General terms and conditions of sale

 

TERMS AND CONDITIONS 

OF SALES

KLOW SAS

 

www.klow.co (the "Site") is published by Klow SAS, a simplified joint stock company whose head office Engagement social is located at 87 Quai des Queyries, Darwin Bastide 33100 Bordeaux, registered with the Bordeauw Trade and Companies Register under the Siret 85234813500017, with the intra-community VAT number FR63852348135 (hereafter "Klow SAS")

 

 

 

  1. APPLICATION OF THE GENERAL CONDITIONS OF SALE

 

 

Klow reserves the right to adapt or modify at any time the present GTC.

 

The version of the GTC applicable to any sale is the one appearing online on the www.klow.co website at the time of the Order.

 

In fact, placing an Order requires the Customer's full and unconditional acceptance of the GTC.

The general terms and conditions of sale (the "GTC") detailed below apply to all orders of products and services placed via the Site (the "Products") with Klow SAS by any person (the "Client").

The Customer must read the GTC before placing any order (the "Order"), the GTC being available on the Sites.

 

  1. 2. DELIVERY

Deliveries are made by Chronopost, DPD, GLS, UPS or DHL, Colissimo, La Dutch Post, Royal Mail Service, La post NL, from Monday to Saturday, depending on the transport company.

Delivery means the transfer to the Customer of physical possession of the Products (the "Delivery").

The delivery charges applicable to the Order are those mentioned on the Site at the time of the Order in the "Delivery and Returns" section.

When Klow SAS takes care of the delivery of the Product, the risk of loss or deterioration of the Product is transferred to the Client at the time of Delivery.

As an exception, the risk is transferred to the Client upon delivery of the Product to the carrier when the latter is in charge of the transport by the Client and not by Klow SAS.

Delivery is made to the delivery address indicated by the Customer, it being specified that this must be the address of residence of the Customer, of a natural person of his choice or of a legal entity (delivery to his company). Delivery cannot be made to hotels or post office boxes.

In the event that it is impossible to carry out the Delivery, due to an erroneous delivery address or to the Client's failure to collect the Order from the selected collection point or from Chronopost, no re-shipment will be carried out and the Client will be reimbursed within five (7) days of receipt of the Order by Klow SAS.

If the client has not taken any steps to facilitate the delivery of the parcel, either by not filling in the missing information in case of address problems identified by the company in charge of the transport; or by not collecting the parcel from the collection point or Chronopost, Klow SAS will be able to charge a handling fee of 40€ at its discretion.

In case of return of a parcel to the logistic centre, whether it is that of Klow SAS or of a "marketplace" partner, return costs of 6€ will be deducted for France and Belgium; 15€ for Europe will be invoiced to the client.

Klow SAS delivers the Orders within a maximum of twelve (14) working days for a Delivery in Metropolitan France and twenty (20) working days for an international Delivery, this period being counted from the first working day after the validation of the order. The day after a collection goes online and from December 1st to December 31st, the delivery time may be increased by ten (10) days. In case of national problem (strike/pandemic) the delivery time can be extended up to 20 days, the information will be communicated to the customer in the "Shipping" section.

In order for these deadlines to be met, the Customer must ensure that he has provided accurate and complete information concerning the delivery address (such as, in particular: street number, building, staircase, access codes, names and/or intercom numbers, etc.).

Klow SAS cannot be held responsible for any delay in delivery not caused by Klow SAS or justified by a case of force majeure (as defined below).

In the event that the delivery time is exceeded, the Client may request the cancellation of the sale and obtain a refund of the sums paid for the Order within a maximum of fourteen (14) days of the request. Except for the above, Klow SAS cannot be held responsible for the consequences of a delay in delivery, only the reimbursement of the Product by Klow SAS being possible to the exclusion of any other form of compensation.

Deliveries can also be made to a Relay Point, subject to the acceptance of the package by the selected Relay Point.

 

  1. 3. WITHDRAWAL - REFUNDS AND RETURNS

9.1. Time limit and methods for exercising the right of withdrawal

In accordance with article L.221-18 of the French Consumer Code, the non-professional Client has a period of fourteen (14) days from the date of receipt of the Sales Order to exercise the right of withdrawal from the Sales Order without having to justify this decision.

The exercise of the right of withdrawal can be done by sending the model of withdrawal form appearing in appendix of the General Conditions of Sale, by electronic mail, at the following address: customercare@klow.co

9.2 Terms and conditions for returning the Order under the right of withdrawal

The right of withdrawal is exercised without penalty.

