GENERAL CONDITIONS OF SALE - INTERNET
Effective at 01 / 01 / 2017
ARTICLE 1 - Scope
These General Terms and Conditions (called "Terms") apply, without restriction or reservation to all sales made by the Seller with a non-professional ( "Customers or the Customer") who wish to acquire products available for sale ( "Products") by the Seller on the site https://www.192kb.com/. The Products offered for sale on the site are:
The main characteristics of products, including specifications, illustrations and indications of size or capacity of the products are presented on the site https://www.192kb.com/ what the customer is required to read before ordering.
The selection and purchase of a product are the sole responsibility of the Customer.
The products offers are in stocks, as specified when placing the order.
These Terms are accessible at any time on the https://www.192kb.com/ website and prevail over any other document.
The Customer declares to be aware of these Terms and have accepted by checking the box provided for this purpose before the implementation of the online ordering process https://www.192kb.com/ site.
Unless proved otherwise, the data recorded in the computer system of the Vendor constitute proof of all transactions with the Customer.
The coordinates of the Seller are:
192kb.com France / Stanislas KABA
Share capital of 25800 euros
Registered with the RCS PARIS under the number 79074977400010
234 75018 Rue Championnet PARIS
phone: + 33 (0) 6 51 79 86 48
VAT number GB 68 7907749774
The products presented on the https://www.192kb.com/ site are offered for sale for the following territories:
For orders to countries other than France, the Customer is the importer of the products concerned.
For all products shipped outside the European Union and overseas territories, the price will be calculated excluding taxes automatically on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable. They will be charged and are the sole responsibility of the Customer.
ARTICLE 2 - Price
The Products are supplied at the rates listed on the site https://www.192kb.com/, upon registration of the order by the Seller.
Prices are in Euros and without VAT.
The rates take into account any reductions granted by the Seller on the site https://www.192kb.com/.
These prices are firm and not subject to revision during their period of validity but the Seller reserves the right, without validity period, to change prices at any time.
Prices do not include processing fees, shipping, transportation and delivery, which are charged in addition to the conditions indicated on the site and calculated before placing the order.
The cash the Customer is the total amount of the purchase, including those costs.
An invoice is issued by the Seller and delivered to the Customer upon delivery of the ordered products.
ARTICLE 3 - Orders
It is the Customer to select the site https://www.192kb.com/ the products they wish to order, as follows:
Upon receipt of the order, it is checked by our sales department. The order is then prepared. The shipment of the order is made and payment is validated and perceived: a send confirmation email is sent to the customer. After confirmation of receipt by the carrier, the bill is sent to the customer by mail or by mail if it so requests ..
Product offers are valid until they are visible on the site, subject to availability.
The sale will be considered valid only after full payment. It is the Customer to check the accuracy of the order and report any errors immediately.
Any order placed on the site https://www.192kb.com/ is the formation of a distance contract between the Customer and the Seller.
Seller reserves the right to cancel or refuse any order from a customer with whom there is a dispute over payment of a previous order.
Customers may track the evolution of his order on the site.
Any cancellation of the order by the Customer after its acceptance by the Seller will only be possible in 1 days at most after acceptance of the order by the Seller and as delivery did not take place (irrespective of the provisions relating to application or not the legal right of withdrawal).
ARTICLE 3 Bi - Customer Center - Account
To order, the customer is prompted to create an account (personal space).
To do this, he must register by completing the form that will be offered at the time of his order and agrees to provide truthful and accurate information about their marital status and contact information, including email address.
Customer is responsible for updating the information provided. It is stated that he can change by logging into their account.
To access their personal and historical space control, the Customer must identify themselves with their user name and password that will be communicated after the registration and which are strictly personal. As such, the Customer prohibits disclosure. Otherwise, it will remain solely responsible for the use that will be made.
Customers may also request its unsubscribe by visiting the dedicated page on his personal space or sending an email to: firstname.lastname@example.org. This will be effective within a reasonable time.
In case of non compliance with the terms of sale and / or use, the site https://www.192kb.com/ will have the possibility to suspend or close the account of a client after formal notice sent through electronics and remained ineffective.
Any removal of account, whatever the cause, produces the complete removal of all of the Client personal information.
Any event due to a case of force majeure resulting in a malfunction of the site or server and subject to any modification or interruption for maintenance, not binding on the Seller's liability.
The account creation entails the acceptance of these terms of sale.
ARTICLE 4 - Payment
The price is paid by way of secure payment, as follows:
- payment by credit card
The price is payable by the Customer in full on the day of placing the order.
Payment data is exchanged in encrypted mode using the protocol defined by the authorized worker payment provider for banking transactions carried out on the site https://www.192kb.com/.
