ARTICLE 1 — Scope

These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by KERSTONE TRADING (the “Seller”) with consumers and non-professional purchasers (the “Customers” or the “Customer”) wishing to purchase the products offered for sale by the Seller (the “Products”) on the website http://Epsealonstore.com.

They set out, in particular, the terms governing orders, payment, delivery and the handling of any returns of Products ordered by Customers. These General Terms and Conditions of Sale may be supplemented by specific terms stated on the website before any transaction with the Customer. These General Terms and Conditions of Sale apply to the exclusion of all other terms, including those applicable to in-store sales or sales through other distribution and marketing channels.

They may be accessed at any time on http://Epsealonstore.com and, where applicable, shall prevail over any other version or conflicting document. As these General Terms and Conditions of Sale may subsequently be amended, the version applicable to the Customer’s purchase is the version in force on the website on the date the order is placed. These General Terms and Conditions of Sale shall remain in force until they are next amended. Amendments shall be binding upon users of http://Epsealonstore.com from the time they are published online and shall not apply to transactions concluded previously.

ARTICLE 2 — Products offered for sale

The main characteristics of the Products, including their specifications, illustrations and indications of dimensions or capacity, are presented on http://Epsealonstore.com.

The Customer must familiarise themselves with this information before placing any order.

The choice and purchase of a Product are the Customer’s sole responsibility.

The Customer must refer to the description of each Product in order to ascertain its properties, essential features and delivery times and, where goods are supplied continuously or periodically, the minimum duration of the proposed contract.

Contractual information is presented in French and is confirmed no later than when the Customer confirms the order.

The Products displayed on http://Epsealonstore.com are offered for sale in the following territories:

Metropolitan France, French overseas departments and territories, Germany, Belgium, the Netherlands, Luxembourg, Austria, the United Kingdom, Spain, Portugal, Ireland, Italy, Switzerland, Liechtenstein, Estonia, Hungary, Latvia, Lithuania, the Czech Republic, Slovakia, Slovenia, Denmark, Poland, Sweden, Andorra, the Balearic Islands, Bulgaria, Cyprus, Croatia, Finland, Greece, Iceland, Norway, Romania, Bosnia, Serbia, Ukraine and Malta.

For orders delivered to a country other than Metropolitan France, the Customer shall be the importer of the Product or Products concerned.

For all Products shipped outside the European Union and the French overseas departments and territories, the price shown on the invoice shall be calculated automatically exclusive of tax.

Customs duties, other local taxes, import duties or state taxes may be payable. These shall be borne by, and remain the sole responsibility of, the Customer.

ARTICLE 3 — Period of validity of Product offers

Product offers are valid while stocks last, as specified when the order is placed.

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: contact@kerstone.org
Telephone: +33 1 69 29 03 66

In accordance with the French Data Protection Act of 6 January 1978, as reinforced and supplemented by the General Data Protection Regulation (GDPR), which entered into force on 25 May 2018, the Customer has, at any time, rights of access, rectification, objection, erasure and portability in respect of all their Personal Data. These rights may be exercised by writing to the Seller at the address given above and providing proof of identity. For minors under the age of fifteen, the minor’s own consent and that of the guardian holding parental responsibility are required.

The Customer acknowledges that they have the legal capacity required to enter into a contract and purchase the Products offered on http://Epsealonstore.com.

ARTICLE 5 — Orders

5.1 — Placing an order

The Customer is responsible for selecting the Products they wish to order on http://Epsealonstore.com after reviewing the essential characteristics of the Product.

Before confirming acceptance, the Customer may review the details of the order and its total price and correct any errors. The Customer is responsible for checking the accuracy of the order and immediately reporting or correcting any error.

An order is recorded on http://Epsealonstore.com when the Customer accepts these General Terms and Conditions of Sale by ticking the box provided for that purpose and confirms the order. Such confirmation constitutes acceptance of all these General Terms and Conditions of Sale and the general terms of use of http://Epsealonstore.com.

The sale shall become final only after the Seller has sent the Customer, without delay, confirmation by email that the order has been accepted and after the Seller has received payment of the full price.

Any order placed and confirmed by the Customer and confirmed by the Seller on http://Epsealonstore.com in accordance with the terms described above constitutes the formation of a distance contract between the Customer and the Seller.

Unless proven otherwise, the data recorded in the Seller’s computer system shall constitute evidence 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 concerning payment for a previous order or for any legitimate reason. The Customer may track the progress of the order on http://Epsealonstore.com.

5.2 — Amendments to an order

Once confirmed and accepted by the Seller under the conditions described above, an order may not be amended.

