GENERAL CONDITIONS OF SALE Edition 3 August 6, 2023
ARTICLE 1 - Scope of application
These General Conditions of Sale apply, without restriction or reservation to all sales concluded by KERSTONE TRADING ("the Seller") to consumers and non-professional buyers ("The Customers or the Client"), wishing acquire the products offered for sale by the Seller ("The Products") on the website http://Epsealonstore.com.
They specify in particular the conditions of ordering, payment, delivery and management of possible returns of Products ordered by Customers.
These General Conditions of Sale may be supplemented by special conditions, set out on the website, before any transaction with the Customer.
These General Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
They are accessible at any time on the website http://Epsealonstore.com and will prevail, where applicable, over any other version or any other contradictory document.
These General Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the website on the date of placing the order.
These General Conditions of Sale will remain in force until their next modification.
Changes to these General Terms and Conditions of Sale are binding on users of the http://Epsealonstore.com website from the time they are put online and cannot be applied to transactions entered into previously.
ARTICLE 2 - Products offered for sale
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the website http://Epsealonstore.com.
The Customer is required to read it before placing any order.
The choice and purchase of a Product is the sole responsibility of the Customer.
The Customer is required to refer to the description of each Product in order to know its properties, the essential particularities and the delivery times, as well as, in the event of continuous or periodic supply of a good, the minimum duration of the proposed contract. .
The contractual information is presented in French and is subject to confirmation at the latest when the order is validated by the Customer.
The Products presented on the website http://Epsealonstore.com are offered for sale for the following territories:
Metropolitan France, DOM TOM,
Germany, Belgium, Netherlands, Luxembourg
Austria, United Kingdom, Spain, Portugal, Ireland, Italy, Switzerland, Lichtenstein
Estonia, Hungary, Latvia, Lithuania, Czech Republic, Slovakia, Slovenia, Denmark, Poland Sweden Andorra
Balearic Islands, Bulgaria, Cyprus, Croatia, Finland, Greece, Iceland, Norway, Romania
Bosnia, Serbia, Ukraine, Malta
In the event of an order to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned.
For all Products shipped outside the European Union and DOM-TOM, the price will be calculated excluding taxes automatically on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable. They will be charged to and are the sole responsibility of the Client.
ARTICLE 3 - Duration of validity of the Product offer
Product offers are valid within the limits of available stocks, as specified when placing the order.
ARTICLE 4 - Seller’s contact details
The Seller's contact details are as follows:
KERSTONE TRADING 888 696 416 RCS EVRY
9 Allée des Tennis 91400 ORSAY - France
Email address: firstname.lastname@example.org
Telephone details: +33 1 69 29 03 66
In accordance with the Data Protection Act of January 6, 1978, reinforced and supplemented by the GDPR (general data protection regulations) which came into force on May 25, 2018, the Customer has, at any time, a right of access , rectification, opposition, erasure and portability of all of his personal data by writing, by mail and justifying his identity, to the Seller's address, mentioned above. For minors under the age of fifteen, their own consent and the consent of their guardian having parental authority are required.
The Customer acknowledges having the capacity required to contract and acquire the Products offered on the website http://Epsealonstore.com.
ARTICLE 5 - Orders
5-1. Placing the order
It is up to the Customer to select on the website http://Epsealonstore.com the Products he wishes to order, after having read the essential characteristics of the Product.
The Customer has the possibility to check the details of his order, its total price and to correct any errors before confirming his acceptance. It is his responsibility to verify the accuracy of the order and to immediately report or rectify any errors.
The registration of an order on the website http://Epsealonstore.com is made when the Customer accepts these General Conditions of Sale by ticking the box provided for this purpose and validates his order. This validation implies the acceptance of all of these General Conditions of Sale as well as the general conditions of use of the website http://Epsealonstore.com.
The sale is only final after the Seller has sent the Customer confirmation of acceptance of the order by e-mail, which must be sent without delay and after receipt by the latter of the full price. .
Any order placed, validated by the Customer and confirmed by the Seller, under the conditions and according to the methods described above, on the website http://Epsealonstore.com constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order or for any legitimate reason.
The Customer will be able to follow the progress of his order on the website http://Epsealonstore.com
5-2. Changing the order
Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be modified.
5-3. Cancellation of the order
Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be canceled, except for the exercise of the right of withdrawal or in cases of force majeure.
