General Terms and Conditions

TERMS OF SALES

ARTICLE 1. – INTEGRALITY

These general conditions express all the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.

These general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.

They are accessible on the website www.keeth.fr and will prevail, where applicable, over any other version or any other contradictory document.

The seller and the buyer agree that these general conditions exclusively govern their relationship. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online.

If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France.

These general conditions of sale are valid until January 1, 2025.

The seller is a member of FEVAD (Federation of Distance Selling Companies) and undertakes to comply with all the provisions of the Consumer Code relating to distance selling.

ARTICLE 2. – PURPOSE

The purpose of these general conditions is to define the rights and obligations of the parties in connection with the online sale of goods offered by the seller to the buyer, from the website www.keeth.fr.

These conditions only concern purchases made by buyers located in France and delivered exclusively on French territory. For any delivery outside France, send a message to sav@firstseller.fr

These purchases relate to all of the products on the www.keeth.fr site.

ARTICLE 3. – PRE-CONTRACTUAL INFORMATION

3.1. The buyer acknowledges having had communication, prior to placing his order and concluding the contract, in a readable and understandable manner, of these general conditions of sale and of all the information listed in article L. 121- 17 of the Consumer Code.

3.2. The following information is sent to the buyer in a clear and understandable manner:

– the essential characteristics of the good or service;

– the price of the good or service;

– in the absence of immediate execution of the contract, the date or the deadline at which the service provider undertakes to deliver the goods or perform the service, whatever its price;

– information relating to the identity of the service provider, its postal, telephone and electronic contact details, and its activities, those relating to legal guarantees, the functionalities of digital content and, where applicable, its interoperability, to the existence and the terms of

implementation of guarantees and other contractual conditions.

3.3. The seller provides the buyer with the following information:

– its name or corporate name, the geographical address of its establishment and, if it is different, that of the registered office, its telephone number and its e-mail address;

– the terms of payment, delivery and performance of the contract, as well as the terms provided by the professional for handling complaints;

– in the event of a sale, the existence and the procedures for exercising the legal guarantee of conformity provided for in Articles L. 211-1 et seq. of the Consumer Code, the guarantee against hidden defects provided for in Articles 1641 s. of the Civil Code, as well as, where applicable, the commercial guarantee and after-sales service respectively referred to in Articles L. 211-15 and L. 211-19 of the Consumer Code;

– the duration of the contract, when it is concluded for a fixed period, or the conditions for its termination in the event of a contract of indefinite duration.

3.4. The seller indicates, with regard to digital content:

– any relevant interoperability of this content with certain hardware or software of which the professional is or should reasonably be aware.

ARTICLE 4. – THE ORDER

The buyer has the option of placing his order online, from the online catalog and using the form included therein, for any product, within the limits of available stocks.

In case of unavailability of an ordered product, the buyer will be informed by email.

For the order to be validated, the buyer must accept, by clicking in the place indicated, these general conditions. He will also have to choose the address and the delivery method, and finally confirm the payment method.

The sale will be considered final:

– after sending the buyer confirmation of acceptance of the order by the seller by email;

– and after receipt by the seller of the full price;

Any order implies acceptance of the prices and descriptions of the products available for sale. Any contestation on this point will intervene within the framework of a possible exchange and of the guarantees mentioned below.

In certain cases, including default of payment, incorrect address or other problem with the buyer’s account, the seller reserves the right to block the buyer’s order until the problem is resolved.

The cancellation of the order for this product and its possible refund will then be made, the rest of the order remaining firm and final.

For any questions relating to the follow-up of an order, the buyer should dial 0532024796 (9 to 12 p.m. and 2 to 7 p.m. [cost of a local call]).

ARTICLE 5. – ELECTRONIC SIGNATURE

The online provision of the buyer’s credit card number and the final validation of the order will constitute proof of the buyer’s agreement:

In the event of fraudulent use of the bank card, the purchaser is invited, as soon as this use is noted, to contact 0532024796.

ARTICLE 6. – ORDER CONFIRMATION

The seller provides the buyer with a copy of the contract, on paper signed by the parties or, with the buyer’s agreement, on another durable medium, confirming the express commitment of the parties.

ARTICLE 7. – PROOF OF THE TRANSACTION

The computerized registers, kept in the computer systems of the seller under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as evidence.

ARTICLE 8. – PRODUCT INFORMATION

The products governed by these general conditions are those which appear on the seller’s website and which are indicated as sold and shipped by the seller. They are offered within the limits of available stocks.

The products are described and presented with the greatest possible accuracy and correspond to the description given by the seller.

ARTICLE 9. – PRICES

The seller reserves the right to modify its prices at any time but undertakes to apply the prices in force indicated at the time of the order, subject to availability on that date.

Prices are in euros. They do not take into account the delivery costs, invoiced in addition, and indicated before the validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store. Payment of the full price must be made when ordering. At no time can the sums paid be considered as a deposit or down payment.