The Client returns the Order with the prepaid return slip provided by Klow SAS, without undue delay and, at the latest, within fourteen (14) days following the communication of its decision to cancel the order in accordance with article L. 221-21 of the French Consumer Code.

After this period of fourteen (14) days, the sale is firm and final. The Product must be returned in its original packaging, in its original, new, unworn and unwashed condition. To make a return, the Customer must follow the procedure indicated on the return form received with his/her Order. The return of Products is handled by Klow SAS if the delivery address is in one of the following countries

France, Belgium and other EU countries according to individual case.

9.3. Reimbursement of Products returned under the right of withdrawal

Klow SAS will reimburse the Client for the cost of the Order within thirty (30) working days from the date it is informed of the Client's decision to cancel the Order.

However, the reimbursement is subject to Klow SAS having been able to recover the Products which are the object of the return and the request for reimbursement.

Klow SAS will make the refund using the same method of payment as the one used for the payment of the Order, unless the Client expressly agrees to use another. If this means of payment has expired, the Client must contact customer service to modify the method of reimbursement. Klow SAS will not be responsible for any reimbursement on an expired payment method.

The refund of an order paid with a gift card, a gift card or a credit, will be automatically refunded in credit. 

If the Client does not respect the present GTC, Klow SAS will not be able to proceed with the reimbursement of the Products concerned. In all cases, the return costs are at the charge of Klow SAS if the Product delivered to the Client is different from the Product ordered or if it is delivered damaged.

 

  1. 4. PRICES AND PAYMENT TERMS

The prices of the products are indicated on the Site in euros for Europe, Great Britain and the United States, including VAT, but excluding customs duties and other taxes. Customs duties and other taxes must be paid by the Customer directly to the carrier. 

All prices displayed are calculated and include the value added tax (VAT) applicable in France or in the country of delivery located in the European Union.

Klow SAS reserves the right to modify its prices at any time but the Products will be invoiced on the basis of the prices in force at the time the Order is placed and paid for, subject to availability.

The Products are payable in cash at the time of the actual Order.

The payment of the purchases is carried out on the protected platforms of our partners, either via Paypal, our provider of payment STRIPE, or IDEAL.

The Client expressly acknowledges that the communication of his/her credit card number to Klow SAS constitutes authorisation to debit his/her Account for the price of the Products ordered. If necessary, Klow SAS will send a notification of cancellation of the Order for non-payment to the Client's e-mail address provided by the Client when registering on the Site.

The data recorded and kept by Klow SAS constitutes proof of the Order and of all sales made. The data recorded by Paypal or IDEAL constitute the proof of any financial transaction between the Client and Klow SAS.

 

  1. 5. PRODUCTS

The Products offered for sale are those described on the Site on the day the Customer consults the Site, within the limits of available stocks. These indications are updated automatically in real time. However, an error in the update, whatever its origin, does not engage the responsibility of Klow SAS. In this respect, Klow SAS cannot be held responsible for the cancellation of an Order of a Product due to the exhaustion of stocks.

Klow SAS takes the greatest care in the presentation and description of its Products in order to provide the Client with the best possible information. It is however possible that errors may appear on the Site, which the Client acknowledges and accepts.

Klow SAS guarantees neither the accuracy nor the security of the information transmitted or obtained through the Site.

It is possible that the Client may receive a part following an Order that was previously returned by another person. It is specified that Klow SAS only accepts the return of undamaged and unworn Products, these two conditions being checked before the returned Products are put back into stock.

  1. 6. ORDERS

The taking of an Order on the Site is subject to compliance with the procedure set up by Klow SAS on the Site, which includes successive stages leading to the validation of the Order.

The Customer may select as many Products as he/she wishes to add to the basket (the "Basket"). The Basket shall contain a summary of the Products selected by the Customer, together with the prices and charges relating thereto. The Customer shall be free to modify the Basket before validating the Order. Validation of the Order confirms the Customer's acceptance of the Terms and Conditions of Sale, the Products purchased, their prices and the associated costs. 

A confirmation email summarising the Order (Product(s), price, availability of the Product(s), quantity...) will be sent to the Client by Klow SAS. To this end, the Client formally accepts the use of electronic mail for the confirmation by Klow SAS of the content of the Order. Invoices are sent by e-mail.

  1. 7. REFUSAL TO PROCESS AN ORDER

Klow SAS reserves the right to remove any Product displayed on the Site at any time and to replace or modify any content or information contained therein. In spite of Klow SAS's best efforts to satisfy its clients' needs, Klow SAS may refuse to process an Order after having sent the Client an e-mail confirmation of the Order.

