General Terms and Conditions
The following General terms and condition are meant to determine the rights and duties and each party as part of online sale of goods from the seller to the buyer on the website www.keeth.fr
These sales include the entire goods currently on the website www.keeth.fr
I. ABOUT US
SDK Company (the “Company” hereinafter) is a Limited Liability Company owning a share capital of 12.000 euros, which headquarters is situated 20 route de vilemur – 31 620 VILLAUDRIC and we are registered at the Commercial and acompanies register under the number 842 981 250. The Company sell to its clients via its Website, the following items: Teeth whitening products.
The Company invite the Users to read carefully these General Terms and Conditions (“GTC” hereinafter). The placing of a Purchase Order on our Website involves the acceptance of the GTC. The Products specifications are given on the Website. It is the Customer’s responsibility to take the GTC into account before purchasing. The pictures and graphics elements on this Website are non-contractual.
The Customer confirms that he has read carefully and accepted the GTC by checking the box provided before making his Purchase Order online
The GTC set the terms under which the Company sells its Goods to its Professional Customers and to Consumers via its Website. They are implemented to any sale made by the Company and opposable to any contradictory document, especially the Customer’s purchasing terms.
They are systematically given to the Customer who requests them.
In the event of subsequent changes of the GTC, the Customer is subject to the version applicable when he made his Purchase Order.
“Customer”: means a Professional or a Consumer who have made a Purchase Order to buy a Good sold on our Website
“Purchase Order”: means any order made by the User registered on this Website
“General Terms and Conditions” or “GTC”: means the general terms and conditions of online use and sale.
“Consumer”: means any legal or natural person who is acting for a purpose which is outside his professional needs or business.
“Goods”: means the material elements that can be bought, that are offered for sale on this Website.
“Professional”: means a buyer, a legal or natural one, who is acting is the course of business.
“Website”: means the current website, which is www.keeth.fr
“Company”: means the SDK Company, described more fully at the article I of these GTC and
“User”: means any person, natural or legal, using this Website
The registration is possible for any legal or natural person in full legal personality and capacity.
Using this Website is determined by the registration of a User. The registration is free.
To register, the User must fill in al the mandatory field; or the registration will not be possible.
The Users guarantee and swear on their honour that the all the information given on the Website, especially when they register, are precise and accurate. They commit to update their personal information from the page provided on the account page.
Every User registered is given a username and a password. These elements are strictly personal and confidential, and they shall not be given to third parties at the risk of the account deletion of the User that doesn’t respect these terms. Every User registered is personally responsible to preserve the confidentiality of their username and password. The Company will not be held responsible for the identity theft of a User. If a User has any suspicion about a fraud at any time, he will have to contact the Company as soon as possible, so that it can take necessary measures to sort the situation out.
Every User, whether he is a legal or natural person, can only have a unique account on the Website
In case of violations of the GTC, especially the creation of several accounts for a single person or providing fake information, the Company reserves its right to delete temporarily or definitively all the accounts created by the User that doesn’t respect these terms.
An account deletion leads to the definitive loss of all the advantages and services obtained on the Website. Yet, any Purchase Order placed and paid via the Website before the account deletion will be executed in normal conditions.
In the event of an account deletion by the Company because of a breach of duties and obligations stated in the GTC, it is strictly forbidden to the User that has not respected the terms to register again on the Website, using another email address or thanks to a third party without an express authorization from the Company.
V. PURCHASE ORDERS
A Purchase Order can only be placed once the User is registered on the website. When the User is connected via his account, he can add Goods to his virtual cart. Then he can have access to an order summary of his virtual cart to confirm the Goods he wants to order and place his Purchase Order by clicking on “Order”.
He will have to give an address, a delivery method and a valid payment method to complete the Purchase Order and create effectively the sales contract between him and the Company. A Purchase Order is determined by the acceptance of the prices of the Goods sold, as well as the delivery method and delivery time mentioned on the Website.
Once the Purchase Order is made, the User will receive a confirmation email. This confirmation will summarize his Order and all the useful information concerning the delivery. Placing a Purchase Order means concluding a distance selling contract between the Company and the Customer.
The Company can grant discounts and price cuts to the Customer depending on the amount of available Goods on the Website or on the regularity of the Purchase Orders, according to the terms decided by the Company.
VI. GOODS AND PRICES
The Goods concerned by the GTC are those appearing on the Website, that are sold and sent directly by the Company.
The Goods are described on the pages provided on the Website, and all of their basic characteristics are given. The purchase is subject of the availability of the Company. The Company can’t be held responsible for stock shortage or for the inability to sell a Good which stock is non-existent.
When a registered User wants to buy a Good sold by the Company via the Website, the price indicated on the page is the price in euro, including VAT, excluding shipping costs and it includes the discounts applicable and in force on the day the Purchase Order is placed. The price does not include the shipping costs that will be detailed if necessary, in the order summary before the Purchase Order is confirmed. If the total cost of the Goods is not calculable in advance, the Company will give to the Customer a detailed estimate showing how the price is computed.
