Article 1: CONDITIONS APPLICATIONS
The Seller is defined below as www. kyqyo.com, website published by the auto-company Kyqyo, headquartered at 49 Belgrand Street, 75020 Paris, SIREN 790936652.
The Buyer is defined below as any individual or legal person, company, company, association, individuals using the www site. kyqyo.com signatory and accepting these terms and conditions of sale.
The terms and conditions of sale apply exclusively to all sales concluded by www. kyqyo.com both on his own behalf and on the behalf of his constituents. All other conditions only commit the Seller after written confirmation from him.
Information provided at www. kyqyo.com for catalogues, photographs, price list, notes, etc. are given only as an indication and can, as such, be modified by the Seller without notice. The mere act of ordering or accepting an offer from the Seller involves the full acceptance of these terms and conditions of sale. These terms and conditions of sale may be amended at any time and without notice by www. kyqyo.com,the changes are then applicable to all later orders.
Www. kyqyo.com may have to change certain provisions of its general terms of sale on an ad hoc basis, so we strongly advise the Buyer to review them before each order validation. The Buyer acknowledges that he is fully informed that his agreement regarding the content of these terms and conditions of sale does not require the handwritten or electronic signature of this document, as long as the Buyer wishes to order the products presented in the online shop www.kyqyo.com. The Buyer is deemed to accept without reservation all the provisions set out in these terms and conditions of sale.
Article 2: ORDERS
Offers are valid within the limits of stocks available from our suppliers. In the event of a quote, the offer will remain valid for seven free days unless contrary stipulations are made on the offer. French/English are the only languages proposed for the conclusion of the order. We take great care to bring essential product information and features online, including technical descriptions from our various partner suppliers and product photographs.
The information and photographs contained on the site are not contractual and may contain errors.
2-1: PRODUCT DESCRIPTION
The essential characteristics of the products are indicated in the product sheet, which usually contains a photograph of the product and indicates its particularities. Photographs illustrating, in support of the text, the products do not fall within the scope of the contract. If errors have been made, under no circumstances is the responsibility of www. kyqyo.com can’t be hired. The detailed product sheet is the only contractual source. Our suppliers can change the technical composition of the products without notice. www.kyqyo.com is at all times entitled to update, improve its technical records or withdraw its peripheral products and/or products from sale.
2-2: PRODUCT AVAILABILITY
If a product is not available for use, www.kyqyo.com can provide a product of equivalent quality and price. Our offers are valid subject to availability at our suppliers. We are committed to informing you by email within eight free days and to inform you of a waiting period for a receipt of this product in case of availability after passing your order. In case of partial unavailability of products, www.kyqyo.com may have to split the order. Thus the available products can be sent when all the other products are available. In the event of the unavailability of a product ordered, especially due to our suppliers, the Buyer will be informed as soon as possible and will have the option to cancel his order. The Buyer will then have the choice to request the refund of the sums paid within 30 days of their payment, by cheque, or to wait for the availability and delivery of the products.
2-3: STEPS TO COMPLETE THE ORDER
On the first order on www.kyqyo.com any new Buyer will have to create a “customer account.” An identifier or login and a password of at least six alphanumeric characters will be requested. With each order validation, you will be directed to your account via a secure connection that recalls the contents of your order. Your order will only be permanently registered after information and final validation. When you register the order by selecting a settlement method, the sale is deemed to be concluded. The buyer’s validation of the order is an electronic signature that has the value of a handwritten signature between the parties. Act 2000-230 of March 13, 2000, adapting the law of evidence to information technology and relating to electronic signature, Article 1316-1 of the Civil Code, relating to electronic signature. www.kyqyo.com reserves the right to cancel or refuse any order from a Buyer with whom there is a dispute over the payment of a previous order.
2-4: ORDER CANCELLATION
The order placed on our website www.kyqyo.com is automatically cancelled if the settlement is not received within 8 free days. From the moment the Buyer has validated his order, he is considered to have knowingly accepted and adherence without restrictions or reservation to these general terms of sale. Prices, volumes and quantities of products offered for sale and ordered. The Buyer’s order will have to be confirmed by www.kyqyo.com by sending an email. The sale will only be considered final after sending this confirmation email and cashing in the entire price. www.kyqyo.com recommends that the Buyer keep this information on a paper or electronic document.
Article 3: PRICE
Prices listed on the website www.kyqyo.com are indicated in euro , excluding delivery costs and possible technical costs that will be indicated before the validation of the order. The prices on your order after it has been validated and registered are firm and final. If prices fall after your order, we will not be able to compensate you for the difference. If prices go up, we are committed to delivering you at the price set on the day of the order. Prices are expressed H.T. VAT is not applicable, in accordance with Article 293 B amended by Act No. 2009-1674 of December 30, 2009 – art. 18 (V) of the general tax code. The payment of the entire price must be made at the time of the order. At no time can the sums paid be considered as deposits or instalments. The cashing of the entire order amount will be made at the time the order is validated or in case of payment by cheque or transfer, when it is received.