Klow SAS shall not be held liable to the Client or any third party for the harmful consequences of the removal of a Product from the Site, or the replacement or modification of any content or information appearing on this Site, or the refusal to process an Order after the confirmation email summarising the Order has been sent.

Klow SAS also reserves the right to refuse or cancel an Order from a Client with whom it has a dispute over the payment of a previous order or an objective suspicion of fraud.

 

 

  1. 8. INFORMATION ON THE SITE AND ACCESSIBILITY OF THE SITE

www.klow.co is an e-commerce website owned and operated by Klow SAS.

Klow SAS reserves the right to modify the Site, for technical or commercial reasons. When these modifications do not alter the conditions of the supply of the services, in a substantial and negative way, the Client can be informed of the intervening modifications, but his acceptance is not requested.

The Site is accessible to all users on the Internet in principle 24 hours a day, 7 days a week, except in the case of interruption, programmed or not, by Klow SAS or its service providers, for the needs of its maintenance and/or security or in the case of force majeure (as defined below). Klow SAS cannot be held responsible for any damage, whatever its nature, resulting from the unavailability of the Site.

Klow SAS does not guarantee that the Site will be free of anomalies, errors or bugs, nor that the Site will function without breakdown or interruption. In this respect, Klow SAS can freely determine at its own discretion any period of unavailability of the Site or its content. Klow SAS cannot be held responsible for data transmission, connection or network unavailability problems.

 

  1. 9. REGISTRATION ON THE SITE

In order to place an Order, the Customer must first register on the Site by creating an account containing the Customer's information (the "Account").

The Client's registration on the Site is validated by Klow SAS after verification of the standard form filled in by the Client. The Client receives a registration confirmation e-mail.

When creating his Account, the Customer must ensure that the data he provides is accurate and complete. The Client is required to always update his personal information. In case of error in the recipient's contact information, Klow SAS cannot be held responsible for the impossibility of delivering the Products.

By registering on the Site, the Client declares and guarantees to Klow SAS that he is of legal age and has the legal capacity to contract.

Klow SAS may delete the Client's Account at any time, for any reason, at its sole discretion.

  1. 10. GUARANTEES - LIMITATION OF LIABILITY

10.1 Limitation of liability

The liability of Klow SAS with respect to any Product purchased on the Site is strictly limited to the purchase price of the latter. Klow SAS will not be responsible for the following losses, regardless of their origin:

- loss of income or sales

- operating loss

- loss of profits or contracts

- expected loss of savings

- data loss

- loss of work or management time

- image damage

- loss of opportunity, and in particular to order a Product,

- moral damage.

The documents, descriptions and information relating to the Products appearing on the Site are not covered by any warranty, express or implied, except for the warranties provided by law.

Klow SAS does not provide any warranty regarding any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair the functionality of a computer or interfere with the proper working of a computer, including any transmission resulting from a download of any content by the Client, the software used by the Client to download content, or the software used by the Client to download content, destroy or otherwise impair the functionality of a computer or interfere with the proper working of a computer, including any transmission resulting from a download of any content by the Customer, the software used by the Customer to download the content, the Site or the server that makes it available. In this regard, the Customer acknowledges that it is the Customer's responsibility to install appropriate anti-virus and security software on the Customer's computer hardware and other devices in order to protect them from bugs, viruses or other such harmful programming routines.

The Customer acknowledges that he/she assumes all risks associated with any content downloaded or otherwise obtained through the use of the Site and agrees that he/she is solely responsible for any damage to his/her computer system or loss of data that results from the download of such content.

Klow SAS is only bound to deliver Products in conformity with the contractual provisions. The Products are considered to be in conformity with the contractual provisions if the following conditions are met: (i) they must conform to the description and possess the characteristics set out on the Site; (ii) they must be suitable for the purposes for which products of this kind are generally designed; (iii) they must meet the quality and resistance criteria that are generally accepted for products of the same kind and that can reasonably be expected.

In addition, Klow SAS guarantees consumers against defects in conformity and hidden defects for the Products on sale on the Site under the following conditions:

  1. 2 Legal guarantees

All products on sale on the Site benefit from the legal guarantee of conformity (as defined in articles L217-4 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 the Customer to return, free of charge, defective or non-compliant Products delivered.

