Terms and conditions - Karyo Store

Preamble

The company KARYO SAS carries out its activities under the name " Karyo " and operates in particular its activities on the Internal Site karyo.store. The website karyo.store is open to all users of the Internet. KARYO's activity includes the sale on its website of products in the fields of hygiene, care and cleaning in built and outdoor environments.

The purpose of the present General Conditions of KARYO is to define the rights and obligations of the parties in the context of the sale of Karyo products and services to the customers of the karyo.store Internet site. They apply, without restriction or reserve, to all sales of products and services offered by KARYO on its Internet site karyo.store (hereafter called the "Site" or "the Internet Site").

Any order placed on the Site implies acceptance of these General Terms and Conditions of Sale, which the Customer acknowledges having read, understood and accepted in full knowledge of the facts.

The present General Conditions of Sale are available only in French, this version being the only valid one. The Customer has the option of saving and printing them. The present General Terms and Conditions of Sale are subject to French law and to the French standards in force. KARYO reserves the right to modify the present General Terms and Conditions of Sale at any time, without prior notice, it being understood that such modifications will be inapplicable to reservations and orders previously accepted and confirmed by the Customer.

Company details

The website karyo.store is edited by the simplified joint stock company KARYO with a capital of 1 600 euros, whose head office is located at 19 Avenue des Cèdres, 92410 Ville d'Avray, registered in the Nanterre Trade and Companies Register under number 901 793 919. The intra-community VAT number is FR 68 901 793 919.

To contact KARYO, you can send an email to the following address: contact@karyo.store.

Legal capacity

Clients declare that they are of legal age and fully capable of contracting.

Geographical area

Products and services are available worldwide.

Availability of services

The services of the KARYO site are normally accessible by the customer 24 hours a day, 7 days a week and all year long except in case of voluntary or involuntary interruption, whatever the cause. It could be for maintenance.

Because of its activity, KARYO will not be held responsible for any physical, material or moral damage caused by the unavailability of the site(s).

Prices of services and products on sale on the site

The sale prices of the services and products appearing on the Site are indicated in Euros, all taxes included, it being understood that the ordered products are invoiced at the prices in force at the time of the recording of the order.

The prices of services and products can be modified by KARYO at any time.

The sale prices do not include shipping costs and are invoiced in addition to the price of the products purchased according to the amount of the order. The shipping costs will be indicated before the validation of the order by the Customer.

Features - Product Compliance

KARYO may modify at any time the assortment of products and services offered for sale on its Internet site, without prejudice to the Orders placed by the Customer.

In accordance with Article L. 111-1 of the French Consumer Code, the Customer may, prior to placing an Order, review the essential characteristics of the services and/or product(s) he/she wishes to order on the Web Site.

The information on each product page is that provided by KARYO, its suppliers and the manufacturers of some of its products.

At the request of the Customer, KARYO will do its best to obtain additional information from its suppliers. The customer acknowledges that this is an obligation of means. KARYO cannot be held responsible for information and public declarations from its suppliers or for information that it is not aware of and that it is not legitimately in a position to know.

KARYO will do its best to ensure that the photographic representation of the products or services on the Website is as faithful as possible to the products or services themselves but KARYO cannot be responsible for the quality of the visuals provided.

The products comply with the legal and regulatory provisions in force.

Availability

The offers presented by KARYO are valid as long as they are announced on the Site and within the limit of available stocks.

In the event that one or more products or services are unavailable after the Order has been placed, the Customer will be informed by e-mail. The amount of the Order will be recalculated and the Customer will be charged the new amount, minus the missing products. If the Order is completely unavailable, the Customer will be notified by e-mail and will not be charged, or will be reimbursed. In this case KARYO will not be held responsible for any prejudice suffered by the Customer, nor will it be liable for any damages.

Controls

When the Customer confirms his/her order by clicking on the "Place my order" icon (hereinafter referred to as "the Order"), he/she shall be deemed to have fully understood and accepted the content and conditions of the Order in question, including, without limitation, the General Terms and Conditions of Sale, as well as the prices, volumes, characteristics, quantities and delivery times of the products offered for sale and ordered by the Customer.

KARYO will then confirm this order by sending an e-mail to the Customer.

In addition, KARYO reserves the right to suspend or cancel any Order and/or delivery, whatever its nature and level of execution, in case of non-payment or partial payment of any sum due by the Customer, in case of payment incident, or in case of fraud or attempted fraud related to the use of the KARYO website, including previous Orders.