If one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change could be reflected in the selling price of the products.

ARTICLE 10. – METHOD OF PAYMENT

This is an order with an obligation to pay, which means that the placing of the order involves payment by the buyer.

To pay for his order, the buyer has, at his option, all the payment methods made available to him by the seller and listed on the seller’s website. The buyer guarantees the seller that he has the necessary authorizations to use the payment method chosen by him, when validating the order form. The seller reserves the right to suspend any order management and any delivery in the event of refusal of authorization for payment by credit card from officially accredited bodies or in the event of non-payment. The seller reserves the right in particular to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is being administered. . The seller has implemented an order verification procedure to ensure that no one is using another person’s bank details without their knowledge.

As part of this verification, the buyer may be asked to send the seller by fax a copy of an identity document as well as proof of address. The order will then be validated only after receipt and verification by the seller of the parts sent.

Payment of the price is made in cash when ordering.

In the event of payment by credit card, the card is debited only when the order is dispatched.

Payments made by the buyer will only be considered final after actual receipt of the sums due by the seller.

ARTICLE 11. – AVAILABILITY OF PRODUCTS – REIMBURSEMENT – RESOLUTION

Except in cases of force majeure or during periods when the online store is closed which will be clearly announced on the home page of the site, the shipping times will be, within the limite available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email.

For deliveries in mainland France, the shipping time is 24 hours and the delivery time is 48 hours from the day following the day on which the buyer placed his order. It is possible to choose a delivery in 24 hours (involving an additional cost).

In the event of failure to comply with the agreed delivery date or deadline, the buyer must, before terminating the contract, order the seller to perform it within a reasonable additional period.

In the absence of performance at the expiration of this new period, the buyer may freely terminate the contract.

The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or in writing on another durable medium.

The contract will be considered as terminated upon receipt by the seller of the letter or writing informing him of this termination, unless the professional has performed in the meantime.

The buyer may, however, immediately terminate the contract, if the dates or deadlines seen above constitute for him an essential condition of the contract.

In this case, when the contract is terminated, the seller is required to reimburse the buyer for all sums paid, at the latest within 14 days of the date on which the contract was terminated.

In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will be able to cancel his order. The buyer will then have the choice of requesting either a refund of the sums paid within 30 days at the latest of their payment, or the exchange of the product.

ARTICLE 12. – DELIVERY TERMS

Shipments are made from a logistics platform located in France, specializing in online sales to meet your expectations.

Delivery means the transfer to the consumer of physical possession or control of the good. It is only made after confirmation of payment by the seller’s bank.

The products ordered are delivered except in the following ways: 72 hours (24 h shipping + 48 h delivery).

The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure its accuracy. Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer’s expense. The buyer may, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.

If the buyer is absent on the day of delivery, the delivery person will leave a calling card in the letterbox, which will allow the package to be collected from the location and for the time indicated.

If at the time of delivery, the original packaging is damaged, torn, opened, then the buyer should check the condition of the items. If they have been damaged, the buyer must absolutely refuse the package and note a reservation on the delivery slip (package refused because open or damaged).

The buyer must indicate on the delivery note and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, product missing from the delivery note, damaged package, broken products, etc.).

This verification is considered to have been carried out once the buyer, or a person authorized by him, has signed the delivery slip.

The buyer must then confirm these reservations to the carrier by registered mail no later than two working days following receipt of the item (s) and send a copy of this letter by fax or simple letter to the seller at the address indicated in the mentions. legal rights of the site.

If the products need to be returned to the seller, they must be subject to a return request from the seller within 7 days of delivery. Any complaint formulated after this deadline cannot be accepted. Product returns can only be accepted for products in their original condition (packaging, accessories, instructions, etc.).

ARTICLE 13. – DELIVERY ERRORS

The buyer must formulate with the seller on the same day of delivery or at the latest on the first working day following delivery, any claim of delivery error and / or non-conformity of the products in kind or in quality compared to the details on the order form. Any complaint made after this deadline will be rejected.

The complaint can be made, at the choice of the buyer:

– by phone at 0532024796

– by email to the following address: sav@firstseller.com

Any complaint not made in accordance with the rules defined above and within the time limits cannot be taken into account and will release the seller from any liability towards the buyer.