ARTICLE 6 - Prices
The Products are supplied at the prices in force appearing on the website http://Epsealonstore.com, when the order is recorded by the Seller. Prices are expressed in Euros, excluding and including tax.
The prices take into account any reductions that may be granted by the Seller on the website http://Epsealonstore.com.
These prices are firm and non-revisable during their period of validity, as indicated on the website http://Epsealonstore.com, the Seller reserving the right, outside this period of validity, to modify the prices at any time. They do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the website http://Epsealonstore.com and calculated prior to placing the order.
If the Customer requests a faster or more expensive shipping method than standard shipping, the additional delivery costs, as they appear at the time of the validation of the order by the Customer, are entirely at his expense.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is established by the Seller and given to the Customer upon delivery of the Products ordered.
ARTICLE 7 - Terms of payment
The price is payable in cash, in full on the day the order is placed by the Customer by means of secure payment, according to the following terms:
- by bank card: Bank card, Visa, MasterCard, American Express, other bank cards
- by PAYPAL,
Payment by credit card is irrevocable,
Secure payment is made by our payment provider BNP MERCANET.
The Seller reserves the right to request a photocopy of the Buyer's identity card for any payment by credit card.
Payment with ALMA
The seller offers its Customers the ALMA credit service for the settlement of their purchases and the execution of payment. This is conditional on the Customer's acceptance of the T&Cs or the credit agreement offered by ALMA.
Any refusal to grant credit by ALMA for an order may lead to its cancellation.
Any termination of the T&Cs that bind the Customer and the Seller entails the termination of the T&Cs or the credit agreement between ALMA and the Customer.
Payment in three/four installments is available via our partner ALMA. Payment security is ensured by ALMA and its service providers. All payments are protected by 3D Secure.
Amount of purchases:
Only purchases between €50 and €2000 are eligible for payment with ALMA.
Fees: by paying in installments with ALMA, the Customer does not pay fees except in the following cases:
For payment 4 times: 1.98%.
ALMA is the telepayment manager and issues an electronic certificate which will serve as proof of the amount and date of the transaction in accordance with the provisions of articles 1316 et seq. of the civil code.
Termination: any termination of the T&Cs which bind the Seller and the Customer, results in the termination of the T&Cs between ALMA and the Customer.
A problem ? here is the link to the complaint page on the ALMA site: https://help.almapay.com/
ARTICLE 8 - Deliveries
The Products ordered by the Customer will be delivered to the territories defined in article 2 within the shipping time indicated on the Product sheet, to which is added the processing and delivery time - to the address indicated by the Customer when of his order on the website http://Epsealonstore.com.
Delivery is constituted by the transfer to the Customer of physical possession or control of the Product.
Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the deadlines specified above. However, these deadlines are given for information only. If the Products ordered have not been delivered within a period of 8 days additional to the period announced by the carrier after the indicative delivery date, for any reason other than force majeure or the act of the Customer, the sale may be canceled at the written request of the Customer under the conditions provided for in articles L 216-2 L 216-3 L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him no later than fourteen days following the date of termination of the contract, excluding any compensation or deduction.
In the event of non-conformity of the Product delivered, the Seller - undertakes to remedy it or to reimburse the Customer, as indicated in the article - "Seller's liability - Guarantee".
The Seller bears the risks of transport and is required to reimburse the Customer in the event of damage caused during transport.
The Customer is required to check the condition of the delivered products. He has a period of 24 hours from delivery to formulate by any means any reservations or complaints for non-compliance or apparent defect of the Products delivered (for example damaged package already opened, etc.), with all the supporting documents, including related (photos in particular). After this period and failing to comply with these formalities, the Products will be deemed to be compliant and free from any apparent defect and no complaint can be validly accepted by the Seller.
The Seller will reimburse or replace as soon as possible and at its expense, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 and following of the Consumer Code and those provided for in these General Conditions of Sale.
ARTICLE 9 - Transfer of ownership - Transfer of risks
Irrespective of the date of the transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto will only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk and peril.
ARTICLE 10 - Right of withdrawal
In accordance with the legal provisions in force, the Customer has a period of fourteen days from receipt of the Product to exercise his right of withdrawal from the Seller, without having to provide reasons or pay a penalty, for the purpose of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within 14 days following notification to the Seller of the Customer's decision to withdraw.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be put back on the market in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products will not be returned.
