The elementary.paris website (hereinafter the "Site") is an e-commerce space that offers a remote product ordering and delivery service and associated services (order preparation, delivery, etc.) by KEKKO. PARIS (hereinafter referred to as "KEKKO PARIS"), under the conditions defined below.
KEKKO PARIS, a simplified joint-stock company with capital of €80,000, whose registered office is at 15 avenue Hoche 75008 Paris, registered with the Paris Trade and Companies Register under number 891 801 623, including VAT number intra-community FR60891801623 (hereinafter "KEKKO PARIS").
Governed by articles L.111-1 and following of the Consumer Code, these general conditions of sale determine the rights and obligations of the parties. By the mere fact of validating his order on the website accessible at the address "htpps://elementary.fr", the user declares to have read, understood and accepted without reservation the terms of the said order as well as all of the these general conditions of sale.
APPLICATIONS OF THE GENERAL CONDITIONS OF SALE
The general conditions of sale (the "GTC") detailed below apply to all orders for products and services placed via the Site (the "Products") with KEKKO PARIS by any person (the "Customer").
The Customer must read the T&Cs prior to any order (the "Order"), the T&Cs being available on the Site.
KEKKO PARIS reserves the right to adapt or modify these T&Cs at any time. The version of the T&Cs applicable to any sale being the one appearing online on the Sites at the time of the Order. Consequently, the fact of placing an Order requires full prior and unreserved acceptance of the GCS by the Customer by clicking on the button "I have read and I accept the general conditions of sale".
Any User of the Site undertakes to comply, without restriction or reservation, with these T&Cs, whether they visit it or place an Order. The Customer is required to read it before placing any Order.
SITE INFORMATION AND SITE ACCESSIBILITY
The site, https://elementary.fr is an e-commerce site owned and managed by KEKKO PARIS.
The Site is accessible to all users of the Internet network in principle 24 hours a day, 7 days a week, except for interruption, scheduled or not, by KEKKO PARIS or its service providers, for the purposes of its maintenance and/or security or case of force. Major (as defined below). KEKKO PARIS cannot be held responsible for any damage, whatever its nature, resulting from the unavailability of the Site.
KEKKO PARIS does not guarantee that the Site will be free from anomalies, errors or bugs, or that the Site will operate without failure or interruption. In this regard, he may freely and at his sole discretion determine any period of unavailability of the Site or its content. KEKKO PARIS cannot be held responsible for problems with data transmission, connection or unavailability of the network either.
KEKKO PARIS reserves the right to change the Site, for technical or commercial reasons. When these modifications do not alter the conditions of the provision of services, in a substantial and negative way, the Customer may be informed of the modifications made, but his acceptance is not requested.
REGISTRATION ON THE SITE
To be able to place an Order, the Customer must first register on the Site by creating an account containing the Customer's information (the "Account").
The Customer's registration on the Site is validated after verification of the standard form completed by the Customer. The Customer receives a registration confirmation email.
When creating his Account, the Customer must ensure the accuracy and completeness of the data he provides. The Customer is required to always update his personal information. In the event of an error in the wording of the recipient's contact details, KEKKO PARIS cannot be held responsible for the impossibility of delivering the Products.
By registering on the Site, the Customer declares and guarantees to KEKKO PARIS that he is of legal age and has the legal capacity to contract.
KEKKO PARIS may delete the Customer's Account at any time, for any reason, at its sole discretion.
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 KEKKO PARIS. As such, KEKKO PARIS cannot be held responsible for the cancellation of an Order for a Product due to the depletion of stocks. KEKKO PARIS takes the greatest care in the presentation and description of its Products to best satisfy the information of the Customer. However, it is possible that errors may appear on the Site, which the Customer acknowledges and accepts. KEKKO PARIS does not guarantee either the accuracy or the security of the information transmitted or obtained by means of the Site. It is specified that KEKKO PARIS only accepts the return of intact and unopened Products, these two conditions being checked before the returned Products are returned to stock.