5.3 — Cancellation of an order

Once confirmed and accepted by the Seller under the conditions described above, an order may not be cancelled, except through exercise of the right of withdrawal or in the event of force majeure.

ARTICLE 6 — Prices

Products are supplied at the prices in force and displayed on http://Epsealonstore.com when the order is recorded by the Seller. Prices are stated in euros, both exclusive and inclusive of tax.

Prices take into account any discounts granted by the Seller on http://Epsealonstore.com.

Prices are firm and non-revisable during their period of validity, as stated on http://Epsealonstore.com. Outside that period, the Seller reserves the right to change prices at any time. Prices do not include processing, shipping, carriage and delivery charges, which are invoiced separately under the conditions stated on the website and calculated before the order is placed.

If the Customer requests a faster or more expensive shipping method than standard shipping, the additional delivery charges displayed when the Customer confirms the order shall be borne entirely by the Customer.

The amount payable by the Customer is the total purchase price, including these charges.

The Seller shall issue an invoice and provide it to the Customer when the ordered Products are delivered.

ARTICLE 7 — Payment terms

The price is payable immediately and in full on the date the Customer places the order, by secure payment, using one of the following methods:

·       bank card: Carte Bancaire, Visa, MasterCard, American Express or other bank card;

·       PayPal.

Payment by bank card is irrevocable.

Secure payment is processed by our payment service provider, BNP MERCANET.

The Seller reserves the right to request a photocopy of the Purchaser’s identity card for any bank-card payment.

Payment with ALMA

The Seller offers its Customers ALMA’s credit service for payment of their purchases and execution of the payment. This is subject to the Customer’s acceptance of the terms of use or credit agreement offered by ALMA.

Any refusal by ALMA to grant credit for an order may result in cancellation of that order.

Any termination of the General Terms and Conditions of Sale binding the Customer and the Seller shall result in termination of the terms of use or credit agreement between ALMA and the Customer.

Payment in three or four instalments is available through our partner ALMA. Payments are secured by ALMA and its service providers. All payments are protected by 3-D Secure.

Purchase amount

Only purchases of between €50 and €2,000 are eligible for payment with ALMA.

Charges: when paying in instalments with ALMA, the Customer does not pay any charges except in the following case:

·       For payment in four instalments: 1.98%.

ALMA manages remote payments and issues an electronic certificate constituting evidence of the amount and date of the transaction in accordance with Articles 1316 et seq. of the French Civil Code.

Termination: any termination of the General Terms and Conditions of Sale binding the Seller and the Customer shall result in termination of the terms of use between ALMA and the Customer.

Having a problem? ALMA’s complaints page is available at: https://help.almapay.com/

ARTICLE 8 — Delivery

Products ordered by the Customer shall be delivered in the territories defined in Article 2, within the dispatch time indicated on the Product page plus the processing and carriage time, to the address specified by the Customer when placing the order on http://Epsealonstore.com.

Delivery consists of the transfer to the Customer of physical possession or control of the Product.

Except in special circumstances or where one or more Products are unavailable, the Products ordered shall be delivered together in a single delivery.

The Seller undertakes to use its best endeavours to deliver the Products ordered by the Customer within the periods specified above. However, these periods are provided for guidance only. If the Products ordered have not been delivered within an additional period of eight days beyond the period announced by the carrier after the indicative delivery date, for any reason other than force majeure or an act or omission of the Customer, the sale may be cancelled at the Customer’s written request under the conditions laid down in Articles L. 216-2, L. 216-3 and L. 241-4 of the French Consumer Code. Any sums paid by the Customer shall then be refunded no later than fourteen days after the date on which the contract is terminated, without compensation or deduction.

If the Product delivered does not conform to the contract, the Seller undertakes to remedy the non-conformity or refund the Customer as stated in the article entitled “Seller’s Liability — Warranty”.

The Seller bears the risks of carriage and must refund the Customer for any damage caused during carriage.

The Customer must inspect the condition of the Products delivered. Within 24 hours of delivery, the Customer must submit, by any means, any reservations or claims concerning non-conformity or apparent defects in the Products delivered (for example, a damaged package that has already been opened), together with all supporting evidence, including photographs. After that period, and if these formalities have not been observed, the Products shall be deemed compliant and free from any apparent defect, and the Seller may reject any claim.

The Seller shall, as soon as possible and at its own expense, refund or replace any delivered Products whose lack of conformity or apparent or latent defects have been duly proven by the Customer, under the conditions laid down in Articles L. 217-4 et seq. of the French Consumer Code and in these General Terms and Conditions of Sale.

ARTICLE 9 — Transfer of title — Transfer of risk

Irrespective of the date on which title to the Products passes, the risk of loss of or damage to the Products shall pass only when the Customer takes physical possession of them. The Products therefore travel at the Seller’s risk.