Also, in the event of an error in entering the e-mail address concerned, or of non-receipt of the e-mail message confirming the Order, KARYO cannot be held responsible. In this case, the sale will be considered final, except in cases where KARYO cancels the Order, notably because the products are not available. The Customer may nevertheless exercise his right of retraction under the conditions of article 13 of the present General Conditions of Sale.

Payments

All orders are payable in Euros.

The payment of the purchases is carried out by means of a bank card.

The Customer guarantees KARYO that he is fully authorized to use the payment card for the payment of his order and that these means of payment legally give access to sufficient funds to cover all costs resulting from his order on the karyo.store site. KARYO will not be held responsible for any fraudulent use of the payment method used.

KARYO reserves the right to suspend or cancel any order and/or delivery, whatever its nature and level of execution, in case of non-payment of any amount due by the Customer or in case of payment incident.

Penalties of an amount equal to the legal interest rate increased by five (5) points are automatically applicable to the unpaid amounts at the end of a period of ten (10) days following the date of supposed payment or upon notification of the rejection of bank payment for any other means of payment.

The delivery of any new order may be suspended in case of late payment of a previous order, notwithstanding the provisions hereof.

All payments will be processed through a secure data encryption procedure so that no information transmitted by the Customer is intercepted by third parties.

It is the Customer's responsibility to save and print their payment certificate if they wish to keep the bank details of their transaction.

Delivery of orders

11.1 Terms and conditions of delivery

Products purchased on the Site are delivered worldwide.

The products will be delivered to the address indicated by the Customer on the Site when placing the Order.

The delivery times indicated on the Site correspond to the average processing and delivery times observed and within which KARYO commits to deliver the products.

In the absence of any indication of these deadlines on the Site, KARYO will deliver the products to the Customer within a maximum of thirty (30) days after the conclusion of the contract.

KARYO informs its customers that delivery times exclude Sundays and holidays.

However, the Customer acknowledges that KARYO uses external service providers (carriers, postal services, etc...) in charge of the delivery of the packages containing the products.

Therefore, the delivery times indicated on the Site may be impacted by the service providers without KARYO being responsible for these delays in delivery and the consequences that could result from them.

If the package is returned to the sender because of an error in the delivery address provided by the customer, a second delivery will be made at the expense of the customer.

If the package is returned to the sender, it will not be sent back to the Customer and the amount corresponding to this order, including any additional delivery charges, will remain with KARYO.

Return of products

Within thirty (30) days from the reception of the order, the Customer may ask KARYO to return the Product(s).

The customer must notify KARYO of any reservations about the delivered product (for example: damaged package, already opened, missing parts) within 2 days of receiving the product. In case the defective product is proven, the Customer will receive a new product within the limit of available stocks. In case of stock shortage, the Customer will be refunded.

Rights and time limits for withdrawal

In accordance with Article L. 221-18 of the French Consumer Code, the Customer has a period of 14 (fourteen) days from receipt of the Order placed on the Site and/or the Refill Product, as part of the subscription, to exercise his or her legal right of withdrawal, without having to give reasons for his or her decision.

After this period, no retraction request will be processed by KARYO.

The products must be returned in their original packaging. Any product that is incomplete, damaged, opened and/or whose packaging has been damaged will not be returned, exchanged or refunded.

The notification of withdrawal should be made by email to: contact@karyo.store.

Products must be returned to KARYO at the following address KARYO SAS, 19 Avenue des Cèdres 92410 Ville d'Avray.

In accordance with article L. 221-21-3 of the French Consumer Code, the cost of return will be charged to the Customer, except in the case of return due to lack of conformity of the products delivered in relation to the Order or in the case of damaged products. KARYO does not accept packages or mail sent with postage due.

If the products are subject to the legal right of withdrawal, KARYO will reimburse the Customer within fourteen (14) clear days following the date on which it was informed of the Customer's decision to withdraw, or may defer this reimbursement until proof of shipment of the products concerned by the right of withdrawal is sent before the said deadline, the date retained being the first of these facts. The reimbursement will be made by crediting the amount debited to the account corresponding to the Customer's bank card.

Reservation of Ownership

KARYO retains full ownership of the products sold until full payment of the full price, including fees, taxes and mandatory contributions.

Intellectual Property

All the elements reproduced on karyo.store and in particular but not exclusively the texts, comments, works, illustrations, images and brands are protected under the intellectual property. Any total or partial reproduction of the elements accessible on the karyo.store website is strictly forbidden.