Taking an Order on the Site is subject to compliance with the procedure set up by KEKKO PARIS on the Site comprising successive stages leading to the validation of the Order. The Customer can select as many Products as he wishes which will be added to the basket (the "Basket"). The Basket summarizes the Products chosen by the Customer as well as the prices and costs relating thereto. The Customer may freely modify the Basket before validating his Order. The validation of the Order constitutes confirmation of the acceptance by the Customer of the GCS, the Products purchased, their price as well as the associated costs. A confirmation email summarizing the Order (Product(s), price, availability of the Product(s), quantity, etc.) will be sent to the Customer by KEKKO PARIS. To this end, the Customer formally accepts the use of email for confirmation by KEKKO PARIS of the content of his Order. Invoices are available in the "account" section of the Site.
REFUSAL TO PROCESS AN ORDER
KEKKO PARIS reserves the right to withdraw any Product displayed on the Site at any time and to replace or modify any content or information appearing on the latter. Despite KEKKO PARIS' best efforts to meet the expectations of its customers, it may be necessary for the latter to refuse to process an Order after having sent the Customer the confirmation email summarizing the Order.
KEKKO PARIS cannot be held liable to the Customer or a third party for the harmful consequences of the withdrawal 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 sending the confirmation email summarizing the Order.
KEKKO PARIS also reserves the right to refuse or cancel an Order from a customer with whom it has a dispute over the payment of a previous order.
PRICES AND TERMS OF PAYMENT
The prices of the products are indicated on the Site in euros, including VAT, but excluding customs fees and other taxes. Customs fees and other taxes must be paid by the Customer directly to the carrier. All prices displayed are calculated and include value added tax (VAT) applicable in France. KEKKO PARIS 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 of registration and payment of the Order, subject to availability. The prices indicated do not include delivery costs which will be invoiced in addition, under the conditions indicated on the Site and calculated prior to the placing of the Order and detailed, if necessary, in the summary before placing the Order. The payment requested from the Customer corresponds to the total amount of the purchase, including these costs. An invoice will be given to the Customer on first request addressed to firstname.lastname@example.org. The Products are payable in cash when the actual Order is placed. Payment for purchases is made via Stripe. The Customer expressly acknowledges that the communication of his bank card number to KEKKO PARIS constitutes authorization to debit his Account up to the price of the Products ordered. If necessary, a notification of Order cancellation for non-payment is sent to the Customer by KEKKO PARIS to the email address provided by the Customer when registering on the Site. The data recorded and kept by KEKKO PARIS constitutes proof of the Order and of all past sales. The data recorded by Strype constitutes proof of any financial transaction between the Customer and KEKKO PARIS.
Deliveries are made by the Colissimo service of the Post Office, from Monday to Saturday.
Delivery means the transfer to the Customer of physical possession of the Products (the “Delivery”).
The Delivery costs applicable to the Order are those mentioned on the Site at the time of the Order in the “Delivery” section.
When KEKKO PARIS takes care of the delivery of the Product, the risk of loss or deterioration of the Product is transferred to the Customer at the time of Delivery.
Delivery is made to the delivery address indicated by the Customer, it being specified that this must be the residential address of the Customer, of a natural person of his choice or of a legal person (delivery to his company ). Delivery cannot be made to hotels or to PO boxes.
In the event of impossibility of carrying out the Delivery, due to an incorrect delivery address or the absence of withdrawal by the Customer of his Order, the Customer may choose to have the Order returned or to be reimbursed.
KEKKO PARIS delivers Orders within a maximum period of fourteen (14) working days for Delivery in Metropolitan France, this period being counted from the first working day after validation of the Order. The day after a special operation is put online, the Delivery time may be increased by ten (10) days, given the large and exceptional volume of Orders.
In order for these deadlines to be respected, the Customer must ensure that he has communicated exact and complete information concerning the Delivery address (such as, in particular: street number, building number, staircase number, access, names and/or intercom numbers, etc.).
KEKKO PARIS cannot be held responsible for delays in delivery that are not its fault or justified by a case of force majeure (as defined below).
If the Delivery time is exceeded, the Customer may request the cancellation of the sale and obtain, within a maximum period of fourteen (14) days of his request to this effect, the reimbursement of the sums paid on the occasion of the Order. Notwithstanding the foregoing, KEKKO PARIS cannot be held responsible for the harmful consequences resulting from a delay in delivery, only reimbursement of the Product by KEKKO PARIS being possible to the exclusion of any other form of compensation.
KEKKO PARIS may, if necessary, refuse orders from consumers requesting an abusive refund of orders.
