General conditions of sale (cgv) of kantsens

1. Identification of the enterprise

These General Conditions of Sale (GTC) are published by KANTENS, Société par Actions Simplified (SAS) with a capital of 10 000 €, registered in the Registry of Commerce and Companies (RCS) of Toulouse under the number 929 917 771 and having its head office at 478 rue de la Découverte, 31676 Labège, France.
Intra-Community VAT number : FR54929917771.
Contact:

Email: contact@kantsens.fr
Telephone: +33 6 98 71 11 00
Website: https://www.kantsens.fr/en/
Mailing address: KANTENS, 478 rue de la Découverte, 31676 Labège, France

2. Purpose and Scope

These Terms and Conditions govern commercial relations between KANTENS and its professional clients. They apply to all orders placed with KANTENS, regardless of the channel used (website, telephone, mail or email).

By validating the order, the customer acknowledges that he has read these Terms and Conditions and accepts them without reservation.

The GTCs applicable to any order are those in force on the day of the order. KANTENS reserves the right to amend them at any time.

Upon request by the Customer, they can be sent by e-mail or by post. The Customer must expressly accept the CGVs, by checking the box "I have read the general terms and conditions of sale and I accept them" before the validation of each order. The Customer acknowledges by this act that he has read and understood these Terms and Conditions and accepts them, without restriction or reservation. To the extent that the Customer orders online, the "double click" associated with the authentication procedure (identifier and password) constitutes the electronic signature within the meaning of Article 1316-1 of the Civil Code.

These GTCs constitute, in accordance with sections L441-1 to L441-6 of the Code of Commerce, the sole basis of the commercial relationship between the parties.

The General Terms and Conditions shall apply, without restriction or reservation, to all sales of the products listed in the product catalogue (hereinafter 'the Products'), in the territory of France (Metropolitan and Corsica), the Principality of Monaco, Belgium and Luxembourg, irrespective of the clauses which may appear on the Customer's documents, and in particular their general terms and conditions of purchase, unless expressly and in writing KANTENS has waived them.

In accordance with the regulations in force, KANTENS reserves the right to derogate from certain clauses of these Terms and Conditions, depending on the negotiations with the Customer, by establishing special conditions of sale.

Any order for Products implies, on the part of the Customer, full and unreserved acceptance of these Terms and Conditions, as well as conditions of use of the website https://www.kantsens.fr/en/ (hereinafter "the Website"), for orders made on the Website.

3. Product Information

KanTsens undertakes to provide a precise and detailed description of the essential characteristics of the products, including their use, dimensions and maintenance conditions, in accordance with article L.111-1 of the Consumer Code.

4. Prices

The prices displayed are expressed in euros excluding taxes (HT), plus VAT where applicable. They do not include transportation, customs or insurance costs unless otherwise stated. Prices are firm on the date of order and can be adjusted for delayed or staggered deliveries in case of significant cost changes.

The prices shown on the catalogues/paper or digital supports are indicative and may vary in the course of the year, depending in particular on changes in the cost of raw materials and the prices of our suppliers, variations in transport costs and labour costs. The price applied is that shown in the relevant "product sheet" on the Website on the day of the order, regardless of the channel through which it is made. To know it, sign in on kantsens.fr. If there is a difference in price between the relevant "product sheet" on the Website and the hard or interactive catalogues/supports, the only price applicable is that indicated in the "product sheet" on the website.

In the event of a prior request for quotation, the prices indicated shall be subject to the period of validity stipulated therein.

The prices on the website are subject to change at any time, but the prices charged are those entered on the Website and in force at the time of placing the order.

However, in the case of orders with timed deliveries at the customer's request, prices may be revised.

For professional customers, prices are stipulated in euros, excluding taxes, VAT in addition (except for Belgium and Luxembourg). Prices do not include transport, any customs charges, or insurances that remain at the Customer's expense. Prices are firm and non-revisable. They are therefore not subject to discounts, additional discounts or discounts for any advance payment.

Promotion codes or purchase vouchers shall be valid within the expiry dates mentioned either on the Website or in the mail or e-mail accompanying the description of the special offer, and subject to the availability of stocks. Promotion codes or purchase vouchers are valid only once and cannot be combined with other offers except for price reduction. They cannot be exchanged for cash or credited to a customer account.