The right of withdrawal can be exercised online, using the withdrawal form available on the website http://Epsealonstore.com, in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the Customer by the Seller, or any other declaration, unambiguous, expressing the desire to retract.
If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the delivery costs are refunded; return costs remaining the responsibility of the Customer.
The refund will be made within 14 days from notification to the Seller of the withdrawal decision.
ARTICLE 11 - Responsibility of the Seller - Guarantee
The Products sold on the website http://Epsealonstore.com comply with the regulations in force in France and have performances compatible with non-professional uses.
The Products supplied by the Seller benefit automatically and without additional payment, independently of the right of withdrawal, in accordance with legal provisions,
- the legal guarantee of conformity, for Products that are apparently defective, damaged or damaged or 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 making them unfit for use, under the conditions and according to the modalities referred to in the box below.
It is recalled that as part of the legal guarantee of conformity, the Customer benefits from a period of two years from delivery of the goods to take action against the Seller; - can choose between repair or replacement of the goods Product ordered, subject to the cost conditions provided for by article L 217-9 of the Consumer Code; is exempt from providing proof of the existence of the lack of conformity of the Product during the twenty-four months following delivery of the Product .
The legal guarantee of conformity applies independently of the commercial guarantee which may possibly cover the Product. The Customer may decide to implement the guarantee against hidden Product defects in accordance with article 1641 of the Civil Code; in this case, he can choose between canceling the sale or reducing the sale price in accordance with 1644 of the Civil Code.
In order to assert his rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within a maximum period of 7 days from delivery of the Products or from the discovery of hidden defects within the time limits set out below. mentioned above and return the defective Products in the state in which they were received with all the elements (accessories, packaging, instructions, etc.).
The customer will receive a return slip from the seller's after-sales service.
The Seller will reimburse, replace or repair Products or parts under warranty deemed non-compliant or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate and return costs will be reimbursed on presentation of receipts.
The Seller will reimburse or replace as soon as possible and at its expense, the Products delivered under the conditions provided for in articles L 217-4 et seq. of the Consumer Code and those provided for in these General Conditions of Sale
Reimbursements for Products deemed non-compliant or defective will be made as soon as possible following the Seller's discovery of the lack of conformity or hidden defect.
Reimbursement will be made by credit to the Customer's bank account or by bank check addressed to the Customer.
The responsibility of the Seller cannot be engaged 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 verify,
- In the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.
The Seller's guarantee is, in any event, limited to the replacement or reimbursement of non-compliant or defective Products.
Failure to comply with the procedure set out above and the deadlines indicated, the Buyer will not be able to make any claim for non-conformity or apparent defect of the products delivered, the products being then deemed to be compliant and free from any apparent defect.
ARTICLE 12 - Protection of personal data
In application of law 78-17 of January 6, 1978 amended by law n°2018-493 of June 20, 2018, it is recalled that the personal data requested from the Customer are necessary for the processing of their order and the preparation of invoices. , notably.
This data may be communicated to any partners of the Seller responsible for the execution, processing, management and payment of orders.
The processing of information communicated via the website http://Epsealonstore.com meets legal requirements regarding the protection of personal data, the information system used ensuring optimal protection of this data.
The Customer has, in accordance with the national and European regulations in force, a right of permanent access, modification, rectification, opposition to portability and limitation of processing with regard to information concerning him.
This right can be exercised under the conditions and according to the methods defined on the website http://Epsealonstore.com.
It is also specified that the Customer is entitled to register on the list opposing telephone canvassing - BLOCTEL system: bloctel.gouv.fr
ARTICLE 13 - Mediation
In accordance with the provisions of article L 622-1 of the Consumer Code concerning the amicable settlement of disputes, KERSTONE TRADING adheres to the service of the Mediator: FEVAD whose contact details are as follows: FEVAD 60 rue de la Boétie 75008 PARIS mediateurducommerce@fevad .com
The service of the Mediator can be contacted for any consumer dispute whose settlement would not have succeeded. You can click here to find out how to refer to the Mediator.
ARTICLE 14 - Intellectual property
The content of the http://Epsealonstore.com website 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 prohibited and is likely to constitute an offense of counterfeiting.