SUBSCRIBE AND UNSUBSCRIBE TO THE NEWSLETTER
By accepting these General Conditions of Sale when placing the Order, the Customer authorizes the Company to send him emails to the address he provided when placing his Order. Unsubscribing to the newsletter is possible at any time via the “account” space on the Site.
RIGHT OF WITHDRAWAL - REFUNDS AND RETURNS
Deadline and procedures for exercising the right of withdrawal:
In accordance with article L.221-18 of the Consumer Code, the non-professional Customer has a period of fourteen (14) days from receipt of the Order to exercise his right of withdrawal from KEKKO PARIS. , without having to justify its decision.
Procedures for returning the Order under the right of withdrawal:
The right of withdrawal is exercised without penalty.
The Customer returns the Order at his own expense, without undue delay and, at the latest, within fourteen (14) days following the communication of his decision to withdraw in accordance with Article L. 221-21 of the Consumer Code.
Beyond this period of fourteen (14) days, the sale is firm and definitive. The Product must be returned in its original packaging, in its original condition, new, unopened.
Reimbursement of Products returned under the right of withdrawal:
Reimbursement of the Order by KEKKO PARIS is made no later than 72 hours from the date on which the Parcel is received by the logistics team.
KEKKO PARIS makes the refund using the same means of payment as the one that will have been used for the payment of the Order, except with the express agreement of the Customer for it to use another means of payment and insofar as the refund does not cause no cost to the consumer.
If the Customer fails to comply with these T&Cs, KEKKO PARIS will not be able to reimburse the Products concerned. In all cases, the return costs are borne by KEKKO PARIS if the Product delivered to the Customer is different from the Product ordered or if it is delivered damaged.
All elements of the elementary.fr Site, whether visual or audio, texts, layouts, illustrations, photographs, documents and other elements, including the underlying technology, are protected by copyright, trademarks and patents.
Any total or partial reproduction of the elements accessible on the Site is strictly prohibited and will expose the offender to civil and criminal prosecution.
The Company holds all the property rights attached to the Site and its component elements and has the required licenses. It holds all the intellectual property rights and derivative rights attached to the concepts and editorial content used and/or distributed on the Site. In general, no provision of these GCS can be interpreted as conferring on the Customer, expressly or implicitly, any right (under the terms of a license or by any other means) on the names, brands, acronyms, logos and other distinctive signs of the Company with the exception of the rights held by the suppliers and any partners of the Company on the visuals of their Products, on their brands and logos presented on the Site.
In addition, the Company remains the owner of all intellectual property rights in the photographs, presentations, illustrations and studies carried out with a view to supplying the Products to the Customer. The Client is therefore prohibited from any reproduction or use of said studies, illustrations, presentations and photographs without the express, written and prior authorization of the Company, which may condition it on financial compensation.
WARRANTIES - LIMITATION OF LIABILITY
KEKKO PARIS' liability with regard to any Product purchased on the Site is strictly limited to the purchase price of the latter. KEKKO PARIS will in no way be liable for the following losses, regardless of their origin:
- loss of income or sales;
- operating loss ;
- loss of profits or contracts;
- loss of anticipated savings;
- data loss ;
- loss of work or management time;
- image damage;
- loss of opportunity, and in particular of ordering a Product;
- moral damage.
The documents, descriptions and information relating to the Products appearing on the Site are not covered by any guarantee, explicit or implicit, with the exception of the guarantees provided for by law.
KEKKO PARIS does not provide any guarantee concerning any damage that could be caused by the transmission of a computer virus, a worm, a time bomb, a Trojan horse, a cancelbot, a logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair the functionality of a computer or to interfere with the proper working of it, including any transmission resulting from a download of any content made by the Customer, the software used by the latter to download the content, the Site or the server that allows access to it. In this regard, the Customer acknowledges that it is his responsibility to install appropriate anti-virus and security software on his computer hardware and any other device in order to protect them against any bug, virus or other programming routine of this order proving harmful.
The Customer acknowledges assuming all risks associated with any content downloaded or obtained in any other way through the use of the Site and agrees that he is solely responsible for any damage caused to his computer system or any loss of data resulting from the downloading of this content.
KEKKO PARIS is only required to deliver Products that comply with the contractual provisions. The Products are considered to comply with the contractual provisions if the following conditions are met: (i) they must comply with the description and have the characteristics displayed on the Site; (ii) they must be suitable for the purposes for which such products are generally designed; (iii) they must meet the quality and resistance criteria which are generally accepted for products of the same type and which can reasonably be expected.