Legal guarantee of conformity

 

Article L217-4 of the French Consumer Code: "The seller is required to deliver goods in conformity with the contract and is responsible for any defects in 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 has been put at his charge by the contract or has been carried out under his responsibility. »

 

Article L211-5 of the Consumer Code: "To be in conformity with the contract, the goods must :

1) Be fit for the purpose ordinarily expected of similar property and, where applicable :

correspond to the description given by the seller and have the qualities that the seller has 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, the producer or his representative, in particular in advertising or on labelling;

2) 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 accepted by the latter. »

Article L211-12 of the Consumer Code: "The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good. »

Warranty against hidden defects

 

Article 1641 of the Civil Code: "The seller is bound by the warranty for hidden defects of the thing sold that make it unfit for the purpose for which it was intended, or that so diminish this use that the buyer would not have acquired it, or would have given a lower price, if he had known. »

 

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, on pain of foreclosure, within one year from the date on which the seller may be discharged from the defects or apparent lack of conformity. »

 

Within the framework of the legal guarantee for hidden defects, Klow SAS, at the Client's option, undertakes, after evaluation of the defect :

- Or to refund the full price of the returned Product,

- Or to refund a part of the price of the product if the Customer decides to keep the Product.

Exclusion of guarantees

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

10.3 Terms and conditions for the implementation of guarantees

Within the framework of the legal guarantee of conformity, the Customer :

(i) has a period of two (2) years from the delivery of the property to act ;

(ii) may choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L217-9 of the Consumer Code;

(iii) is exempted from proving the existence of the lack of conformity of the goods during the two years.

The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.

 

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 can choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.

  For any request concerning the legal guarantees, the Customer must contact the Customer Relations Department at customercare@klow.co

 

These provisions are not exclusive of the right of withdrawal defined in Article 9 above.

10.4 Consequences of the implementation of legal guarantees

Within the framework of the legal guarantee of conformity, Klow SAS, at the Client's option, undertakes to

- or to replace the Product with an identical product depending on available stocks,

- or to refund the price of the Product if the replacement of a Product proves impossible.

Within the framework of the legal guarantee for hidden defects, Klow SAS, according to the Client's choice, undertakes, after evaluation of the defect :

- either to refund the full price of the returned Product, or to refund part of the price of the Product if the Customer decides to keep the Product.

10.5 Force Majeures

In the event of a force majeure event preventing the execution of these GTC, Klow SAS will inform the Client within fifteen (15) days of the occurrence of this event, by e-mail or by registered letter with acknowledgement of receipt. In addition to those usually retained by the jurisprudence of the French courts and tribunals, the following are expressly considered as cases of force majeure or fortuitous events: total or partial strikes, lock-outs, riots, boycotts or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, acts of terrorism, bad weather, epidemics, blockage of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes in the forms of marketing, computer failure, blockage of telecommunications, including wired or wireless telecommunications networks, and any other event beyond the control of the parties preventing the normal performance of the contractual relationship. All obligations of the parties are suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the transaction concerned may be terminated at the request of Benda Bili or the Customer without compensation on either side. Failure to pay by the Customer cannot be justified by a case of force majeure.

  1. 11. RESERVATION OF OWNERSHIP

Klow SAS retains full ownership of the Products sold until the full price, including all taxes and duties, has been received.

  1. 12. PARTIAL INVALIDITY

If one or more provisions of these GTC are held to be invalid or declared as such in application of a law, a regulation or following a definitive decision of a competent jurisdiction, the other provisions shall retain all their force and scope.

  1. 13. NON-WAIVER

No tolerance, inaction or inertia on the part of Klow SAS may be interpreted as a waiver of its rights under the terms of the GTC.

  1. 14. MEDIATION - APPLICABLE LAW - COMPETENT JURISDICTION

The sale of Products is subject to French law.

In the event of a complaint that has not been resolved amicably by Customer Services, and in accordance with Article L612-1 of the Consumer Code. The Customer may contact the dispute resolution platform put online by the European Commission at the following address: http://ec.europa.eu/consumers/odr/.

In the absence of amicable resolution, any dispute relating to the interpretation of the GTCs, the execution or breach of a sale, the interpretation, execution or termination of the present contract shall be submitted, in the absence of amicable agreement, to the legally competent courts.

 

LEGAL INFORMATION

It is reminded that the secrecy of correspondence is not guaranteed on the Internet network and that it is up to each Internet user to take all appropriate measures to protect his own data and/or software from contamination by any viruses circulating on the Internet.

  1. PUBLISHER

www.klow.co (the "Site") is published by Klow SAS, a simplified joint stock company whose head office Engagement social is located at 87 Quai des Queyries, Darwin Bastide 33100 Bordeaux, registered with the Bordeauw Trade and Companies Register under the Siret 85234813500017, with the intra-community VAT number FR63852348135 (hereafter "Klow SAS")

The Chairman and CEO Mr. Gaetan Gimer

Contact: info@klow.co

  1. EMBEDDERS

Transip

III. DESIGN AND IMPLEMENTATION

Klow SAS & MPI

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