Terms and conditions of sale

ARTICLE 1 - Scope

These Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by BENOIT HERICHI LE BRIS ("the Seller") with consumers and non-professional buyers ("the Customers" or "the Customer") wishing to purchase the products offered for sale by the Seller ("the Products") on the website https://kinessia.com

They set out in particular the conditions of ordering, payment, delivery and management of any returns of the Products ordered by Customers.

These Terms and Conditions of Sale may be supplemented by special conditions, set out on the website, before any transaction with the Customer.

These Terms and Conditions of Sale apply to the exclusion of all other conditions, in particular those applicable to sales in store or through other distribution and marketing channels.

They are accessible at all times on the website https://kinessia.com and shall prevail, where applicable, over any other version or any other contradictory document.

As these Terms and Conditions of Sale may be subject to later amendments, the version applicable to the Customer's purchase is the one in force on the website on the date the order is placed.

ARTICLE 2 - Products offered for sale

The main characteristics of the Products, in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the website https://kinessia.com

The Customer is required to read them before placing any order. The choice and purchase of a Product are the sole responsibility of the Customer.

The photographs and graphics presented on the website https://kinessia.com are not contractual and cannot engage the liability of the Seller.

The Customer is required to refer to the description of each Product in order to know its properties, essential particularities and delivery times, as well as, in the case of continuous or periodic supply of goods, the minimum duration of the proposed contract.

Contractual information is presented in French and is confirmed at the latest when the Customer validates the order.

ARTICLE 3 - Period of validity of the Product offer

Product offers are valid while stocks last, as specified when the order is placed.

ARTICLE 4 - Seller's contact details

The Seller's contact details are as follows:

BENOIT HERICHI LE BRIS

47 RUE VIVIENNE

75002 PARIS, FRANCE

Email: contact@kinessia.com

Telephone: +33 6 35 30 49 15

In accordance with the French Data Protection Act of 6 January 1978, reinforced and supplemented by the GDPR (General Data Protection Regulation) which came into force on 25 May 2018, the Customer has, at any time, a right of access, rectification, opposition, erasure and portability of all of their personal data by writing, by post and providing proof of identity, to the Seller's address mentioned above.

Validation of the order by the Customer constitutes acceptance without restriction or reservation of these Terms and Conditions of Sale.

The Customer acknowledges having the capacity required to contract and purchase the Products offered on the website https://kinessia.com

ARTICLE 5 - Orders

5-1 . Placing an order It is up to the Customer to select on the website https://kinessia.com the Products they wish to order, according to the following procedure:

The Customer has the possibility to check the details of their order, its total price and to correct any errors before confirming acceptance. It is their responsibility to check the accuracy of the order and to report or rectify any errors immediately.

An order is registered on the website https://kinessia.com when the Customer accepts these Terms and Conditions of Sale by ticking the box provided for this purpose and validates their order. This validation implies acceptance of all of these Terms and Conditions of Sale as well as the general terms of use of the website.

The sale is only final after the Seller has sent the Customer confirmation of acceptance of the order by e-mail, which must be sent without delay and after the Seller has received payment of the full price.

Any order placed, validated by the Customer and confirmed by the Seller, under the conditions and according to the procedures described above, on the website https://kinessia.com constitutes the formation of a distance contract concluded between the Customer and the Seller.

Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

The Customer can follow the progress of their order on the website https://kinessia.com under the "Order tracking" section.

The Seller does not intend to sell the Products on the website https://kinessia.com to professionals, but only to consumers or non-professionals, for their personal needs. The Seller therefore reserves the right to refuse orders for the same Product in quantities manifestly incompatible with personal use.

5-2 . Modification of the order Any changes to the order by the Customer can only be taken into account by the Seller within the limits of its possibilities and provided they are notified by e-mail to the following address: contact@kinessia.com to the Seller at least 2 days before the scheduled shipping date of the order.

In the event that these changes cannot be accepted by the Seller, any sums paid by the Customer when placing the order will be refunded within a maximum of 14 days from notification of the impossibility of accepting the changes requested by the Customer (unless the Customer prefers to receive a credit note or an exchange).

5-3 . Cancellation of the order Orders may be cancelled by the Customer, other than through the exercise of the right of withdrawal or in cases of force majeure, at least 2 days before the scheduled date for supply of the Products ordered, at no cost to the Customer.

ARTICLE 6 - Prices

The Products are supplied at the prices in force shown on the website https://kinessia.com when the order is registered by the Seller. Prices are expressed in Euros, inclusive of VAT.

Prices take into account any reductions granted by the Seller on the website.

