status of his/her 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/her identity, eligibility and the information provided.
As an indication, for some Products, a pre-order system can be considered. In this case, the delivery dates are estimated. The pre-order system is reminded in the ordering process and is notably registered in the Products file.
The User must follow a series of steps specific to each Product offered by the Company in order to complete and finalize his order. As such, the steps described below are systematic:
Information of the User on the Website 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 Shopping Cart, and provides the essential data to place the order of said Product (identification, address...);
Once the Products have been selected and placed in the Shopping Cart, the User must click on the Shopping Cart and verify that the contents of the order are correct. If the User has not yet done so, he will then be invited to identify himself or to register.
Once the User has validated the contents of the Shopping Cart and logged in/registered, an online form will be displayed, automatically filled in, summarizing the price, applicable taxes and, if applicable, delivery charges.
The User is invited to check the content of his/her order (including the quantity, characteristics and references of the Products ordered).
The User then clicks on the "Order" button to start the validation process of his order.
The User accepts at the same time the present KEUS General Conditions as well as the conditions of retraction which are registered there (valid only for Consumer Customers, in accordance with the legislation in force).
The User chooses his payment options (PAYPAL, EFT, credit card payment, 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 purchase process of the Product(s) in his Shopping Cart.
The User chooses at the same time the delivery methods of the Products.
The User follows the instructions for the payment of the Products and is sent back 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 case of a bank transfer, it is only upon the effective receipt of the 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 acknowledgement of receipt of the order that the Company sends to the User by e-mail and/or on his Account constitute an invoice. Regardless of 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 is finalized, the User will receive a confirmation exclusively by e-mail of the payment of the order, as well as an acknowledgement of receipt of the order confirming it. For the delivered Products, 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). In addition, if the amount of the order exceeds 120 euros (including VAT), the Company will keep a copy of the order in its files, for the duration provided by law. During this period, the User may request a copy of the order at any time. In this case, the Company reserves the right to charge the User for the cost of retrieving and sending the requested document.
Reservation of ownership of the Products
The Products present on the Website and ordered by the User remain the property of the Company until full payment of the price by the User who placed the order.
Price display/Product delivery
The Company may offer, at the time of ordering, different delivery methods depending on the size of the Product and the Customer's delivery address. The conditions, costs and delivery times differ according to the delivery method selected by the Customer.
The Customer will be informed, at the time of placing the order, of the delivery method(s) available as well as the applicable delivery time(s) and rates.
Traditionally, the Company works with 4 different carriers:
The Customer is informed that the delivery of certain Products and/or in certain geographical areas is likely to generate an additional invoicing. In such cases, this information is clearly indicated on the Product information page or on the Website.
The total amount of the delivery costs of the order is indicated when the order is placed.
All prices indicated on the Website include value added tax at the legal rate in effect on the date of invoicing.
The prices indicated on the Website are in Euros. The delivery cost policy is linked to the volume of Products ordered and their type.
The prices of the Company's suppliers are subject to change. Consequently, the prices indicated on the Website may change. They may also be modified in the event of special offers or sales.
The prices indicated on the Website are valid, except in the case of a gross error. The applicable price is the one indicated on the Website on the date the order is placed by the Customer.
Delivery time of the Products
Even if the Company does its best to deliver the Products within the time limits defined above, the delivery dates are only estimates, they are not guaranteed, and they cannot be invoked against the Company.
Regardless of the shipping method chosen, the Company will provide the Customer, as soon as possible, with a link that will allow him/her to track the delivery of his/her package online.
It is reminded that the Company shall not be held responsible for delivery times not respected by the carriers.
In the event of a delay in delivery, the Company and/or the carrier will inform the Customer. In the absence of this information, the Client may contact the Company to inform it of the delay.
Receipt of Products
The Company reminds that when the Client takes physical possession of the Products, the risks of loss or damage of the Products are transferred to the Client. It is therefore the Client's responsibility to notify the carrier of any reservations regarding the Products delivered.
Thus, when the Customer receives or picks up his order, he must check that the Product ordered is complete and includes any accessories. In the event that the delivery is incomplete, the Client must contact the Company's customer service department within three (3) working days following receipt of the order, in accordance with the terms and conditions described in Article 10 hereof. After 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/she must report this within three (3) working days following receipt of the order, in accordance with the terms and conditions described in Article 10 herein. After this period, the delivery will be considered accepted.
Payment on the Website
Payment is due immediately upon validation of the order.
