General terms and conditions of sale-internet
ARTICLE 1- SCOPE OF APPLICATION
These General Terms and Conditions of Sale (hereinafter referred to as "GTCS") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("Customers to Customers"), wishing to acquire the products offered for sale ("Products") by the Seller on the "Universe Of Trading" website. The products for sale on the site are the following:
- Services
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on Universe Of Trading, which the customer is obliged to read before ordering. The choice and purchase of a product are the sole responsibility of the Client. The offers of the Products are subject to availability, as specified when the order is placed.
These GTC are accessible at any time on the "Universe Of Trading" website and shall prevail over any other document.
The Client declares that he has read these GTC and accepted them by ticking the box provided for this purpose before implementing the online ordering procedure on the Universe Of Trading website.
In the absence of proof to the contrary, the data recorded in the Seller's computer system shall constitute proof of all transactions concluded with the Client.
ARTICLE 2- THE PRICE
The Products are supplied at the prices in force on Universe Of Trading, at the time the order is registered by the Seller.
The prices are expressed in Euros, exclusive of tax and VAT.
The prices take into account any discounts that may be granted by the Seller Universe Of Trading.
These prices are firm and non-revisable during their period of validity, but the Seller reserves the right to modify the prices at any time outside the period of validity.
The prices do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated and calculated before the order is placed.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is issued by the Seller and given to the Customer upon delivery of the Products ordered.
ARTICLE 3- ORDERS
It is up to the Customer to select the Products he/she wishes to order on Universe Of Trading, according to the following modalities:
- Put the products in the basket
- If you already have a customer account, please login
- If you do not have a customer account, please create one
- Check the box "I accept the terms of use" to validate it
- Check the "Proceed to checkout" box to complete your order online
- Choose your payment method and tick the box "I accept the terms and conditions".
- Confirm your payment You will receive an e-mail confirming your order at the e-mail address you provided when creating your customer account.
Check the details and the total amount of your order Correct any errors before accepting.
Product offers are valid as long as they are visible, within the limits of available stocks.
The sale will only be considered valid after full payment of the price. It is the Customer's responsibility to check the accuracy of the order and to report any error immediately.
Any order placed on "Universe Of Trading" constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over the payment of a previous order.
ARTICLE 3A - CUSTOMER AREA - ACCOUNT
In order to place an order, the Customer is invited to create an account.
To do so, he/she must register by filling in the form that will be offered to him/her at the time of his/her order and undertakes to provide sincere and accurate information concerning his/her civil status and contact details, particularly his/her e-mail address.
The Customer is responsible for updating the information provided. It is specified to him that he can modify them by connecting to his account.
To access his personal space and order history, the Customer must identify himself using his user name and password.
In this respect, the Customer shall not disclose any information. Otherwise, the Customer shall remain solely responsible for the use that is made of it.
The Customer may also request to unsubscribe by visiting the Facebook page or by sending an email to: contact@ketm.shop
This will be effective within 72 hours.
In the event of non-compliance with the general terms and conditions of sale and/or use, Universe Of Trading shall have the right to suspend or even close a Client's account after a formal notice has been sent by electronic means and has remained without effect.
Any deletion of an account for whatever reason will result in the deletion of all personal information of the Client.
The Seller shall not be held liable for any event due to force majeure resulting in a malfunction of the server and subject to any interruption or modification in the event of maintenance.
The creation of an account implies acceptance of these general terms and conditions of sale.
ARTICLE 4- PAYMENT CONDITIONS
The price is paid by secure payment, as follows:
- Payment by Paypal
The price is payable in cash by the Customer, in full on the day the order is placed.
Payments made by the Customer shall not be considered final until the Seller has actually received the sums due.
The Seller shall not be obliged to deliver the Products ordered by the Customer if the Customer does not pay the price in full in accordance with the above conditions.
ARTICLE 5- DELIVERIES
The Products ordered by the Customer will be delivered in Metropolitan France / Europe and DOM-TOM.
Deliveries are made within 4-7 days to the address indicated by the Customer when ordering.
Delivery is constituted by the transfer to the Customer of possession or control of the Product. Except in the case of special circumstances or the unavailability of one or more Products, the products ordered will be delivered in a single delivery.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the time limits specified above.
If the products ordered have not been delivered within 2-4 days after the indicative delivery date, for any reason other than force majeure or the fault of the Customer, the sale may be cancelled at the written request of the Customer under the conditions provided for in Articles L-216-2, L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of cancellation of the contract, to the exclusion of any compensation or deduction.
In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the costs associated with this shall be subject to specific additional invoicing, based on a quotation previously accepted in writing by the Customer.
The Customer is required to check the condition of the products delivered. The Customer has a period of 5 days from the date of delivery to make complaints by e-mail, accompanied by all the relevant supporting documents (in particular photos). After this period and if these formalities are not respected, the Products will be deemed to be in conformity and free of any apparent defect and no claim will be validly accepted by the Seller.
The Seller shall reimburse or replace, as soon as possible and at its own expense, the Products delivered for which the lack of conformity or the apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the French Consumer Code and those provided for in these GTC.
The transfer of the risks of loss and deterioration relating thereto shall only be carried out at the time when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk, except when the Customer has chosen the carrier. In this respect, the risks are transferred at the time of delivery of the goods to the carrier.
ARTICLE 6 - TRANSFER OF OWNERSHIP
The transfer of ownership of the Products from the Seller to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of the Products.
