GENERAL TERMS AND CONDITIONS OF SALE
The following provisions establish the general conditions of sale of products offered by the company KMS on its commercial site at the following address: aandk.fr The company KMS invites you to read carefully the following clauses. The company KMS specifies that it is not possible to buy goods without accepting these conditions provided below.
ARTICLE 1 – Purpose
This contract determines the rights and obligations of the company KMS and of the consumer in the context of the sale of goods offered by the company KMS on its commercial website (aandk.fr). The general conditions of sale constitute the entirety of the rights and obligations of the parties, no other condition can be integrated into them. As this is a contract concluded at a distance on an electronic mode, the company KMS intends to identify itself to the consumer.
VAT : FR 16 408 374 528
ARTICLE 2 – Contractual documents
The present contract is formed by its general terms and conditions of sale and by decreasing order of legal value, the order form.
ARTICLE 3 – Applicable law and jurisdiction
The present conditions are subject to French law. The competent court in the event of a dispute will be that of the defendant’s place of residence or, at the choice of the plaintiff, the place of actual delivery of the product. This site does not give any guarantee of conformity with local legislation, as soon as you access the site from other countries.
ARTICLE 4 – Characteristics of the goods and services offered
Consumers have the possibility to place their order only on the present commercial site. The order can only be registered on the site if the consumer has identified himself/herself by login / password, which are strictly personal and delivered by email upon registration. The company KMS informs the consumer of all the essential characteristics of the goods offered. These characteristics appear in support of the photograph illustrating the product. The company KMS invites the consumer to read these characteristics carefully. In general, these characteristics concern the sizes/models/dimensions, quantities, 2 colours and components of the goods offered. Unless otherwise specified, the company KMS does not limit the goods offered geographically. For some items, the offer is made for a specific period of time or according to limited stocks, the consumer should pay attention to the limit of validity of the offer in time. The consumer is aware that the goods will be delivered by post. The consumer acknowledges that the photograph representing the product on this website is only indicative. Alterations may indeed appear due to the processing of the photo.
ARTICLE 5 – Commitment
When the consumer validates his or her order, he or she is then irrevocably bound, acceptance cannot be questioned except in application of article 9.
ARTICLE 6 – Prices
The prices are indicated in euros including all taxes. These prices do not include a fixed contribution to the processing costs (postage, packaging and preparation of the package according to the amounts in force). The VAT applicable on the day of the order is taken into account. Any change in the applicable rate may be reflected in the prices of the products. However, prices cannot be modified once the customer’s order has been validated. Prices indicated on the site are guaranteed for the duration of the online availability. If the delivery takes place outside the territory of the European Union, customs taxes and related formalities remain the exclusive responsibility of the consumer. The consumer undertakes to check the conformity of the delivery with the country of delivery.
ARTICLE 7 – Order confirmation
To ensure the consumer’s willingness, the company KMS via TRANSPORTS ACHILLE undertakes to confirm any order. On this confirmation will appear the mention of the ordered good, its price, the method of payment as well as its terms of delivery by e-mail at the latest at the time of delivery. Consumers have the possibility of modifying their basket before the final validation, this stage finalising the sale. The company KMS via TRANSPORTS ACHILLE, commits itself to deliver the orders received on the commercial site only within the limit of the available stocks of products.
ARTICLE 8 – Proof
These order confirmations will be archived at the KMS company centre and will be considered as proof of the nature of the agreement and its date in the sense of the law of 13/03/2000.
ARTICLE 9 – Withdrawal period / Refund and exchange
The consumer has a withdrawal period of 7 days from the date of receipt of the goods ordered or the execution of the service (except for personalized products). The goods must be returned in new condition, unused, complete with accessories if necessary. The consumer must attach the order number to the request and specify the reason for the return. The shipping costs for the return of an item are at the expense of the consumer. The reimbursement takes into account the price of the product at the time of the customer’s purchase. If the consumer exercises his or her period of retractability and asks for a refund, the company KMS via TRANSPORTS ACHILLE commits itself to refund the sum paid within a maximum of 30 days after reception and checking of the 3 returned product. The consumer can also choose to exchange the product (if it is still available).
All complaints should be addressed to firstname.lastname@example.org
Route De Paris
ARTICLE 10 – Delivery and shipping costs
The company KMS via TRANSPORTS ACHILLE, undertakes to deliver the products ordered within 30 days from the order. If the goods are unavailable, the consumer will be informed as soon as possible and will be able to cancel his or her order. He or she may then request a refund. The products are delivered to the address indicated by the consumer on the order form. All complaints must be addressed to email@example.com. The consumer is to check the general aspect of the packing of the delivered product; in case of damage, the consumer is to indicate it on the order form. He or she will inform the company TRANSPORTS ACHILLE within 3 days. In case of non-conformity of the delivered good, the company KMS (via TRANSPORTS ACHILLE) commits itself to exchange the product (if availability of the concerned article) or to refund the consumer. The shipping costs are accounted for all the articles. In case of exchange, the shipping costs will be re-invoiced.
ARTICLE 11 – Payment
For each product offered for sale, the consumer has the following payment options: – immediate payment by credit card (Carte Bleue, Visa and Eurocard/Mastercard). The consumer’s account is debited when the order is placed. The consumer certifies that he/she has the necessary authorisation to make the payment. The payment order may be revoked in the event of fraudulent use of the bank card, in accordance with the agreement concluded between the consumer and his or her bank.
ARTICLE 12 – Personal information
For the proper processing of the order, the personal data collected will be subject to computer processing, the consumer acknowledges having knowledge thereof. The consumer is guaranteed on this website the confidentiality of the information communicated. In accordance with Articles 27 & 34 of Law No. 78-17 of 6 January 1978, “Informatique et Libertés” (relating to computers, files and public freedoms), the consumer has a right to access, modify, rectify and delete data concerning him or her. This computer processing has been declared to the CNIL, under the following number 1499872.
ARTICLE 13 – Technical security
The companies SOGENACTIF / ATOS use encryption means to secure the transactions, these means have been specifically authorised in accordance with the legislation in force. 4
ARTICLE 14 – Settlement of disputes
In certain cases, such as non-payment, wrong address or other problems on the customer’s account, the KMS company reserves the right to block the order while waiting for a solution. In the event of a dispute arising from the present contractual relationship, the parties undertake to seek an amicable solution before any legal action is taken. The parties agree that any dispute arising from the present contract falls under the exclusive jurisdiction of the courts of the city of Paris (France). The present general terms and conditions of sale are applicable as of 22 July 2020.