ARTICLE 15 - Unpredictability
In the event of a change in unforeseeable circumstances at the time of the conclusion of the contract, in accordance with the provisions of article 1195 of the Civil Code, the Party which has not agreed to assume an excessively onerous performance risk may request a renegotiation of the contract. to its co-contractor.
ARTICLE 16 - Force majeure
The Parties cannot be held liable if the non-execution or the delay in the execution of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.
ARTICLE 17 - Applicable law - Language
These General Terms and Conditions of Sale and the resulting transactions are governed by French law.
They are written in French. In the event that they are translated into one or more languages, only the French text shall prevail in the event of a dispute.
ARTICLE 18 - Disputes
All disputes to which the purchase and sale transactions concluded in application of these general conditions of sale could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their consequences and which could not have be resolved between the seller and the customer will be submitted to the competent courts under the conditions of common law.
The Customer is informed that he can in any case resort to conventional mediation, in particular with the Consumer Mediation Commission (C. consom. art. L 612-1) or with existing sectoral mediation bodies. , and whose references appear on the website http://Epsealonstore.com or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
The customer, noting that a violation of the general regulations on the protection of personal data has been committed, has the possibility of mandating an association or an organization mentioned in IV of article 43 ter of the data protection act of 1978, in order to to obtain compensation against the data controller or subcontractor before a civil or administrative court or before the National Commission for Information Technology and Liberties.
ARTICLE 19 - Pre-contractual information - Client acceptance
The Customer acknowledges having been informed by the Seller in a readable and understandable manner, by means of the provision of these General Conditions of Sale, prior to his immediate purchase or the placing of the order and in accordance with the provisions of Article L. 221-5 of the Consumer Code:
- on the essential characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity allowing it to acquire the Products with full knowledge of the facts, in particular with regard to their conditions of use. The Customer is required to refer to the description of each Product in order to know its properties and essential particularities.
- on the price of the Products and ancillary costs or, in the absence of payment of a price, on any advantage procured instead of or in addition to it and on the nature of this advantage;
- on the terms of payment, delivery and execution of the sales contract;
- in the absence of immediate execution of the sale, on the delivery times of the Products ordered;
- on the identity of the Seller and all of his contact details;
- on the existence and terms of implementation of guarantees (the legal guarantee of conformity, guarantee of hidden defects, any commercial guarantees) and, where applicable, on after-sales service;
- on the possibility of using a consumer mediator, whose contact details appear in these General Conditions of Sale, under the conditions provided for in the Consumer Code
- on the right of withdrawal (existence, conditions, deadline, methods of exercising this right and standard form of withdrawal), the methods of termination, the handling of complaints and other important contractual conditions and, where applicable, the costs the use of the technique of distance communication, the existence of codes of good conduct and sureties and financial guarantees;
- on the accepted means of payment.
The fact for a natural (or legal) person to order on the website http://Epsealonstore.com implies full and complete acceptance and acceptance of these General Conditions of Sale and obligation to pay for the Products ordered, which is expressly recognized by the Customer, who waives, in particular, to avail himself of any contradictory document, which would be unenforceable against the Seller.
APPENDIX 1 - PROVISIONS RELATING TO LEGAL GUARANTEES
Article L217-4 of the Consumer Code
The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.
Article L217-5 of the Consumer Code
To comply with the contract, the property must:
- Be fit for the use usually expected of a similar item and, where applicable:
Correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model
Present the qualities that a buyer can legitimately expect in view of public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling
- Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
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 L217-16 of the Consumer Code
When the buyer requests from the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of a product, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the buyer's request for intervention or the making available for repair of the goods in question, if this making available is subsequent to the request for intervention.
Article 1641 of the Civil Code
The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would not would have paid less if he had known them.
Article 1648 paragraph 1 of the Civil Code
Action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
APPENDIX 2 - WITHDRAWAL FORM
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on http://Epsealonstore.com unless exclusions or limits to the exercise of the right of withdrawal follow the applicable General Conditions of Sale.
To the attention of KERSTONE TRADING 9 Allée des Tennis 91400 ORSAY - FRANCE
- Date of the order :…………………………..
- Order number: ............................................. ...............
- Client name : ............................................. ..............................
- Customer Address: ............................................. ..........................
- Product reference : .............................................. .........................