In the case of a discount in euro, the amount of the discount shall be prorated on each item concerned. In case of return or cancellation of one or more items concerned, you will be refunded the price actually paid, regardless of the number or amount of items you keep. The use, even partial, of this rebate may not involve any monetary consideration in any form.

In the case of a percentage discount and the return of an article, the refund is made on the basis of the price actually paid.

5. Orders

Any order is considered firm and final after express acceptance by KanTsens and validation of the full payment. An order confirmation is sent to the customer by email.

The customer is responsible for the accuracy of the information provided. In case of error involving additional costs (e.g. delivery), these will be borne by the customer.

In all cases, the Customer is responsible for the accuracy and completeness of the information set out at the time of ordering. Thus, KANTSENS accepts no responsibility for the technical specifications, characteristics and references stipulated by the Customer when placing the order, in the event that they prove to be inadequate or false. Furthermore, KANTSENS cannot guarantee the consequences or be held responsible for additional delivery times, or for additional delivery costs caused by an error by the Customer as to the indication of his address and/or delivery address. In these cases, the costs incurred by KANTSENS, resulting from errors in the information provided by the Customer, will be borne by the Customer, in particular the costs of returning or returning the order.

5.1For orders made on the Website, the Customer is considered to have placed the order once he has accepted these GTCs by checking the box provided for this purpose and clicking on the "order" button after having carried out and validated the various steps of the order. The information of all mandatory fields is one of the requirements for recording and validating the order. The validation of the order constitutes proof of the contract of sale.

5.2Sales are only perfect after validation of the payment and express acceptance of the Customer's order by KANTSENS, which will in particular ensure the availability of the Products requested and after payment by the Customer of the full price.

As soon as the sale is finally concluded, a summary of the order is sent by e-mail to the e-mail address indicated by the CUSTOMER at the time of the order, or in default by mail.

5.3For orders made by mail and e-mail, they are evidenced by the transmission of the order form generated by the Website by the Customer to KANTSENS.

Sale is perfect only after receipt of payment in the hands of KANTENS

5.4For orders placed by telephone, they are transmitted orally by the Customer, who confirms his knowledge and acceptance of these Terms and Conditions and any specific conditions agreed upon.

The sale is perfect only after receipt of the payment in the hands of KANTSENS.

It is up to the Customer to check the order's accuracy and immediately report any errors to KANTSENS

5.5Any modifications requested by the Customer after confirmation of the order, can only be taken into account in case of express notification to KANTSENS, within the limits of the possibilities of KANTSENS, at its sole discretion and after any adjustment of the price. Furthermore, KANTSENS reserves the right to refuse any order from Customers, including those with whom disputes may exist, as well as any order from Customers in deferred payment, which would not provide sufficient solvency guarantees.

5.6Unless proven otherwise, the data recorded by KANTSENS is evidence of transactions with Customers. Furthermore, in accordance with the provisions of article 1127-1 of the Civil Code, the General Terms and Conditions may be kept by any person visiting the Website, by means of a computer recording and may be reproduced by means of their printing.

6. Payment

Payment is due on order, unless otherwise stipulated. The accepted methods of payment are:

Bank card
Bank transfer
PayPal

In case of late payment, late payment penalties equivalent to 3 times the legal interest rate will apply, as well as a flat-rate compensation of €40 for recovery costs, in accordance with article L.441-10 of the Commercial Code.

As an exception to these conditions of payment, the invoice is payable by the Customer within 30 days of the date of issue of the invoice, after express acceptance of the file by KANTSENS.

In case of payment by credit card or credit card, debit is made upon receipt of the order.

Payments made by the Customer are considered final only after actual receipt of the amounts due to KANTSENS.

7. Delivery

KANTENS commitment to comply with the delivery times indicated during the order, subject to logistical constraints and force majeure.

Delivery costs: Available for any order over 290 € tax excl.
Delivery time: 2 to 4 working days in metropolitan France.
The customer is required to verify the products on receipt and report any non-compliance or damage to the carrier within 3 days.

The Customer acknowledges that it is up to the carrier to make the delivery, KANTSENS being deemed to have fulfilled its obligation to issue once it has delivered the Products ordered to the carrier who has accepted them without reservation.

The Customer is required to check the status of the Products at the time of delivery. In the absence of clear and factual reservations or complaints concerning delay, loss, damage or non-compliance of Products delivered to the order, expressly issued and formulated by the Customer to the carrier within 3 days, not including holidays, following that of this receipt, by extrajudicial act or by registered letter, the Products will be deemed to conform in quantity and quality to the order. The Customer will attach to his reservations or claims all supporting documents. He will inform KANTSENS without delay.