Signature and proof

KARYO strives to protect the personal information of its customers by ensuring a high level of security, but the Customer also has a role to play in protecting his personal data. The customer must maintain the security of his online transactions by not sharing his login (email address) and/or password with anyone and by changing his password regularly.

As such, KARYO cannot be responsible for the disclosure of information about the Customer to any individual who has used the Customer's login (email address) and/or password.

In this respect, the use of the Customer's identifier (e-mail address) and/or password will be considered proof of identity and the corresponding sums will be due upon validation of the Order. KARYO will not be held responsible for the fraudulent use of this information.

The provision of the credit card number and the final validation of the Order will be considered proof of acceptance of the Order and will be considered proof of the sums involved in the seizure of the products appearing on the Order. The computerized registers, kept in the computer systems of KARYO and its partners will be considered as proof of communications, Orders and payments between the Parties.

Deactivation of the customer account

The non-respect by the customer of the obligations subscribed to under the terms of the present General Conditions, any incident of payment of the price of an order, actions contrary to the interests of KARYO, the delivery of false information when creating an account, may lead to the suspension of access to the service of KARYO, KARYO reserves the right to refuse any order from a customer with whom there is a dispute, even if the customer uses a new account.

Customer service

For any specific question, the customer service is accessible by email at contact@karyo.store.

All products on sale on the Website benefit from the legal guarantee of conformity, as defined in articles L. 217-4 and following of the French Consumer Code, and the guarantee against hidden defects as defined in articles 1641 and following of the French Civil Code, allowing Customers to return defective and non-conforming products without charge.

Legal Guarantees

Warranty against hidden defects

The Civil Code provides that:

Article 1641 of the Civil Code: The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lesser price, if he had known about them.
Article 1644 Civil Code: In the case of articles 1641 and 1643, the buyer has the choice to return the thing and have the price returned, or to keep the thing and have part of the price returned.
Article 1645 Civil Code: If the seller knew of the defects of the thing, he is bound, in addition to the restitution of the price he received, to pay all damages to the buyer.
Article 1646 Civil Code: If the seller was unaware of the defects of the thing, he will only be obliged to refund the price, and to reimburse the buyer for the expenses incurred by the sale.
Article 1648 of the Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year from the date on which the seller may be relieved of the defects or apparent lack of conformity.

Within the framework of the legal guarantee of hidden defects, KARYO, according to the Customer's choice, commits itself, after evaluation of the defect, either :

to refund the full price of the returned product,
to refund a part of the price of the product if the Customer decides to keep the product.

Legal guarantee of conformity

The French Consumer Code provides that:

Article L. 217-4: 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. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was put at his charge by the contract or was carried out under his responsibility.
Article L. 211-5: To be in conformity with the contract, the goods must :
Be fit for the purpose ordinarily expected of similar property and, if applicable :
- correspond to the description given by the seller and have the qualities that he presented to the buyer in the form of a sample or model;
- have the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling;
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 that the latter has accepted.
Article L. 211-12: The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.
Article L. 217-7 of the French Consumer Code: Defects of conformity that appear within twenty-four months of delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months.

The seller may rebut this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.

Article L. 217-8 Consumer Code: The buyer is entitled to demand that the goods conform to the contract. However, he cannot contest the conformity by invoking a defect that he knew or could not ignore when he contracted. The same applies when the defect originates in the materials he himself supplied.
Article L. 217-9 Consumer Code: In case of lack of conformity, the buyer chooses between repairing or replacing the good.

However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, given the value of the goods or the importance of the defect. The seller is then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.

Article L. 217-10 Consumer Code: If repair and replacement of the goods are impossible, the buyer may return the goods and have the price returned or keep the goods and have part of the price returned.

The same faculty is open to him:

If the solution requested, proposed or agreed upon pursuant to Article L. 217-9 cannot be implemented within one month of the buyer's complaint;
Or if this solution cannot be done without major inconvenience to the client, given the nature of the property and the use he is seeking.

However, the sale may not be rescinded if the lack of conformity is minor."

Article L. 217-11 of the French Consumer Code: "The application of the provisions of Articles L. 217-9 and L. 217-10 shall take place at no cost to the buyer. These same provisions do not prevent the awarding of damages.
Article L. 217-12 Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
When acting under the legal warranty of conformity, the Customer :
- Has a period of two years from the delivery of the property to act;
- Can choose between repair or replacement of the good, subject to the conditions of costs provided by Article L.217-9 of the Consumer Code;
- Is exempt from proving the existence of the lack of conformity of the goods during the twenty-four months following the delivery of the goods, except for second-hand goods.
The Customer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, he may choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code, and must act within two (2) years from the discovery of the defect.