These prices are firm and non-revisable during their period of validity, as indicated on the website, the Seller reserving the right, outside this period of validity, to change prices at any time. They do not include shipping and delivery costs, which are calculated according to the destination country and the delivery option chosen, and displayed to the Customer at checkout, before final validation of the order.

The payment requested from the Customer corresponds to the total amount of the purchase, including these delivery costs.

ARTICLE 7 - Payment terms

The price is payable in cash, in full on the day the Customer places the order, by secure payment, according to the following methods:

  • By bank card: Carte Bancaire, Visa, MasterCard, American Express, Maestro

Payment by bank card is irrevocable, except in the event of fraudulent use of the card. In this case, the Customer may request cancellation of the payment and refund of the corresponding sums.

ARTICLE 8 - Deliveries

The Products ordered by the Customer will be delivered in mainland France and internationally.

The delivery time corresponds to the shipping time indicated on the Product page plus the processing and transit time. Products are delivered within an average of 7 to 10 working days to the address indicated by the Customer when ordering on the website.

Delivery consists of the transfer to the Customer of physical possession or control of the Product. Except in special cases or if one or more Products are unavailable, the Products ordered will be delivered in a single shipment.

The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the time limits specified above. However, these times are given for guidance only. If the Products ordered have not been delivered within 30 days after the indicative delivery date, for any reason other than force majeure or the Customer's fault, the sale may be cancelled at the written request of the Customer under the conditions set out in articles L 216-2, L 216-3 and L241-4 of the French Consumer Code. The sums paid by the Customer will then be refunded no later than fourteen days following the date of termination of the contract, excluding any compensation or withholding.

In the event of non-conformity of the Product delivered, the Seller undertakes to remedy it or to refund the Customer, as indicated in the article "Seller's liability - Warranty".

The Seller bears the risks of transport and is required to refund the Customer in the event of damage caused during transport.

ARTICLE 9 - Transfer of ownership - Transfer of risk

Transfer of ownership of the Seller's Products to the Customer will only take place after full payment of the price by the latter, regardless of the delivery date of the said Products.

Whatever the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating to them will only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk.

ARTICLE 10 - Right of withdrawal

In accordance with the legal provisions in force, the Customer has fourteen days from receipt of the Product to exercise their right of withdrawal from the Seller, without having to give reasons or pay a penalty, for the purpose of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within fourteen days (at most 14 days following communication of the decision to withdraw) following notification to the Seller of the Customer's decision to withdraw.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be put back on the market as new, accompanied by the purchase invoice. Damaged, soiled or incomplete Products will not be accepted.

The right of withdrawal may be exercised online, using the withdrawal form available on the website https://kinessia.com, in which case an acknowledgement of receipt on a durable medium will be immediately sent to the Customer by the Seller, or by any other unambiguous statement expressing the wish to withdraw.

In the event of exercise of the right of withdrawal within the aforementioned period, only the price of the Product(s) purchased and the delivery costs are refunded; the return costs remain the responsibility of the Customer.

The refund will be made within fourteen days (at most 14 days) from notification to the Seller of the decision to withdraw.

ARTICLE 11 - Seller's liability - Warranty

The Products sold on the website https://kinessia.com comply with the regulations in force in France and have performance compatible with non-professional use.

The Products supplied by the Seller benefit automatically and without additional payment, independently of the right of withdrawal, in accordance with legal provisions:

  • from the legal guarantee of conformity, for Products that are apparently defective, spoiled or damaged or do not correspond to the order,

  • from the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and rendering them unfit for use,

under the conditions and according to the procedures set out in the box below and defined in the appendix to these Terms and Conditions of Sale (Guarantee of Conformity / Guarantee against Hidden Defects).

It is recalled that under the legal guarantee of conformity, the Customer has a period of two years from delivery of the goods to act against the Seller; may choose between repair or replacement of the Product ordered, subject to the cost conditions provided for in article L 217-9 of the French Consumer Code; is exempt from proving the existence of the Product's lack of conformity during the twenty-four months following delivery of the Product.

The legal guarantee of conformity applies independently of any commercial guarantee that may cover the Product. The Customer may decide to implement the guarantee against hidden defects of the Product in accordance with article 1641 of the French Civil Code; in this case, they may choose between cancellation of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.

The Seller will refund or replace Products or parts under warranty found to be non-compliant or defective. Shipping costs will be refunded on the basis of the rate invoiced and return costs will be refunded upon presentation of supporting documents.

Refunds for Products found to be non-compliant or defective will be made as soon as possible and at the latest within 14 days following the Seller's finding of the lack of conformity or hidden defect. The refund will be made by credit to the Customer's bank account.