Unless otherwise stated, our deliveries are made by one of our carriers at the "no door" within 2 to 4 working days (except large packages and island deliveries) from the date of confirmation of the order by KANTSENS, subject to the availability in stock of the Products covered and the payment of the price of the Products by the Customer.

The delivery times being given by way of indication their exceedance cannot give rise to the cancellation of the order and does not qualify for damages or penalties of any kind.

8. Availability

Offers of Products shall be within the limits of available stocks, as specified at the time of placing the order.

In the event of an unavailability of one or more Products after placing the order, the Customer will be informed by telephone, email or mail upon receipt of KANTSENS information by its suppliers. KANTENS may propose an equivalent article. The customer may also request the resolution of the contract with respect to the missing product(s) alone by LRAR or in writing on another durable medium. In the event of prior receipt by KANTSENS, the Customer will be able to request the refund of this too collected amount which will take place within three weeks at the latest following the date of notification of the order of the unavailable product(s).

In no case shall KANTSENS be held liable for any unavailability of Products or any consequences thereof, provided that the Customer has been informed as indicated above. In particular the Customer will not be entitled to damages or price reduction.

9. Reserve of Ownership

The products remain the property of KANTENS until full payment. However, risks (loss, theft, deterioration) are transferred to the customer upon delivery.

KANTSENS reserves, until the full payment of the price in principal and accessories by the Customer, a right of ownership over the Products sold, allowing it to regain possession of the said Products, under the conditions of articles 2276 of the Civil Code and L624-16 et seq. of the Commercial Code.

However, the full risk of loss or damage to retention-of-title property and any damage it may cause shall be borne by the buyer from the date of delivery.

Products, until full payment, cannot be transformed, given as pledge, transferred as security or without the prior and express agreement of KANTSENS.

In the event of an authorized assignment, the Customer must inform the sub-buyer of the existence of the retention-of-title clause and justify it to KANTSENS.

All amounts (partial payment) already paid by the Customer will remain acquired by KANTSENS as a lump sum compensation, without prejudice to any other actions which it would be entitled to intend accordingly against the Customer.

The Customer shall inform KANTSENS without delay of any seizure of these Products.

The claim for property reserved for KANTENS shall be made by registered letter with notice of receipt or in any other form provided for in the laws and regulations in force. All claims costs are borne by the Customer, without prejudice to any damages.

10. Right of withdrawal

In accordance with article L.221-18 of the Consumer Code, the customer has 14 calendar days to withdraw.

Products concerned: All except legal exclusions (personalised products, perishable products, etc.).
Return expenses: Charged by the client.
Method: Return to the original package with accessories, to the address communicated by KanTsens.

The Customer shall enjoy a right of withdrawal only in the case of contracts concluded outside the establishment where the subject matter of such contracts does not fall within the scope of the main activity of the requested professional and the number of employees employed by the latter is less than or equal to five in accordance with the provisions of Article L221-3 of the Consumer Code.

In this case alone, in accordance with article L221-18 of the Consumer Code, the right of withdrawal is exercised within fourteen (14) days of receipt of the Product, allowing the Product to be returned without having to justify reasons or to pay penalties.

It is recalled that all Products may be returned, with the exception of the products listed in article L221-28 of the Consumer Code, i.e., Personalized or custom-made products, Products which were unsealed by the Buyer after delivery and which cannot be returned for reasons of hygiene or health protection or any other product included in the legal exclusions. Products must not have been worn or used for prolonged periods of time, washed or damaged, and must be returned intact in their original packaging with any accessories, user manuals and other documentation.

The Customer will exercise his right to withdraw directly from KANTSENS by informing him in an unambiguous way of his decision to withdraw, notably through an email addressed tocontact@kantsens.frOr from a telephone call to 06 98 71 11 00. In this case we will send you without delay an acknowledgement of the withdrawal by email.

The Customer must use the return form on the delivery note accompanying the goods. The return fee is the responsibility of the customer.

The products being fragile cannot be returned by mail. The customer appeals to the carrier of his choice and is invited to consult for himself the delivery rates adapted to his shipment on an external site independent of KANTSENS.

The Customer shall return the Products concerned only to the address indicated by KANTSENS and listed below, within fourteen (14) days of the notification of its withdrawal.