It won’t be possible in any case for a User to demand the application of discounts that were not in force on the day of the Purchase Order.
The shipping costs can vary depending on the geographic area of the delivery address given by the Customer when he places an order.
VII. PAYMENT TERMS
Unless otherwise provided, every purchase is paid outright when the Purchase Order is placed.
Depending on the nature on or the amount of the Purchase Order, the Company is free to request a deposit or a payment of the entire price when the Purchase Order is placed or upon the receipt of invoice.
The payments can be made with:
-Credit Card via a secured connexion.
In the event of a default of payment of the Goods at the agreed date the Professional Customer will have to pay delay penalties equal to the interest rate applied by the European Central Bank to its refinancing operation increased by 10 percentage points. The refinancing operation applied is the most recent at the date of the Ordering of services.
In addition to the delay penalties, any amount, including the deposit, if the Professional Customer does not pay when due, he will have to pay a flat-rate allowance of 40 euros owed in respect of recovery fees.
In the event of total or partial default of payment at the agreed date mentioned on the invoice, the Professional Customer will have to pay to the Company a delay penalty whose rate is equal to the legal interest rate.
No compensation may be made by the Customer between the delay penalties for the supply of the Goods ordered and amounts owed by the Customer to the Company in respect of the purchase of Goods on the Website.
The penalty owed by the Customer, whether he is a Professional or a Consumer, is calculated based on the amount inclusive of taxes of the outstanding sum and shall be applied from the date the price is due without any prior formal notice being necessary
The Goods are delivered exclusively in the following geographic areas:
European continent: France, Corsica, overseas territories and all European countries.
North America: delivery in every North American countries
South America: deliveries in all South American countries
Asia: deliveries in all Asian countries
Oceania: deliveries in all countries in Oceania
The shipping costs can change depending on the geographic area of the delivery address given by the Customer when he ordered.
The Company is committed in using every human and material resources so that the Goods are delivered as soon as possible. The delivery time can change depending on the geographic area the Customer lives in, on the delivery mode chosen, or on the Good that have been ordered.
In the event of a situation where the delivery deadline has passed 10 days ago, except in cases of force majeure; the Customer can request a termination of the contract via a registered letter with recorded delivery, after having already asked to the Company to deliver the order within an additional reasonable period under the same terms, and if the Company didn’t meet his request.
The Customer will be reimbursed within 30 days if he has already paid his purchase order.
If it is impossible to deliver, because of a mistake in the address given by the Customer, the Company will contact him as soon as possible to get a new address and the potential additional shipping costs shall be paid by the Customer.
Furthermore, le Company’s liability cannot be incurred for grounds related to non-compliance with the deadline:
- In times of peak demands, such as the festive season at the end of the year,
- For delays caused by reasons of force majeure, which means because of an outside, unforeseeable event that is impossible to resist.
- Because of facts exclusively attributable to the carrier in charge of the delivery.
The delivery is made, depending on the Customer’s choices and on the prices indicated on the Website: at the address given by the Customer when he placed the Purchase Order via simple post.
For any Purchase Orders made on this Website, the Customer has a right of appeal of 10 days from the day the order is delivered. He has the responsibility to check the condition of the Goods when they are delivered. In the absence of concerns expressly made at the delivery, the Goods are held to be in conformity with the Customer’s Purchase Order.
To exercise this right of claim, the Customer must send to the Company, at this email address: firstname.lastname@example.org, a declaration in which he express his concerns and claims, completed by supporting documents (delivery slip countersigned by the carrier, pictures…)
Claims that do not comply with the terms stated above shall not be accepted.
The Company will repair, replace or reimburse the Goods or its components as soon as possible at its own expense depending on the material ability or the Good availability.
X. RIGHT OF WITHDRAWAL
The Customer has a right of withdrawal of 14 days from the placement of the Purchase Order , except for the goods stated at the article L.121-21-8 of the Consumer Code.
To exercise this right of withdrawal, the Customer will have to send a statement at this following email address: email@example.com
The Goods must be returned in their original packaging and in perfect condition within 15 days from the notification of the withdrawal to the Company by the Consumer.
The Customer will be entirely reimbursed for his Purchase Order within the 14 days following the Company’s acknowledgement of his withdrawal.
The reimbursement will be made via the same payment method used to purchase.
XI. TITLE AND RISKS
The Company has a right of ownership over the Goods sold until they are completely paid by the Customer. Therefore, the Company can take these Goods back in case of non-payment. In that case, the Company will keep the deposits as compensation.
For the Professional Customers, the transfer of risks occurs as soon as the goods are handed over to the carrier. For the Customers Consumers, the transfer of risks occurs at the delivery or at the goods withdrawal at the store when the Customer has chosen a in-store delivery.