Article 4: SHIPPING
The products are delivered to the address indicated by the Buyer to the order. It must verify the completeness and compliance of the information it has provided. Our delivery times are indicated in working days as an indication and are to be considered once the order is validated. A delay in delivery cannot in any way entitle you to any compensation or penalty. We invite you to report any delivery delays of more than seven days to allow us to start a survey with the carrier. Investigation times can vary from one to three weeks, depending on the carrier. If the parcel is found immediately to your delivery location during the investigation period. During this investigation period, no refunds, refunds or returns of replacement goods will be possible. An express agreement, a case of force majeure preventing delivery cannot be attributed to www.kyqyo.com. Lock-OUT, strike, total or partial work stoppage at www are considered as major cases of force or exceptional events by law.kyqyo.com or service providers, epidemic, war, requisition, fire, flood, interruption or delay in transport, legal or administrative measures preventing, restricting, delaying or prohibiting the manufacture or importation of the goods, etc. the Seller is relieved of all responsibilities for delivery. The seller will keep a timely update on the above cases and events listed the Buyer. In all cases, delivery on time can only take place if the Buyer is up to date with his obligations to the Seller regardless of the cause.
Orders are shipped between 2 and 5 days after the order is validated, if longer delays are required to prepare a certain type of product, the additional time frames are specified in the product sheet.
Article 5: TRANSPORT
Unless express and contrary, www.kyqyo.com freely chooses the carrier. www.kyqyo.com supports the risks associated with transport to delivery, i.e. until the physical handing over of the goods to the recipient indicated at the time of the order or to his representative who accepts it, provided that the Buyer checks the goods at the reception in the presence of the carrier and means, if necessary, in writing on the transport voucher or car letter. , the reservations observed according to the procedure below. Exceptionally, the risks and perils of transport, including loss, deterioration or theft, are the responsibility of the Buyer if the latter is a professional. You must refuse delivery if the package or merchandise is damaged, missing or if the package has been opened or repackaged. In the event of loss or damage, you must issue specific and detailed written reservations about the carrier’s travel voucher or car letter in the presence of the carrier or its employee (The “subject to unpacking control” style reserves is worthless). You must then send the carrier a recommended letter with acknowledgement of the reservations within three free days of delivery. In order to help you in this process, we invite you to contact us via the [email protected] page .kyqyo.com The goods accepted without reservation by the Buyer at the time of delivery and/or in the absence of mail addressed to the carrier within three free days, are deemed to arrive in good condition and in full. No claim can be covered by www.kyqyo.com and liability cannot be incurred. If you have any questions or difficulties you may encounter, please contact us via our [email protected] page www.kyqyo.com.
Article 6: CLAIMS, GUARANTEES, RETURNS
For any complaints, please contact us by visiting our contact page. All claims relating to a defect of goods delivered, inaccuracy in quantities or their erroneous references to the offer accepted or confirmation of the order by the Seller, must be made to the Seller by registered mail with acknowledgement within 48 hours of receipt of receipt of the goods, without neglecting if necessary and in accordance with Article 5 of these general terms of sale. , the remedies against the carrier otherwise the Buyer’s right to claim will cease to be acquired. Any return of goods requires the prior grant of www.kyqyo.com which can be obtained via the [email protected] page www.kyqyo.com Failing a return agreement, the goods will be returned to you, at your own expense, risk and risk, all costs of transport, storage, handling being your responsibility. The Buyer has, after obtaining the return agreement, a five-day free period of time to return defective goods to www.kyqyo.com. Goods must be returned with a copy of the invoice. Any defective products must be returned in its original packaging, include all the product and its accessories accompanied by all documents, warranty voucher (not filled), notices, etc. Incomplete, damaged, damaged and/or original packaging will not be refunded, re-sold, exchanged or refunded. In accordance with Article 4 of Decree No. 78-464 of 24 March 1978 pursuant to Section 35 of Act 78-23 of 10 January 1978 relating to the fight against abusive clauses on the protection and information of consumers of products and services, the provisions of these provisions cannot deprive the Buyer of the legal guarantee which obliges the Seller to guarantee it against the consequences of the hidden defects of the thing sold. The Buyer is expressly informed that www.kyqyo.com is not the producer of the products presented under its website, under The L98-389 Act of May 19, 1998, relating to liability for defective products. Therefore, in the event of damage caused to a person or property by a defect in the product, only the liability of the manufacturer of the product can be sought by the Buyer. The goods we market as a reseller follow the manufacturer’s warranty regime, which we undertake to comply with after the manufacturer’s agreement. The fact of a claim does not in any way remove the Buyer from its obligations to pay the invoice within the agreed time frame. The refund or potential assets are based on receipt of the goods whose dispute has been duly determined and accepted by www.kyqyo.com The costs incurred for the return of the goods for a few reasons are the exclusive responsibility of the Buyer. No return to port due will be accepted. Products made to buyer’s specifications or customised, marking, drawing, embroidery or any merchandise under Article L121-20-2 amended by Order No. 2005-648 of June 6, 2005 – art. 1 JORF 7 June 2005 effective December 1, 2005 of the Consumer Code, will not be taken back, exchanged or refunded. No claim may be entitled to any compensation or penalty.