In addition, KEKKO PARIS guarantees consumers against lack of conformity and hidden defects for the Products for sale on the Site under the following conditions:
Visible defect - Warranty - Legal compliance - Hidden defects
The presence of an apparent defect on a Product must give rise to a complaint by e-mail (email@example.com).
The Customer must comply with the procedure relating to the right of withdrawal by informing KEKKO PARIS beforehand by any means of the existence of this apparent defect, so that the return can be accepted.
Subject to the validation of a non-conformity or a hidden defect by KEKKO PARIS or the manufacturer as the case may be, the Customer benefits from the following guarantees:
KEKKO PARIS, whose registered office is located at 15 avenue Hoche 75008 Paris, France, acts as guarantor within the meaning of the provisions of articles L 217-5 and following of the Consumer Code and 1641 and following of the Civil Code.
Thus the Customer:
· benefits from a period of two (2) years from the delivery of the Product to act in default of conformity of the Product,
is exempted from providing proof of the existence of the lack of conformity of the goods during the six (6) months following the delivery of the Product,
can choose between repairing or replacing the Product, subject to the cost conditions provided for in article L217-9 of the consumer code;
The legal guarantee of conformity applies independently of the commercial guarantee described below.
In addition, the Customer can also implement the legal guarantee for hidden defects of the thing sold, within the meaning of articles 1641 and following of the Civil Code. The legal guarantee against hidden defects allows the Customer, within two years from the discovery of the defect, to reimburse a Product which has proven to be unsuitable for its use.
The guarantee against hidden defects allows the Customer to be protected against hidden defects of the Product purchased and which prevent its use or affect it to such an extent that the Customer would not have purchased it.
The Customer then has the choice between two options: keep the Product and request a price reduction, or return the Product and request reimbursement of the price paid, in accordance with article 1644 of the Civil Code.
In order to implement these guarantees, the Product must be returned, in its original packaging, in its original condition, new, unworn, unwashed, with the references of the initial Order and a copy of the complaint to the head office. of KEKKO PARIS, after sending an e-mail indicating the reason for the return of the Product.
For all practical purposes, the following legal provisions are recalled:
Art. L217-4 of the Consumer Code: “The seller delivers goods that comply with the contract and is liable for any lack of 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 this has been charged to him by the contract or has been carried out under his responsibility. »
Art. L217-5 of the Consumer Code: "The good complies with the contract: 1° If it is suitable for the use usually expected of a similar good and, where applicable (a) if it corresponds to the description given by the seller and possesses the qualities that the latter presented to the buyer in the form of a sample or model; (b) if it presents the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling; 2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted. »
Art. L217-7 of the Consumer Code: “The defects of conformity which appear within twenty-four months from the 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 can challenge this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity. »
Art. L217-8 of the Consumer Code: “The buyer is entitled to demand that the goods conform to the contract. However, he cannot challenge the conformity by invoking a defect which he knew or could not ignore when he contracted. The same applies when the defect has its origin in the materials supplied by him. »
Art. L217-9 of the Consumer Code: “In the event of a lack of conformity, the buyer chooses between the repair and the replacement of the good. However, the seller may not proceed according to the choice of the buyer if this choice entails a manifestly disproportionate cost with regard to the other method, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer. »
Art. L217-10 of the Consumer Code: “If the repair and replacement of the good is impossible, the buyer can return the good and have the price refunded or keep the good and have part of the price refunded. The same option is open to him: 1° If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month of the buyer's complaint; 2° Or if this solution cannot be without major inconvenience for him, given the nature of the property and the use he is seeking. However, the resolution of the sale cannot be pronounced if the lack of conformity is minor. »
Art. L217-11 of the Consumer Code: “The application of the provisions of articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. These same provisions do not preclude the award of damages. »
Art. 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. »
Art. L217-13 of the Consumer Code: "The provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature recognized by law. »
Art. 1641 of the Civil Code: "The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which diminish this use so much that the buyer would not have it acquired, or would have given only a lesser price, if he had known them. »
Art.1642 of the Civil Code: “The seller is not liable for apparent defects of which the buyer has been able to convince himself. »
Art. 1643 of the Civil Code: “He is liable for hidden defects, even if he did not know of them, unless, in this case, he has stipulated that he will not be bound by any guarantee. »
Art. 1644 of the Civil Code: “In the case of Articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded, or keeping the item and getting part of the price refunded. »
Art. 1646 of the Civil Code: “If the seller is unaware of the defects of the thing, he will only be required to refund the price, and to reimburse the purchaser for the costs incurred by the sale. »
Art. 1648 of the Civil Code: “The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. (…)”
In the event of the occurrence of an event of force majeure preventing the execution of these GCS, KEKKO PARIS shall inform the Customer thereof within fifteen (15) days of the occurrence of this event, by email or by registered letter with acknowledgment of receipt. Expressly, are considered as cases of force majeure or fortuitous event, in addition to those usually retained by the jurisprudence of French courts and tribunals, total or partial strikes, lockouts, riots, boycotts or other industrial actions or disputes. business, civil disorder, insurrection, war, act of terrorism, severe weather, epidemic, blockage of transportation or supplies for any reason, earthquake, fire, storm, flood, water damage, government restrictions or legal, legal or regulatory changes in the forms of marketing, computer failure, blockage of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal execution of the contractual relationship. All the 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 KEKKO PARIS or the Customer without compensation on either side. Failure to pay by the Customer cannot be justified by a case of force majeure.