Icons from the Noun Project : Blueberries – Created by Blair Adams. Raspberry – Created by Blair Adams. Coco – Created by BomSymbols. Mint – Created by Till Teenck. Lemon – Created by Blair Adams. Strawberry – Created by Blair Adams. Mango – Created by Imogen Oh. Delivery truck – Created by Strongicon.com. Heart – Created by liz borchert. Labs – Created by Graphic Enginer. Megaphone – Created by Sergey Demushkin. Spray – Created by Ayub Irawan
XII. LEGAL ASSURANCES
The Goods sold on the Website comply with the legal terms stated in the Consumer Code and the Civil Code, such as reproduced below:
Article L.211-4 of the Consumer Code: “The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery. Updated 02/17/2005 – Page 29/114 CONSUMER CODE He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefor or had it carried out under his responsibility”
Article L.221-5 of the Consumer Code: “To conform to the contract, the product must: 1. Be suitable for the purpose usually associated with such a product and, if applicable:
– correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;
– have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling;
- Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to”
Article 1641 of the Civil Code: “The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects.”
Any Goods resold that is altered, modified or transformed is not under warranty.
The warranty is limited to the replacement or the reimbursement of the non-compliant or defective goods. The warranty excludes cases of misuse or abnormal use of the goods as well as the case where the goods doesn’t comply with the legislation of the country where it is being delivered.
The Customer shall tell the Company about defects within two years. The Company will fix the goods considered as defective insofar as possible. If the Company’s liability is occurred, the warranty is limited to the price excluding taxes paid by the Customer for the supply of the goods.
The Goods replacement doesn’t extend the period of the warranty
The Company has the exclusive right to modify the Website, the GTC as well as all the delivery methods or other constituent parts of the services provided by the Company via this Website.
When a Purchase Order is placed, the User is subject to the terms stated in the GTC in force and applicable when the Purchase Order is placed.
XIV. DATABASE AND PRIVACY
In compliance with the law of January 6th 1978, the personal data requested from the Customer are absolutely necessary to process his Purchase Order
They can be communicated to the partners in charge of processing the Purchase Orders. The User may therefore receive information or commercial offers from the Company or its partners. This data processing is subject to a declaration to the CNIL.
In accordance with the act of January 6th 1978 on Information Technology, Data Files and Civil Liberties, at any time, the Customer has the possibility to have access to his data, to rectify them, or to appeal, by writing at this following address: firstname.lastname@example.org. The User can, at any time, appeal against commercial offers he receives, writing to the address below, or clicking on the link provided in the e-mails he receives.
For an optimal navigation on the Website for every User, and for better interface and apps, the Company may place a cookie on the User’s computer. This cookie is used to gather to information concerning the browsing on the website, and concerning the potential data entered by the Users (especially his researches, login, e-mails, password).
The User expressly allow the Company to place on the User’s hard drive, a “cookie” file
The User has the possibility to block, modify the period during which the information are kept, or to delete the cookie on his browser. If the systematic disabling of cookies on the User’s browser prevents him from using some services or functions on the Website, this malfunction cannot in any case be considered as a damage for the user, and it will not be possible to claim damages.
The Company cannot be held responsible for the temporary or permanently unavailability of the Website and although the Company is constantly implementing measures to make sure to provide services, it is still possible that it might be interrupted at any time. Furthermore, the Company has the exclusive right of making the Website unavailable for any updating, maintenance or improving operations.
As stated below in these GTC, the Company cannot be held responsible for delayed deliveries, or for unforeseeable and unavoidable reasons, beyond its control, or for faults it cannot be blamed for.
XVI. INTELECTUAL PROPERTY
The brand, the logo, and the graphic charter on this Website are registered trademark with the INPI and intellectual works protected by the copyright, a copyright owned exclusively by the Company. Any partial or full reproduction, representation, distribution and/or use of this content is forbidden, unless under prior explicit and written authorization by the Company. In the absence of authorization by the Company, civil actions and criminal prosecution can be instituted.
XVII APPLICABLE LAW
The law regulating the GTC is the French law. Any litigations between the Company and a User will be subject to an attempt of amicable resolution. Otherwise, the litigations will be brought to the attention of the general competent courts.
XIII. ACCEPTANCE OF GTCS
The Customer, or User expressly agrees to the GTC. He declares that he has read them carefully and waives any other document, especially his own general purchasing terms
The Customer acknowledges that the is aware of the information referred to in the articles L.111-1 to L.111-7 of the Consumer Code, and especially:
– the essential characteristics of the Goods,
– the prices
The date or the period the Company is committed to provide the Service;
The information concerning the Company (address, phone number, e-mail address)
The information concerning legal and contractual guarantees, and the implementing rules
The possibility of using conventional mediation in the event of litigation;
The information concerning the right of withdrawal (deadline, procedure…)