Le Roy Logistique, 5 chemin Bordeneuve 31790 Saint Jory.

KANTSENS cannot be held liable in case of loss of the Product if the Customer has not returned the Product to the address communicated.

In the event of the exercise of the right of withdrawal within the above period, only the price of the product(s) purchased and the delivery costs (on the basis of the standard tariff) actually paid will be reimbursed.

The refund will be made in the same way as the payment, in accordance with the provisions of article L221-24 of the Consumer Code.

However, delivery costs will not be re-credited if one of the Products purchased from KANTSENS is retained by the Customer.

In accordance with the provisions of article L221-23 of the Consumer Code, consumer liability may be incurred in case of depreciation of articles resulting from manipulations other than those necessary to establish their nature, characteristics and proper functioning.

11. Exchange - Return

We are vigilant about the quality of our products. Nevertheless, within 14 days of receipt at home or the withdrawal of the package, KANTENS shall exchange or refund any item which would not give full satisfaction to the CUSTOMER, with the exception of Customised or Custom Made Products, Products which have been unsealed by the customer after delivery and which cannot be returned for reasons of hygiene or health protection or any other product included in the legal exclusions. Products must not have been used or worn for extended periods of time, washed or damaged and must be returned intact in their original packaging with any accessories, user manuals and other documentation.

The return fee is the responsibility of the customer.

The Customer shall return the Products concerned only to the address indicated by KANTSENS and listed below, within fourteen (14) days of the notification of its withdrawal.

Le Roy Logistics, 5 chemin Bordeneuve 31790 Saint Jory

KANTSENS cannot be held liable in case of loss of the Product if the Customer has not returned the Product to the address communicated.

The refund upon express request of the Customer will be made in the same manner as the payment, in accordance with the provisions of article L221-24 of the Consumer Code.

However, delivery costs will not be re-credited if one of the Products purchased from KANTSENS is retained by the Customer.

11.1 Special case of a non-compliant product

In addition to the provisions provided for in Article 9 of these Terms and Conditions, in the event of a complaint concerning the Products delivered (damaged products, Products not in accordance with the order or the Product Sheet, Missing products, ...), the Customer must contact KANTSENS, via an email addressed tocontact@kantsens.fr or from a telephone call to 06 98 71 11 00.

The Customer will have to follow the instructions given by KANTSENS regarding the procedure for returning the Products.

After finding the non-compliance or damage suffered by the Product, KANTSENS will either send a new Product, at no additional cost, according to the choice of the Customer, or will proceed to the establishment of an asset.

12. Liability

Unless otherwise provided by law, the liability of KANTSENS cannot be sought beyond 6 months after the event giving rise to the damage and only for proven fault.

The liability of KANTSENS for failure to perform any of its applicable and/or non-contractual contractual and/or legal obligations shall be limited to the HT price of the Products which have generated the damage.

KANTSENS cannot be held liable for any indirect or immaterial damage and more generally for any loss of an economic or financial nature such as loss of operation or customer...etc or in the event of the occurrence of a case of force majeure as defined by the Civil Code or case law.

KANTSENS' liability cannot be sought for any damage arising out of an abnormal use of the Product, improper installation, storage, storage, or assembly (non-compliance with instructions for assembly or use), failure to maintain, misuse or use not in accordance with technical or use specifications (non-compliance with maintenance and maintenance requirements), modifications or repairs made by the Customer or a third party, damage caused by objects, external events such as accidents, shocks, fires, vandalism, damage to water, natural or artificial lights (in the event of discoloration), natural disasters or weather.

KANTENS shall not be liable for any difficulty in accessing its Website, any disturbance or interruption during or after the connection to its Website and any consequences arising from the use of its Website

13. Guarantees

KANTENS guarantees the conformity of products sold (articles L.217-4 et seq. of the Consumer Code) and against hidden defects (articles 1641 et seq. of the Civil Code).
In case of default, the customer may request replacement, repair or refund of the product.

The Customer will have to follow the instructions given by KANTSENS regarding the procedure for returning the Products.

14. Liability

KANTENS shall not be liable for:

Indirect damage (loss of exploitation, loss of profits, etc.)
Defects resulting from improper use or unauthorized modification of products.
KanTsens' liability is limited to the amount of the order in case of proven fault.

15. Data protection

KANTSENS undertakes to respect the confidentiality of the personal data collected as part of the orders, in accordance with the GDPR. The customer has rights of access, rectification, opposition and deletion by writing to rgpd@kantsens.fr.