Products that have been modified, repaired, integrated or added by the Customer are excluded from the warranty. The guarantee will not apply to visible defects. The guarantee will not cover products damaged during transport or due to misuse by the Customer.

Responsibility

The responsibility of KARYO for the obligations of the present General Sales Conditions cannot be engaged in the case where the non-execution of its obligations would be attributable to the fact of a third party even if it is foreseeable, to the fault of the Customer, or to the occurrence of an event of force majeure as defined by the French jurisdictions or to any other event that has not been reasonably under the exclusive control of KARYO

The Customer agrees to use the products in strict accordance with the instructions for use provided by KARYO.

Therefore, KARYO cannot be held responsible in case of non-conforming use of the products by the Customer or a third party.

"Data processing and liberties

The information and data collected by KARYO at the time of any order from the Customer are necessary for the management of orders and commercial relations.

They may be transmitted to companies that contribute to these relations such as those responsible for the execution of services and orders for their management, execution, delivery, processing and payment.

This information and data is also kept for security purposes, to respect legal and regulatory obligations and to allow KARYO to improve and personalize the services offered and the information sent. In accordance with the French law on data processing and freedom, customers have the right to access and rectify personal data concerning them. The Customer should write to contact@karyo.store, indicating his name, first name, e-mail address and customer reference.

The registration to the KARYO site implies the acceptance of the present General Conditions of Sale.

Thus, when a user registers on the site he expressly agrees to receive communications from KARYO.

All emails sent by KARYO include an unsubscribe link at the bottom of the email that allows the customer to unsubscribe in one click.

The Website uses cookies. These are small text files stored on the customer's hard drive.

The data collected is intended for the use of KARYO. They are necessary for the processing and management of the customer's orders as well as for the commercial relations between KARYO and the customer. They also allow KARYO to provide the customer with personalized services and to improve the relevance of the information offered.

Most cookies are intended to enable or facilitate your browsing and are necessary for the operation of our online store.

The use of cookies, own or third party, not being necessary for the operation of the site requires your express consent.

The Customer may express his consent or oppose the use of cookies by setting his connection device appropriately.

The Customer can refer to the user guide of his browser.

Advertising on the website

At any time KARYO may decide to place advertising space on the karyo.store website.

Changes to the General Conditions

KARYO reserves the right to modify and update the General Sales Conditions without prior notice. In order to be informed of these possible modifications, KARYO advises the Customer, and in a general way any user, to reread the General Conditions of Sale of the Site regularly. The Order will be subject to the General Sales Conditions in force at the time of the Order.

Communication between the Customer and KARYO

By becoming a user of the website, the Customer acknowledges that the exchanges between him and KARYO will be mainly electronic (by email) except in the particular cases presented in the present General Conditions or required by the law. In particular, by registering on the karyo.store site, the Customer expressly agrees to receive KARYO newsletters. The Customer may, at any time, unsubscribe from newsletters by clicking on the unsubscribe link included in each newsletter.

In particular, the Customer expressly accepts that invoices are sent to him by email.

The Customer contractually acknowledges that the information, notifications and contracts are in full compliance with the regulations in force.

It is understood between the parties that the choice of exchange mode is equivalent to an agreement on proof within the meaning of Article 1316-2 of the Civil Code.

Continuity and transfer of contract rights and obligations

The contracts between the Customer and KARYO and/or its successors and assigns are binding between the parties.

The contracts, rights and obligations of the Clients cannot be assigned or transferred without prior written consent.

KARYO's contracts, rights and obligations may be assigned or transferred at any time without prior consent of the Customer.

General

Partial invalidity

If one or more stipulations of these General Terms and Conditions of Sale 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 scope.

Non-waiver

The fact that one of the Parties does not avail itself of a breach of any of the obligations referred to in these General Terms and Conditions of Sale shall not be interpreted for the future as a waiver of the obligation in question.

Mediation

In case of a dispute about an order, the Customer must contact KARYO in order to find an amicable solution, by email at contact@karyo.store.

In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution Platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.

In the absence of an amicable solution and whatever the origin of the conflict, whether it concerns the formation, execution, interpretation, validity, termination or resolution of these General Terms of Sale and this including for protective procedures, emergency procedures, in case of summary proceedings, in the event of summary proceedings, warranty claims, petitions or multiple defendants, the competent French courts shall have jurisdiction, in accordance with the rules of common law, it being specified that the time limits for taking legal action shall not be interrupted during the time in which an amicable solution is sought or mediation is requested by the Customer.