The User must make the payment by credit card (payment in several possible), bank transfer, PAYPAL or by check (checks are only accepted for Professional Customers). Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa).
The secure online payment by credit card is made by a third party payment provider, the company STRIPE. The information transmitted is encrypted according to the rules of the art and cannot be read during transport on the network. The bank card used for payment will be debited less than one week after the date of the order placed by the User.
In accordance with Article L. 132-2 of the French Monetary and Financial Code, the commitment to pay by card is irrevocable. By communicating his/her banking information at the time of the sale, the User authorizes the Payment Company to debit his/her card for the amount relating to the price indicated.
The User confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or the impossibility of debiting the card, the order is immediately cancelled.
During the payment transaction, the User is automatically connected to the payment processing center server of the payment provider. The banking data, protected by encryption, do not pass through the Company's systems (and are therefore not stored). Thus, the Company does not store the User's banking data.
The Company declines all responsibility in case of error due to the payment system.
If the bank refuses to debit a card or other means of payment, the User must contact the Company's customer service in order to pay for the order by any other valid means of payment.
In the event that, for any reason whatsoever, opposition, refusal or otherwise, the transmission of the flow of money due by the User proves impossible, the order will be cancelled and the sale automatically terminated.
The personal data provided by the User is used to complete the transaction. It will be recorded and used by the Company in accordance with its privacy and cookie statements as set forth herein. The User authorizes the payment system to store his/her bank details on behalf of the Company to facilitate future orders.
The Company may ask the User, by email or telephone, for additional information on his/her identity (identity card) and the identity of the cardholder who made the payment, depending on the amount of the order and the address of the cardholder.
The User has at any time the right to access and rectify the data concerning him/her collected at the time of payment, by sending a request by mail (to the Company's head office) or by e-mail to firstname.lastname@example.org
Invoicing (VALID ONLY FOR THE PROFESSIONAL CUSTOMER)
Any unpaid invoice of the Professional Customer, in whole or in part, on the due date shall automatically, without prior notice, lead to
The application of late payment penalties calculated by applying a rate equal to three times the legal interest rate in force on the amounts still due and for a period corresponding to the number of days of delay between the due date on the invoice and the actual payment on the value date;
The legal fixed indemnity of forty (40) euros for collection costs, without prejudice to the Company's right to claim additional indemnity upon proof;
The immediate payment of all outstanding amounts, regardless of the method of payment.
The Company shall also have the right to :
Notify the cancellation of the sales contracts concerned, the Professional Client having to return the unpaid Products, subject to a retention of title clause, which have already been delivered, at its expense and risk;
The right for the Company to claim compensation for the damage suffered;
To refuse any new order or to suspend the execution of current orders until the payment of the totality of the sums due or until the constitution by the Professional Client of a guarantee of payment in favour of the Company;
In the event of non-compliance with the payment deadlines by the Professional Client, the Company reserves the right to modify the payment conditions of the said Client.
Cancellation period for the Consumer Customer (VALID ONLY FOR THE CONSUMER CUSTOMER)
The Consumer Customer has a period of fourteen (14) days from the receipt of the Products ordered to exercise his right of withdrawal and ask the Company to cancel the order, without having to give any reason or pay any penalties.
This withdrawal period shall run from the day following the date on which the Consumer Customer (or a third party designated by him/her and who is not the carrier) has (or the third party in question has) physically taken possession of the Product(s).
For orders for multiple Products delivered separately or for orders for a Product consisting of multiple lots or pieces delivered over a period of time, the time period shall begin upon receipt of the last Product or lot or piece.
If this period expires on a Saturday, Sunday or public holiday, it is extended to the next business 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 to the request or according to the specifications of the Customer Consumer or clearly personalized;
Supply of goods likely to deteriorate or to expire quickly.
Of supply of goods which were unsealed or degraded by the Consumer Customer after the delivery and which cannot be returned for reasons of hygiene or protection of health.
Withdrawal period of the Professional Customer
Except if it falls within the framework of the three cumulative criteria envisaged by the article L121-16-1 of the Code of consumption and that it is able to justify it to the Company, THE 14 DAY RETRACTATION PERIOD DOES NOT APPLY TO THE PROFESSIONAL CUSTOMER.
For any Product sold, the Company is bound, with respect to the Consumer Customer, to the respect of the legal guarantee of conformity prescribed by articles L.217-4 to L.217-14 of the Consumer Code as well as to the respect, for all Customers (Consumers and Professionals) of the legal guarantee of hidden defects referred to in articles 1641 to 1648 of the Civil Code.