Article 7: WITHDRAWAL OPTION, RESERVED FOR PRIVATE INDIVIDUALS ONLY
Under the conditions of Article L121-20 and following articles, amended by Act No. 2005-841 of July 26, 2005 – art. 3 JORF 27 July 2005 of the Consumer Code and in the context of the distance sale, the Buyer has a withdrawal period of seven free days. The time frame mentioned is short from receipt for goods or acceptance of the offer for services. When the seven-day period expires on a Saturday, Sunday or a public holiday or a public holiday, it is extended until the next business day. The Buyer must return the goods in their original condition and packaging. Any return of goods requires an authorization that can be obtained free of charge via the [email protected] page www.kyqyo.com our site. The return of the goods takes place at the buyer’s expense, risk and peril. It should be noted, however, that the right of withdrawal will not be exercised under any circumstances for products defined in the context of the application of Article L121-20-2 amended by Order No. 2005-648 of June 6, 2005 – art. 1 JORF 7 June 2005 in effect on 1 December 2005 of the Consumer Code. This right of withdrawal is exercised without penalty, with the exception of return fees, as shown above. In the event of the exercise of the right of withdrawal, the Buyer has the choice to request either the refund of the sums paid or the exchange of the products. In the case of an exchange, the re-shipment will be at the Buyer’s expense. If the right of withdrawal is exercised www.kyqyo.com will make every effort to repay the Buyer within 15 days by cheque. No right of withdrawal may entitle you to any compensation or penalty. The ability to withdraw is reserved exclusively for individuals, it cannot apply under any circumstances to a professional or a holder of a SIREN Number, in accordance with the law in force.
Article 8: PROPERTY RESERVE
Under Act 80-335 of May 12, 1980, relating to the effects of property reserve clauses in sales contracts, the goods that will be delivered and invoiced to the Buyer will remain the property of www.kyqyo.com until their full payment of their price. Failure to pay may result in the goods being claimed by www.kyqyo.com,the return being immediate and the goods delivered at the buyer’s expense, risks and perils. During the period from delivery to transfer of ownership, the risks of loss, theft or destruction, as well as the damage that could cause the Buyer remain at his expense. The Buyer undertakes, in the case of a legal redress procedure affecting his business, to actively participate in the establishment of an inventory of the goods in his inventory, which the Seller claims ownership of. Failing that, the Seller will have the ability to have the inventory recorded by judicial officer at the Buyer’s expense. The seller may prohibit the Buyer from reselling, processing or incorporating the goods in the event of late payment. If the goods are sold in the meantime, it is up to the Buyer to transfer the debt to us and if settlements on these receivables are made, they must be sent to us receipts. To guarantee payments not yet made, including the buyer’s account balance in the seller’s entries, it is expressly stipulated that the right to goods delivered but unpaid will refer to identical goods from the Seller in Stock at the Buyer, without the need to charge the payments on a specific sale or delivery.
Article 9: RESOLUTORY CLAUSE
In the event of non-compliance with one of the Buyer’s obligations by the buyer, the sale may be terminated as of right and the goods returned to the Seller if he sees fit, without prejudice to any damages that the seller could claim against the Buyer, within 48 hours of the notice that has not been effect. In this case, the Seller is allowed to claim from the Buyer a lump sum compensation of 10 of the amount of the sale.
Article 10: PAIEMENT
Any settlement paid to www.kyqyo.com cannot be considered a deposit or a down payment.
10.1: PAYMENT MODES Payments must be made in such a way that the Seller can dispose of the sums on the date of the invoice. Payment is made, except for specific stipulations on the website www. kyqyo.com or granted to companies after reviewing their file, to order:
– By Bank Card (with a validity of at least one month for a cash payment and six months in case of split payment). The entry of bank information is done via a secure server to ensure the security and confidentiality of the information provided during the banking transaction.