Payments made by the Customer will be considered final only after actual receipt of money owed by the Seller.
The Seller will not be required to make delivery of products ordered by the Customer if the latter did not pay him the price in full within the conditions listed above.
ARTICLE 5 - Deliveries
Products ordered by the Customer will be delivered in metropolitan France or in the / the following areas:
Deliveries occur within 48 hours in working days to the address indicated by the Customer in his order on the site.
The delivery consists of the transfer to the Client the physical possession or control of the product. Except for special cases or unavailability of one or more products, the products ordered will be delivered at once.
Seller agrees to use its best efforts to deliver the products ordered by the Customer within the time specified above. However, these deadlines are provided for information only.
If the ordered products are not delivered within 72 hours after the stated delivery date for any reason other than force majeure or because of the Customer, the sale may be canceled at the written request of the Customer in accordance with Articles L-216 2, 216-3 and L-241 L4 of the consumer Code. The sums paid by the customer will be refunded at the latest within fourteen days from the date of termination of the contract, to the exclusion of any compensation or deduction.
Deliveries are made by an independent carrier, to the address mentioned by the customer when ordering and to which the carrier may easily access.
When the Customer is itself responsible to hire a carrier he chooses himself, delivery is deemed to be made upon delivery of the Products by Seller to the carrier which has accepted them without reservation. The Client therefore recognizes that it is the carrier that it is to make delivery and has no warranty claims against the Seller if failure to deliver the goods carried.
In case of special request of the Customer relating to packaging requirements and transport of the products ordered, duly accepted in writing by the Seller, the costs are related will be additional specific billing on estimate previously accepted in writing by the customer.
The Customer is required to check the status of the delivered products. It has a period of 15 days after the delivery to submit complaints via E-Mail, Mail, Phone, accompanied by all supporting documents relating thereto (including pictures). After this time and failing to comply with these formalities, the Products will be deemed compliant and free from defect and no claim will be validly accepted by the Seller.
The Vendor will refund or replace as soon as possible and at his expense, Products delivered where non-compliance or apparent or hidden defects have been duly proved by the Customer, in accordance with Articles L 217-4 and following of consumer Code and those provided for in these Terms.
The transfer of risk of loss and damage thereto, will be realized only when the customer takes physical possession of the products. Products thus travel at the risk of the Seller unless the Customer has itself chosen the carrier. As such, the risk passes at the time of delivery of the property to the carrier.
ARTICLE 6 - Transfer of ownership
The transfer of ownership of the products of the Seller will occur only after full payment by the latter, and this whatever the delivery date of the Products.
ARTICLE 7 - Right of withdrawal
Under the terms of Article L221-18 the Consumer code "The consumer has a period of fourteen days to exercise his right of withdrawal from a distance contract, following a telephone solicitation or off establishment, without having to justify its decision or to bear other costs than those provided for in Articles L. 221-23 221-25 L..
The period mentioned in the first paragraph shall run from the day:
1 ° From the contract for service delivery contracts and those referred to in Article L. 221-4;
2 ° From receipt of the goods by the consumer or a third party other than the carrier, designated by him, for contracts of sale of property. For off-premises contracts, the consumer can exercise his right of withdrawal from the contract.
In the case of an order for several goods delivered separately or in the case of an order of a good consisting of multiple lots or pieces with delivery spread over a defined period, the period runs from receipt the last good or lot or the last piece.
For contracts providing for the regular delivery of goods during a defined period, the period runs from the receipt of the first well. "
The right of withdrawal may be exercised in line with the attached withdrawal form and also available on the website or in any other statement, unambiguous, expressing the will to retract including by mail addressed Seller the postal address or email indicated in Article 1 of the GTC.
The returns should be in their original condition and complete (packaging, accessories, manuals ...) for their remarketing in new condition, along with the invoice.
Products damaged, soiled or incomplete will not be accepted.
Return costs remaining at the Customer.
The exchange (subject to availability) or reimbursement will be made within 14 days from the receipt by the Seller of the Products returned by Customer in accordance with this section.