KANTSENS attaches great importance to the protection and respect of the privacy of its Customers and their personal data and undertakes to comply with the applicable rules, in accordance with the obligations arising in particular from the "Informatique et Libertés" Law No 78-17 of 6 January 1978 amended and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016. KANTENS collects and processes the personal data of its Customers in order to manage the various stages of the order processing. This data can be communicated to possible KANTSENS partners responsible for the execution, processing, management and payment of orders. The Customer has a right of access, rectification, opposition and deletion of his personal data. He may exercise these rights by writing torgpd@kantsens.fr, specifying its contact details (name, SIRET number, address of the registered office, contact details of the contact person). KANTSENS may be required to verify the client's identity in order to secure the processing of his request.

16. Intellectual and industrial property rights

KANTSENS shall retain all industrial and intellectual property rights relating to its name, trade name, trade mark, technical products, photos and documentation which may not be communicated or exploited without its written authorization, in accordance with the provisions of the Intellectual Property Code.

KANTENS is the holder of all intellectual property rights in its Products and, more generally, in trademarks, illustrations, images and logos reproduced on its articles, accessories or packaging. They are and remain the exclusive property of KANTENS, with the exception of the rights held by its partners and/or suppliers in their products, brands and logos presented on the Website. Any total or partial reproduction, modification and/or use of such images, photographs of ambiance, detoured photographs, videos, graphic charter, sounds, logos, products, brands, models, domain names, texts, typography, for any reason and on any medium whatsoever, without the express and prior consent of KANTSENS, is strictly prohibited. The creation of works derived from the generated elements is also strictly prohibited. KANTSENS is the owner of all intellectual property rights in its designs, trademarks, models and patents which are the property of KANTSENS.

No assignment of intellectual property rights shall be effected through this Agreement. Any partial reproduction, modification or use of these elements protected by a private right on any ground whatsoever is strictly prohibited and will constitute an act of infringement which can be criminally and civilly condemned.

16.1 Customization Service and Customized

The Customer undertakes to provide KANTSENS with the necessary elements to customize the product. These elements shall conform to the specifications set out in the technical specifications file. The Customer guarantees the right to reproduce documents, images, logos, fonts, benefiting from intellectual property laws, the printing of which is entrusted to KANTSENS. It bears full responsibility for any damage that may be invoked by a third party. In no case shall KANTSENS be held liable for infringement of intellectual property rights owned by a third party in respect of the elements supplied to it by the Customer. the customer guarantees KANTSENS all the harmful consequences resulting from the violation of the above rights.

17. Major Force Clause

KANTSENS will not be held responsible for delays or inactions due to unpredictable and irresistible events (natural disasters, strikes, epidemics, etc.)

KANTSENS is relieved of the obligation to deliver in accidental or force majeure cases, as defined by the Civil Code, by the French courts and tribunals as an event of which KANTSENS cannot reasonably have control, prevents the performance of its obligations or significantly increases the cost. Being specified that are considered as accidental or force majeure cases under these GTCs, without such a list being limiting, a disaster, an epidemic, pandemic, or a natural disaster, a geopolitical event (wars, acts of terrorism, embargo, ...) the total or partial interruption of transport or its slowing down, the shortage of raw materials, energy or stock ruptures, strikes or any causes leading to the unemployment of the staff of manufacturers or suppliers, the delay of delivery of manufacturers, suppliers or subcontractors, compliance with new laws or regulations, an unpredictable evolution of the market

KANTSENS will also not be liable for any failure or delay in the performance of its contractual obligations which are directly attributable to a regulatory act in which legislation the consequence of which would be the closure of production plants.

In these cases and if the event lasts more than 30 days, KANTENS can either postpone delivery or cancel orders. The Customer will be informed of the difficulties encountered and the fate of his orders. The same circumstances allow KANTENS to change the nature and number of Products proposed or ordered. KANTSENS informs the Customer beforehand and offers one or more replacement products. The Customer is free to accept or refuse substitution but cannot claim compensation or damages under any circumstances. Force majeure does not suspend payment for products already delivered. Force majeure excludes the debtor from the obligation of any penalty for delay and other damages.

18. Dispute Settlement

These Terms and Conditions are subject to French law. In the event of a dispute, the parties undertake to seek mediation before any legal remedy. The competent courts will be those of Toulouse.

Conditions of use