The Seller's liability cannot be engaged in the following cases:

  • non-compliance with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to check,

  • in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.

The Seller's warranty is, in any event, limited to the replacement or refund of non-compliant or defective Products.

ARTICLE 12 - Protection of personal data

Pursuant to Law 78-17 of 6 January 1978 as amended by Law no. 2018-493 of 20 June 2018, it is recalled that the personal data requested from the Customer is necessary for processing their order and drawing up invoices, in particular. This data may be communicated to any partners of the Seller responsible for the execution, processing, management and payment of orders.

The processing of information communicated via the website https://kinessia.com meets legal requirements for the protection of personal data, the information system used ensuring optimal protection of this data.

In accordance with the national and European regulations in force, the Customer has a permanent right of access, modification, rectification, opposition, portability and limitation of processing with regard to information concerning them. This right may be exercised under the conditions and according to the procedures defined on the website https://kinessia.com.

ARTICLE 13 - Intellectual property

The content of the website https://kinessia.com is the property of the Seller and its partners and is protected by French and international intellectual property laws. Any total or partial reproduction of this content is strictly prohibited and may constitute an offence of counterfeiting, parasitism and unfair competition.

ARTICLE 14 – Unforeseeability

These Terms and Conditions expressly exclude the legal regime of unforeseeability provided for in article 1195 of the French Civil Code for all sales of Products by the Seller to the Customer. The Seller and the Customer therefore each waive the right to rely on the provisions of article 1195 of the Civil Code and the regime of unforeseeability provided therein.

ARTICLE 15 - Force majeure

The Parties cannot be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of article 1218 of the French Civil Code.

ARTICLE 16 - Applicable law - Language

These Terms and Conditions of Sale and the transactions arising from them are governed by French law. They are written in French. Should they be translated into one or more languages, only the French text shall prevail in the event of a dispute.

ARTICLE 17 - Disputes

All disputes to which the purchase and sale transactions concluded under these terms and conditions of sale may give rise, concerning their validity, interpretation, performance, termination, consequences and follow-up, and which could not be resolved between the seller and the customer, shall be submitted to the competent courts under the conditions of ordinary law.

The Customer is informed that they may in any event resort to conventional mediation, in particular with the Consumer Mediation Commission (French Consumer Code art. L 612-1) or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

Mediator for the website https://kinessia.com: CM2C, 14 rue Saint Jean, 75017 Paris, Tel: 01 89 47 00 14.

ARTICLE 18 - Pre-contractual information - Customer acceptance

The fact that a natural (or legal) person places an order on the website https://kinessia.com entails full and complete adherence to and acceptance of these Terms and Conditions of Sale and the obligation to pay for the Products ordered, which is expressly acknowledged by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Seller.

APPENDICES

APPENDIX 1 - Provisions relating to legal guarantees

Article L217-4 of the French Consumer Code The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this was made their responsibility by the contract or was carried out under their responsibility.

Article L217-5 of the French Consumer Code To conform to the contract, the goods must:

  • Be fit for the purpose usually expected of similar goods and, where applicable:

  • correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model

  • have the qualities that a buyer may legitimately expect given the public statements made by the seller, the producer or their representative, in particular in advertising or labelling

  • Or have the characteristics defined by mutual agreement between the parties or be fit for any special purpose sought by the buyer, made known to the seller and accepted by the latter.

Article L217-12 of the French Consumer Code Action resulting from lack of conformity is time-barred two years after delivery of the goods.

Article L217-16 of the French Consumer Code When the buyer asks the seller, during the course of the commercial guarantee granted at the time of acquisition or repair of movable property, for a repair covered by the guarantee, any period of immobilisation of at least seven days is added to the remaining duration of the guarantee. This period runs from the buyer's request for intervention or from the provision of the goods in question for repair, if this provision is subsequent to the request for intervention.

Article 1641 of the French Civil Code The seller is bound by a guarantee against hidden defects in the item sold which render it unfit for its intended use, or which so impair that use that the buyer would not have purchased it, or would have paid a lower price, had they known of them.

Article 1648 paragraph 1 of the French Civil Code Action resulting from latent defects must be brought by the purchaser within two years of discovery of the defect.

APPENDIX 2 - Withdrawal form

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on https://kinessia.com, except for exclusions or limits to the exercise of the right of withdrawal under the applicable Terms and Conditions of Sale.

To the attention of KINESSIA by e-mail: contact@kinessia.com

  • Order of: ...........................................................

  • Order number: ...........................................................

  • Customer name: ...........................................................................

  • Customer address: .......................................................................

Customer signature (only if this form is notified on paper)