– By Cheque (issued by a bank domiciled in metropolitan France). The cheque must be sent to www.kyqyo.com, at 49 Rue Belgrand, 75020,Paris. It should be accompanied by a copy of the acknowledgement email for your order. The cheque must be in the name of the person who placed the order. Failing that, he must mention the order number and customer number on the back of the cheque. It will be cashed as soon as it is received. Your order will be processed from the date it is received. – By bank transfer, to the details that have been given to you. The costs are borne by the Buyer. www.kyqyo.com reserves the right to ask you for a bank cheque in case the sums incurred are large. In the event that the Seller accepts a payment by draft, the Buyer must return accepted and domiciled within eight free days. The costs are borne by the Buyer, if the process is accepted within the time limit, the payment will immediately become due.
For reasons of fraud limitations, www.kyqyo.com reserves the right to accept an order to ask you to justify your identity and place of residence, and the means of payment used. In this case, your order will be processed after receiving these documents. We reserve the right to cancel your order if you do not receive these proofs or receive proofs deemed non-compliant.
Article 11: ELECTRONIC AND ELECTRONIC EQUIPEMENTS (EEE)
For equipment excluded from the scope of Decree 2005-829 of 20 July 2005 relating to the composition of electrical and electronic equipment and the disposal of waste from such equipment and in accordance with Article L541-2 Environmental Code it is the responsibility of the waste holder to ensure or dispose of it. For the equipment affected by the decree, and in accordance with Article 18 of the 2005-829 decree, the organisation and financing of the removal and treatment of EEA waste, the subject of this sales contract, are transferred to the Buyer who accepts them. The Buyer ensures the collection of the equipment, its treatment and its valuation in accordance with Article 21 of the decree. The above obligations must be passed on by successive buyers to the final user of the EEA. The Buyer’s failure to comply with the obligations thus set up in his office may result in the application of the criminal sanctions provided for by Article 25 of the 2005-829 decree against him.
Article 12: INTELLECTUAL PROPERTY
All elements of the website www.kyqyo.com,whether visual or audio, texts, layouts, illustrations, photographs, documents and other elements, including the underlying technology, are protected by copyright, trademarks and patents. They are the exclusive property of www. kyqyo.com. Any copying, adaptation, translation, representation or modification of all or part of the site is strictly prohibited, without the prior written consent of www. kyqyo.com. Any reproduction, even partial, of the elements of the site www.kyqyo.com without the written consent of us is prohibited, in accordance with Law 57-298 of March 11, 1957 on literary and artistic property and Modified by LOI No. 2009-669 of June 12, 2009 – art. 21 of the Intellectual Property Code. Except in cases provided for by Article L122-5 of that code and would constitute infringement sanctioned by the Penal Code.
Article 13: INFORMATION TECHNOLOGY AND CIVIL LIBERTIES
The information that is requested from the Buyer is necessary to process his order and may be communicated to the contracting partner suppliers of www. kyqyo.com involved in the execution of this order. Through us, you may be required to receive business proposals from other partner companies. If you don’t want to receive them, just contact us on our [email protected] page www. kyqyo.com,to object to such disclosure, or to exercise your rights to the information about you and contained in the www files. kyqyo.com. Under Act 78-17 of January 6, 1978 on computer science, files and freedoms, Consolidated version as of May 14, 2009, you have the rights of objection (Article 26), access rights (articles 34 to 38) and rectification rights (Article 36) of the data concerning you. For example, you may require that information about you be corrected, supplemented, clarified, updated or deleted that is inaccurate, incomplete, equivocal, out of date, or that is prohibited from collecting, using, communicating or storing. If you would like to use this right, just write to us on our page [email protected] www. kyqyo.com.
Article 14: COMPUTER PROBLEMS
The buyer is aware of the characteristics of the internet computer network and in particular the possibility of link interruptions, server failures, electrical problems or other (the list is not limited) www.kyqyo.com cannot be held responsible for the consequences of such events and will be relieved of any obligation to the Buyer. No claim may be entitled to any compensation or penalty.
Article 15: NO PARTIAL VALIDATION
If one or more stipulations of these terms and conditions of sale are held to be invalid or declared invalid under a law, decree, regulation or as a result of a final decision of a competent court, the other stipulations will retain their full strength and scope.
Article 16: APPLICABLE LAW
These terms and conditions of sale are subject to French law. The application of the Vienna Convention on the International Sale of Goods is expressly excluded. The registers and computer files of www. kyqyo.com will be considered by the parties as evidence of communications, orders, payments and transactions between the parties, unless proven otherwise. All different aspects of training, the performance and termination of contractual obligations between the parties that cannot give rise to an amicable settlement will be submitted to the French courts. The fact for www. kyqyo.com not to avail himself at any given time of one of the clauses of these terms and conditions of sale, cannot be worth denunciation to avail themselves of these same clauses at a later date.
Article 17: JURISDICTION CLAUSE
For all disputes and challenges, regardless of the nature or cause, only the Paris courts will have jurisdiction, even in the case of referrals, appeals for guarantees or plurality of defenders. Acceptances, drafts, powers of attorney, terms and conditions of carriage do not constitute a novation or derogation from this clause.