In case of lack of conformity and if the identical replacement is impossible (size, color or reference out of stock), the Consumer Customer can either return the Product and be reimbursed the price (including shipping costs), or accept the proposal made by the Company of a Product of a similar quality and price. The costs of return in metropolitan France will be borne by the Company.
Also, when the Consumer Customer acts in legal guarantee of conformity within the meaning of the aforementioned provisions of the Consumer Code, he/she :
Has a period of two (2) years from the delivery of the Product to act;
May choose between repairing or replacing the Product, subject to the cost conditions provided for in Article L. 211-9 of the French Consumer Code;
Is exempted from proving the existence of the product's lack of conformity during the twenty-four (24) months following the delivery of the product.
It is specified that the present legal guarantee of conformity applies independently of the commercial guarantee granted, if any, on the Products.
In the event of a latent defect as defined by law, the Company undertakes, at the User's option, to replace the Product (if the said Product is available in stock) or to refund the Product thus affected (return paid by the Company), provided that the said defect has been reported to the Company within a period of eight (8) days, following the date on which the User should reasonably have discovered it. The cost of returning the goods to metropolitan France shall be borne by the Company.
For any claim made under 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/her that his/her claim has been registered, specifying the reference of the Product to be returned, the price of said Product as well as the return address.
Any return of Product made by the User outside the procedures described above which would generate additional costs to be borne by the Company may be refused by the Company.
The registration of the claim does not constitute an acknowledgement of responsibility by the Company.
The refund will be made within fourteen (14) days either by crediting the User's bank account (or PAYPAL or STRIPE account if this is the payment method used), or by issuing a credit note valid for a period of twelve (12) months from the date of its issue on any future purchase on the Website. In the absence of an express choice, the refund is made by crediting the User's bank account (or PAYPAL or STRIPE account if this is the payment method used).
Furthermore, it is specified that the provisions of this article cannot exclude the right of withdrawal provided for herein.
Article 6: Insurance
The Company declares that it is insured, in particular in civil liability, with a solvent company and that it keeps all insurance policies up to date, to cover all damages caused to the User or to any third party and consecutive to the execution of the services and missions under the present General Conditions.
Article 7: Illegal use of the Website
In case of violation by Users, and in particular of 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 purposes of fraud prevention or investigation or in case of breaches of laws and regulations in force, the Company reserves the right to:
Restrict access to and use of the Website to Users; and/or
Terminate, immediately and without notice, the present 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 be published by the User on the Site.
The non-exercise by the Company of its rights under the texts or the General Conditions does not constitute a waiver of its rights.
Article 8: Use of Livechat
The Livechat allows the User to contact a member of the Company in order to ask a number of questions relating to the Products sold on the Website.
The Livechat is accessible 7 days a week, 24 hours a day, between 9:00 am and 6:00 pm.
However, the Company is not obliged to respond instantly and within any timeframe to the questions sent to it, which the User acknowledges.
Article 9: Responsibility
The Company undertakes to make its best efforts to provide the services offered on the Website with diligence and according to the rules of the art, it being specified that it has an obligation of means, to the exclusion of any obligation of result, which the User acknowledges and expressly accepts.
Its responsibility is exclusively limited to the provision of the services offered on the Website according to the terms and conditions described herein, to the exclusion of any other service.
In its capacity as publisher of a website, the Company shall not be held liable for the performance of a service, and in particular because of
Erroneous information communicated by the Users:
The cancellation or modification of an order by a User.
9.1 Limitation of the Company's liability for the Service
The Company's liability towards Users for the service it offers (online sale of Products) shall not exceed the amount it has received from the User for the said service that the User has chosen.
Thus, in the event that a User suffers a prejudice of any nature whatsoever due to a fault committed by the Company in the performance of the service, the compensation that the User may obtain from the Company shall not exceed twice the amount of the price paid by the User for the selected service.
9.2 General exclusion of liability of the Company
More generally, and unless otherwise expressly provided, in no event shall the Company or its officers, employees or agents be liable for any direct or indirect damages resulting from the use of the Website or the services offered therein, any content of the Website or other items, accessible or downloaded from the Website, even if the Company is aware or has been advised of the possibility of such damages occurring.
Furthermore, the Company does not warrant that:
- The services and Products offered via the Website, subject to constant research to improve their performance and progress, will be totally free of errors, defects or faults;
- The services and Products offered via the Website are not offered for the sole intention of the User according to his own personal constraints and will specifically meet his needs and expectations.