ARTICLE 8 - Seller Liability - Warranties
Products supplied by the Seller benefit:
- the legal guarantee of conformity for defective products, damaged or damaged or not corresponding to the order,
- the legal guarantee against hidden defects from faulty material, design or manufacture affecting the delivered products and making them unfit for use,
Provisions for legal guarantees
Article L217-4 of the Consumer Code
"The seller must deliver goods in conformity with the contract and liable for defects of conformity existing upon delivery. It also addresses the lack of conformity resulting from the packaging, instructions for assembly or installation when it was put to him by the contract or was carried out under his responsibility. "
Article L217-5 of the Consumer Code
"The well is consistent with the contract:
1 ° If it is specific to the normally expected of a similar good and, if applicable:
- if it matches the description given by the seller and possess the qualities that he has presented to the buyer as a sample or model;
if it has the features that a buyer might reasonably expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling;
2 ° Or if it has the characteristics defined by mutual agreement by the parties or fit for any particular purpose for which the buyer made known to the seller and the latter accepted. "
Article L217-12 of the Consumer Code
"The action resulting from lack of conformity lapses two years after delivery of the goods. "
Article 1641 the Civil Code.
"The seller must guarantee in respect of hidden defects of the thing sold which render it unfit for the use for which it was intended, or that decrease this use that the buyer would not have acquired, or n 'have paid a lower price if he had known. "
Article 1648 1er paragraph of the Civil Code
"The action resulting from latent defects must be brought by the purchaser within two years after discovery of the defect. "
Article L217-16 of the Consumer Code.
"When the buyer asks the seller, during the course of the commercial guarantee which was granted to it during the acquisition or repair of personal property, a shed covered by state guarantee, any period of immobilization at least seven days is added to the duration of the warranty still to run. This period runs from the buyer's request to intervene or the provision for repair of the goods concerned, if this provision is after the intervention request. "
In order to assert its rights, Customer shall notify the Seller in writing (email or mail) to the non-conformity of products or the existence of hidden defects after their discovery.
The Seller will pay, will replace or repair the products or parts under warranty deemed non-compliant or defective.
The shipping costs will be reimbursed on the basis of the invoiced price, return costs will be reimbursed on presentation of receipts.
Refunds, replacements or repairs defective or non-compliant products found to be made as soon as possible and at the latest within 10 days of finding the Seller the lack of conformity or hidden defect. This refund will be made by bank transfer or check.
Seller's liability shall not be incurred in the following cases:
- Non-compliance with the legislation of the country where the products are delivered, it is the Customer's check,
- in case of misuse, use for professional purposes, neglect or lack of maintenance by the Client, as in case of normal wear and tear of the Product, accident or force majeure.
- Photographs and graphics presented on the site are not contractual and do not engage the responsibility of the Seller.
The warranty of the seller is in any case limited to replacement or refund of non-conforming products or given a defect.
ARTICLE 9 - Informatique et Libertés
Under the 78 17-law of January 6 1978, it is reminded that personal data requested from the Customer is required to process the order and preparing invoices, for example.
These data may be disclosed to any partners of the Seller responsible for the implementation, processing, management and payment orders.
The treatment of the information through the Site https://www.192kb.com/ has been has been declared to CNIL number 2045054 0 v.
The Customer has, in accordance with national and European regulations of a permanent right of access, modification, rectification and opposition with regard to information about it.
This right may be exercised in the manner described under "imprint" of the site https://www.192kb.com/.
ARTICLE 10 - Intellectual Property
Site content is the property of https://www.192kb.com/ Seller and its partners and is protected by French and international laws on intellectual property.
Total or partial reproduction of this content is strictly prohibited and may constitute copyright infringement.
ARTICLE 11 - Applicable law - Language
These Terms and resulting operations that are governed by and subject to French law.
These Terms are written in French. If they are translated into one or more foreign languages, only the French text would prevail in case of dispute.
ARTICLE 11 - Disputes
For any claim thank you to contact customer service at the address or email the seller specified in Article 1 of these Terms.
The Customer is informed that he can in any case use a conventional mediation, with existing sectoral mediation bodies or any alternative dispute resolution (conciliation, for example) in case of dispute.
In this case, the designated mediator
E-mail : .
The customer is also informed that he can also use the Settlement of Litigation Online platform (ODR): https: event = //webgate.ec.europa.eu/odr/main/index.cfm main.home? .show
Any disputes which purchase and sale transactions concluded under these Terms and that would not have been a settlement between the seller or mediation, will be submitted to the competent courts in the conditions of law common.
Example of a withdrawal request to be returned by post or email
Formulaire de retractation
This form must be completed and returned only if the client wishes to retract the order placed on https://www.192kb.com/ except exclusions or limitations on the exercise of the right of withdrawal according to the General Conditions of Sale apply.
Attn 192kb.com France / Stanislas KABA
234 75018 Rue Championnet PARIS
I hereby notify the withdrawal from the contract on the property below:
- Control (date)
- Purchase order number: ......................................................... ..
- Client name : …………………………………………………………………
- Client Address: ..................................................................... ..
Customer signature (only if the notification of this form on paper)