ARTICLE 7 - RIGHT OF WITHDRAWAL
According to the terms of Article L221-18 of the Consumer Code "the consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded at a distance, following a telephone canvassing or off-premises, without having to give reasons for his decision or to bear costs other than those provided for in Articles L.221 to L.221- 25.
The period mentioned in the first paragraph shall run from the day :
1° Of the conclusion of the contract, for contracts for the provision of services and those mentioned in article L.221-4; 2° Of the receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods. For contracts concluded off-premises, the consumer may exercise his right of withdrawal as from the conclusion of the contract.
In the case of an order for several goods delivered separately or in the case of an order for a single item, the period shall run from the date of receipt of the last item or batch of the first item.
In the case of contracts providing for the regular delivery of goods during a specific period, the period shall run from the receipt of the first good. The right of withdrawal can be exercised online, using the withdrawal form attached and also available on the site or any other unambiguous statement expressing the desire to withdraw and in particular by mail addressed to the Seller at the postal or email address indicated in ARTICLE 1 of the GTC.
Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) to enable them to be remarketed in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products are not accepted.
The exchange (subject to availability) or refund will be made within fourteen days of receipt by the Seller of the Products returned by the Customer under the conditions set out in this article.
ARTICLE 8 - SELLER'S LIABILITY - GUARANTEES
The Products supplied by the Seller benefit from :
- The legal guarantee of conformity, for defective, damaged or damaged Products or those that do not correspond to the order,
- The legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use. Article L217-4 of the French Consumer Code: "The seller is required to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was provided by the contract or carried out under his responsibility" Article L217-5 of the Consumer Code
"The goods conform to the contract:
1° If it is fit for the use usually expected of a similar good and, where applicable :
- If it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
- If it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter. Article L217-12 of the Consumer Code "The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods" Article 1641 of the Civil Code "The seller is bound by the guarantee due to hidden defects of the thing sold which make it unfit for the use for which it was intended, Article 1648 paragraph 1 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. " Article L217-16 of the Consumer Code "When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of purchase or repair, for a repair covered by the guarantee, any period of immobilisation of at least seven days shall be added to the duration of the guarantee that remained to run. In order to assert his rights, the Customer must inform the Seller in writing (e-mail or letter) of the non-conformity of the Products or of the existence of hidden defects as soon as they are discovered.
The Seller shall refund, replace or repair the Products or parts under warranty that are found to be non-compliant or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate and return shipping costs will be reimbursed upon presentation of receipts.
Reimbursements, replacements or repairs deemed to be non-conforming or defective will be made as soon as possible and at the latest within 3 days following the finding by the Seller of the lack of conformity or hidden defect. This refund may be made by bank transfer.
The Seller shall not be held liable in the following cases:
- Non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to check,
- In the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as well 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 reimbursement of Products that do not conform or are affected by a defect.
Provisions relating to the contractual guarantee
ARTICLE 9 - PERSONAL DATA
The Customer is informed that the collection of his/her personal data is necessary for the sale of the Products and their delivery/delivery, entrusted to the Seller. This personal data is collected solely for the purpose of executing the sales contract.
9.1 Collection of personal data The personal data collected on Universe Of Trading are the following
Account opening When logging in to the Client/User account:
Name, first name, address, postal address, telephone number and e-mail address.
Payment When paying for the Products offered on Universe Of Trading, the latter records financial data relating to the bank account or credit card of the Client/user.
9.2 Recipients of personal data Personal data is reserved for the sole use of the Seller and its employees.
9.3 Data controller The data controller is the Seller, within the meaning of the French Data Protection Act and as of 25 May 2018 of Regulation 2016/679 on the protection of personal data.
9.4 limitations of processing Unless the Customer expressly agrees, his/her personal data shall not be used for advertising or marketing purposes.
9.5 Data retention period The Seller shall retain the data thus collected for a period of 5 years, covering the period of prescription of the applicable contractual civil liability.
9.6 Security and confidentiality The Seller implements organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorised access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.
9.7 Enforcement of Customers' and Users' Rights Pursuant to the regulations applicable to personal data, Customers and Users have the following rights:
- They can update or delete their data in the following way from their profile by clicking on edit
- They can delete their account by writing to the e-mail address indicated in article 9.3 "Data controller".
- They can exercise their right of access to their personal data by writing to the address indicated in article 9.3 "Data controller".
- If the personal data held by the Seller is inaccurate, they may request that the information be updated by writing to the address indicated in article 9.3
- They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in Article 9.3 "Data controller".
- They may also request the portability of data held by the Seller to another service provider
- Finally, they may object to the processing of their data by the Seller.
These rights, as long as they do not object to the purpose of the processing, can be exercised by sending a request by post or by e-mail to the Data Controller whose contact details are given above.
The data controller must provide a response within a maximum of one month.
If the Customer's request is refused, reasons must be given.
The Customer is informed that in the event of refusal, he may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 Paris) or refer the matter to a judicial authority.
ARTICLE 10-INTELLECTUAL PROPERTY
The content of Universe Of Trading is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an infringement of copyright.
ARTICLE 11 - APPLICABLE LAW - LANGUAGE
These GTC and the operations arising from them are governed by and subject to French law.
These GTC are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
ARTICLE 12 - DISPUTES
For any complaint, please contact the customer service department at the Seller's postal or e-mail address indicated in ARTICLE 1 of these GTC.
The customer is also informed that he can also resort to the platform of online settlement of disputes (RLL). All the disputes to which the operations of purchase and sale concluded in application of the present GCS and which would not have been the subject of an amicable settlement between the salesman or by mediation, will be subjected to the courts of competent jurisdiction under the conditions of common law