Article 10: Invalidity and partial invalidity
In the event that one of the clauses of the General Terms and Conditions is declared null and void, in particular by a change in legislation or regulations or by a court decision, the validity of the present General Terms and Conditions shall not be affected, unless it is of a substantial nature.
The Parties shall replace the invalid provisions by means of an amendment with new provisions that are legally valid and as close as possible to the intended meaning and purpose from a legal and economic point of view.
Article 11: Customer service KEUS
If the User needs any information concerning the Website or its services, he can contact the Company through the contact form or by sending an e-mail to: email@example.com
The Company provides the User with a "Customer Telephone Service" at the following number: +33975830596 accessible from 9:00 a.m. to 7:00 p.m., 7 days a week (except on public holidays).
Article 12: Personal data
In accordance with Regulation (EU) 2016/679 on the Protection of Personal Data (hereinafter "the Regulation"), the Company is "controller" of the data collected in the context of the online sales service, subject of these Terms. In this capacity, it undertakes to comply with the rules and obligations set out in the said Regulation.
The Client is notably informed that the information it communicates to the Company is always essential to the proper execution of the services provided for herein. This information is mainly intended for the Company's internal personnel duly authorized to process it.
Article 13: Intellectual Property
All elements of the Website, whether visual or audio, 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.
The present General Conditions do not imply any transfer of intellectual property rights of any kind on the elements belonging to the Company for the benefit of the User.
The content of the Website, the general structure as well as the trademarks, drawings, models, images, animated or not, texts, photographs, logos, graphic charters, software and programs, search engines, databases, sounds, videos, domain names, design, the know-how of the Company and all other elements composing the Website or any other information contained therein, without this list being exhaustive, are the exclusive property of the Company or of partners or third parties who have granted it a license, and are protected by intellectual property rights which are or will be recognized according to the laws in force.
The reproduction of all documents published on the Website is authorized for the exclusive purpose 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 a counterfeit sanctioned by the provisions of the Code of the intellectual property. Consequently, the User shall refrain from any action and any act likely to infringe directly or indirectly the Company's property rights.
This article will survive the end of the present contract, whatever the reason or motive.
The Company reserves the right to claim damages in case of infringement of its intellectual property rights.
Intellectual property on the Products present on the KEUS Website
The User acknowledges that the Company is not the owner of all intellectual property rights and other distinctive signs covering the Products sold on the Website as well as the elements attached to them, including the visuals of the Products. Consequently, the sale by the Company of the Products to the User does not entail any transfer or concession of any intellectual property rights whatsoever relating to the said Products and the elements attached thereto, including the visuals of the Products, and in particular rights relating to trademarks, designs, patents or copyright.
As such, and apart from the exceptions 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 the said visuals, for any reason whatsoever and for any purpose whatsoever without prior request and after express acceptance by the Company.
Any use of the said visuals of the Products without the express and prior authorization exclusively granted by the Company is likely to constitute an act of infringement. As such, the Company reserves the right to take legal action before the French courts, which have exclusive jurisdiction in this matter.
Article 14: Advertising
The Company reserves the right to insert, on any page of the Website 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 held responsible for any delay or non-performance in the provision of any of the services it offers via the Website, 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 jurisprudence and in particular the blocking of telecommunications, the blocking of the Internet, the breakdown of the equipment broadcasting the Service, fire, water damage, blocking of means of transport or supply or a total or partial strike.
Each party shall inform the other as soon as possible in the event of a force majeure event 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 lasts for more than one (1) consecutive month, it shall entitle either party to terminate these General Terms and Conditions by operation of law eight (8) days after notification by any means of this decision.
Article 16: Applicable law / Competent court
The present General Conditions and the associated special conditions are exclusively subject to French law.
In case of dispute between them, for whatever reason, relating to these General Conditions and any special conditions, the Parties shall endeavor to find an amicable solution.
For the Consumer Customer
In the event that no amicable solution is found within a reasonable period of time, and in the event of a dispute arising from the interpretation or execution of these General Terms and Conditions, the competent court shall be that of the defendant's place of residence or, at the plaintiff's option, the place of actual delivery of the Product.
For the Professional Customer
In the event that no amicable solution is found within a reasonable period of time, the courts of the jurisdiction of the Court of Appeal of ANGERS (France) shall have exclusive jurisdiction, notwithstanding multiple defendants, warranty claims and emergency proceedings.