At reception n of the complaint, the seller will assign an exchange number for the product (s) concerned and will communicate it to the buyer by e-mail. The exchange of a product can only take place after the allocation of the exchange number.
In the event of a delivery or exchange error, any product to be exchanged or reimbursed must be returned to the seller as a whole and in its original packaging, by registered Colissimo, to the following address: 20, route de Villemur at Villaudric (31620).
Return costs are the responsibility of the seller.
ARTICLE 14. – TRANSFER OF OWNERSHIP AND RISKS
The transfer of ownership and risk takes place when delivery is made.
ARTICLE 15. – PRODUCT GUARANTEE
The SAS FIRST SELLER whose head office is at VILLAUDRIC (31620) 20, route de Villemur guarantees the conformity of the goods with the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in articles L 211-4 and following of the Consumer Code or the warranty against defects in the item sold within the meaning of articles 1641 and following of the Civil Code.
In the event of implementation of the legal guarantee of conformity, it is recalled that:
– the buyer has a period of 2 years from the delivery of the goods to act;
– the buyer can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 211-9 of the Consumer Code;
– the buyer is exempt from providing proof of the existence of the lack of conformity of the goods during the 6 months following delivery of the goods.
In addition, it is recalled that:
– the legal guarantee of conformity applies independently of the commercial guarantee indicated below;
– the buyer may decide to implement the guarantee against hidden defects of the item sold within the meaning of article 1641 of the civil code. In this case, he can choose between canceling the sale or reducing the price in accordance with Article 1644 of the Civil Code.
ARTICLE 16. – RIGHT OF WITHDRAWAL
In accordance with the provisions of the Consumer Code, the buyer has 14 working days from the date of delivery of his order, to return any item that does not suit him and request an exchange or refund without penalty. , with the exception of return costs which remain the responsibility of the buyer.
The products must however be returned in their original packaging and in perfect condition within 15 (fifteen) days of notifying the seller of the buyer’s decision to withdraw.
Returns are to be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be marketed in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete products are not taken back.
The right of withdrawal can be exercised online, using the withdrawal form available on the website www.keeth.fr. In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the buyer. Any other mode of declaration of withdrawal is accepted. It must be unambiguous and express the desire to retract.
In the event of exercise of the right of withdrawal within the aforementioned period, the price of the product (s) purchased is reimbursed.
Return shipping costs are the responsibility of the buyer.
The refund will be made within 10 (ten) days of receipt by the seller of the products returned by the buyer under the conditions set out above.
ARTICLE 17. – FORCE MAJEURE
All circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations are considered grounds for exemption from the obligations of the parties and result in their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.
All irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, will be considered as force majeure. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers and government health measures.
The parties will come together to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the force majeure event lasts longer than three months, these general conditions may be amended. siliated by the injured party.
ARTICLE 18. – INTELLECTUAL PROPERTY
The content of the website (technical documents, drawings, photographs, etc.) remains the property of the seller, the sole holder of the intellectual property rights over this content.
Buyers agree not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and is liable to constitute an offense of counterfeiting.
ARTICLE 19. – DATA PROCESSING AND FREEDOMS
The personal data provided by the buyer are necessary for processing their order and preparing invoices.
They may be communicated to the seller’s partners responsible for the execution, processing, management and payment of orders.
The processing of information communicated via the website www.keeth.fra is subject to a declaration to the CNIL.
The buyer has a right of permanent access, modification, rectification and opposition with regard to information concerning him. This right can be exercised under the conditions and according to the methods defined on the website www.keeth.fr.
ARTICLE 20. – PARTIAL NON-VALIDATION
If one or more stipulations of these general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force. and their scope.
ARTICLE 21. – NON-WAIVER
The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation. in question.
ARTICLE 22. – TITLE
In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
ARTICLE 23. – LANGUAGE OF THE CONTRACT
These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.
ARTICLE 24. – MEDIATION
The buyer can use conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or any alternative dispute resolution method (conciliation, etc.) in the event of a dispute.
The buyer can access the online dispute resolution (ODR) platform via the following electronic link:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
This link is applicable in Europe.
ARTICLE 25. – USE OF PERSONAL DATA
Personal data will not be used for the purpose of sales canvassing and will remain for the purpose of necessary contact concerning the buyer’s order.
The buyer has the possibility of registering on the list of opposition to canvassing:
http://www.bloctel.gouv.fr/
ARTICLE 26. – APPLICABLE LAW
These general conditions are subject to the application of French law, to the exclusion of the provisions of the Vienna Convention. This is the case for the substantive rules as well as for the formal rules. In the event of a dispute or complaint, the buyer will first contact the seller to obtain an amicable solution.
ANNEX
Provisions relating to legal guarantees
ARTICLE L211-4 OF THE CONSUMER CODE
The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility.
ARTICLE L211-5 OF THE CONSUMER CODE
To be in conformity with the contract, the good must:
1 ° Be suitable for the use usually expected of a similar good and, where applicable:
– correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;
– present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2 ° Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
ARTICLE L211-12 OF THE CONSUMER CODE
The action resulting from the lack of conformity lapses two years after delivery of the goods.
ARTICLE L211-16 OF THE CONSUMER CODE
When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or the rrepair of movable property, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the buyer’s request for intervention or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.
ARTICLE 1641 OF THE CIVIL CODE
The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer has not acquired it, or has not acquired it. would have given a lower price, if he had known them.
ARTICLE 1648 OF THE CIVIL CODE
The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.
In the case provided for by article 1642-1, the action must be brought, under penalty of foreclosure, within one year of the date on which the seller can be discharged from apparent defects or lack of conformity.

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