ABONNEMENT CURES ELEMENTARY.
Subscription to elementary cures. is monthly, i.e. every month. Subscription to this monthly Subscription subscribes the subscriber to the service of sending food supplements until one of the parties terminates this contract. By accepting this offer, the Subscriber accepts a monthly direct debit of an amount defined during the initial order. The Subscriber will thus be debited every month, twenty days after the initial Order or renewal of the Order, and will receive his product within five to seven working days, as long as the subscription continues.
According to the terms provided for in the “Unsubscribe” article of the General Terms and Conditions of Sale, the Subscriber may, at any time, terminate his Subscription.
By subscribing, the Subscriber declares to have read the General Conditions of Sale, to have understood them and to accept them without reservation, in full knowledge of the facts.
Article L. 215-1 of the Consumer Code, for service contracts concluded for a fixed period with a tacit renewal clause that the Seller must inform the Customer in writing, by personal letter or dedicated email, at the earliest three months and at the latest one month before the end of the period authorizing the rejection of the renewal, of the possibility of not renewing the contract that he has concluded with a tacit renewal clause. This information, delivered in clear and understandable terms, must mention the deadline for non-renewal in a visible box. If this information has not been sent to him, the Consumer may terminate the contract free of charge, at any time from the renewal date.
Advances made after the last renewal date or, in the case of open-ended contracts, after the date of conversion of the initial fixed-term contract, are in this case reimbursed within thirty days from the date of termination. , minus the sums corresponding, up to this point, to the execution of the contract. The provisions of this article apply without prejudice to those which legally subject certain contracts to specific rules with regard to consumer information.
In accordance with Article L. 241-3 of the Consumer Code, when the professional has not made the refund under the conditions provided for in Article L. 215-1 of the Consumer Code, the sums due are productive. interest at the legal rate.
The information allowing the Subscriber to identify himself, such as the username and password, is personal and confidential. This information can only be modified on the initiative of the Subscriber or the Company, in particular in the event of forgetting the password.
The Subscriber is solely responsible for the use of his identification elements. He is required to keep them secret. Any disclosure on its part can in no way be blamed on the Company. Any order placed using the Subscriber's username and password is deemed to have been placed by the latter. The Seller cannot under any circumstances be held liable for damages caused by the disclosure of this personal and confidential data by the Subscriber and therefore for the use of this data by a third party. The Company may not, in any event, be held liable for any damage of any kind whatsoever, in particular due to the use of the services subscribed to, whether it is an attack on the reputation , image, or loss of data that may occur due to the use of the services offered by the Company.
UNSUBSCRIBE CURES ELEMENTARY.
The Subscriber may terminate his Subscription at any time in his “my account” space on the Site. If the termination occurs after the automatic debit made for the month, the Order is deemed to have been concluded for the month concerned. The Subscriber may not demand the cancellation of this Order by arguing his request for termination.
The unsubscription is taken into account for the following month.
If one or more stipulations of these GCS are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain their full force. and their scope.
No tolerance, inaction or inertia on the part of KEKKO PARIS may be interpreted as a waiver of its rights under the terms of the GCS.