ARTICLE 10 — Right of withdrawal

In accordance with the applicable statutory provisions, the Customer has fourteen days from receipt of the Product in which to exercise the right of withdrawal against the Seller, without giving any reason or paying any penalty, for the purpose of an exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within fourteen days after the Customer notifies the Seller of the decision to withdraw.

Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.), allowing the Products to be placed back on the market as new, and must be accompanied by the purchase invoice. Damaged, soiled or incomplete Products shall not be accepted.

The right of withdrawal may be exercised online using the withdrawal form available on http://Epsealonstore.com, in which case the Seller shall immediately provide the Customer with an acknowledgement of receipt on a durable medium, or by any other unambiguous statement expressing the wish to withdraw. If the right of withdrawal is exercised within the period stated above, only the price of the Product or Products purchased and the delivery charges shall be refunded; the Customer shall bear the return shipping costs. The refund shall be made within fourteen days after the Seller is notified of the decision to withdraw.

ARTICLE 11 — Seller’s liability — Warranty

The Products sold on http://Epsealonstore.com comply with the regulations in force in France and provide performance compatible with non-professional use.

The Products supplied by the Seller benefit automatically and without additional payment, independently of the right of withdrawal and in accordance with the statutory provisions, from:

·       the statutory warranty of conformity, for Products that are apparently defective or damaged or do not correspond to the order;

·       the statutory warranty against latent defects arising from a defect in materials, design or manufacture affecting the Products delivered and rendering them unfit for use, under the conditions and in accordance with the procedures set out in the boxes below.

 

To exercise their rights, the Customer must notify the Seller in writing of any lack of conformity of the Products within a maximum of seven days from delivery, or of the discovery of latent defects within the periods specified above, and return the defective Products in the condition in which they were received, together with all components (accessories, packaging, instructions, etc.).

The Seller’s after-sales service shall provide the Customer with a returns authorisation.

The Seller shall refund, replace or repair Products or parts under warranty that are deemed non-compliant or defective.

Outbound shipping costs shall be refunded on the basis of the amount invoiced, and return costs shall be refunded upon presentation of supporting evidence.

The Seller shall, as soon as possible and at its own expense, refund or replace the Products delivered under the conditions laid down in Articles L. 217-4 et seq. of the French Consumer Code and in these General Terms and Conditions of Sale.

Products deemed non-compliant or defective shall be refunded as soon as possible after the Seller confirms the lack of conformity or latent defect.

Refunds shall be made by crediting the Customer’s bank account or by sending the Customer a bank cheque.

The Seller shall not be liable in the following circumstances:

·       failure to comply with the legislation of the country to which the Products are delivered, which the Customer is responsible for checking;

·       misuse, professional use, negligence or lack of maintenance by the Customer, normal wear and tear of the Product, accident or force majeure.

In all circumstances, the Seller’s warranty is limited to replacement or refund of Products that do not conform or are affected by a defect.

If the procedure and time limits set out above are not observed, the Purchaser may not submit any claim concerning non-conformity or apparent defects in the Products delivered, which shall then be deemed compliant and free from any apparent defect.

ARTICLE 12 — Protection of Personal Data

Pursuant to French Law No. 78-17 of 6 January 1978, as amended by Law No. 2018-493 of 20 June 2018, the Personal Data requested from the Customer is necessary, in particular, to process the order and issue invoices.

This data may be disclosed to any of the Seller’s partners responsible for the execution, processing, management and payment of orders.

The Processing of information provided through http://Epsealonstore.com complies with the statutory requirements governing the protection of Personal Data, and the information system used provides optimum protection for such data.

In accordance with the national and European regulations in force, the Customer has permanent rights of access, amendment, rectification, objection, portability and restriction of Processing in relation to their Personal Data.

These rights may be exercised under the conditions and in accordance with the procedures defined on http://Epsealonstore.com.

The Customer is also entitled to register with BLOCTEL, the French register for opting out of telephone marketing: bloctel.gouv.fr.

ARTICLE 13 — Mediation

In accordance with Article L. 622-1 of the French Consumer Code concerning the amicable settlement of disputes, KERSTONE TRADING subscribes to the following mediation service: FEVAD, 60 rue de la Boétie, 75008 PARIS, France — mediateurducommerce@fevad.com.

The Mediator may be contacted in connection with any consumer dispute that could not be resolved. The procedure for referring a matter to the Mediator is available by clicking here.

ARTICLE 14 — Intellectual property

The content of http://Epsealonstore.com is owned by the Seller and its partners and is protected by French and international intellectual property legislation.

Any reproduction of all or part of this content is strictly prohibited and may constitute an infringement offence.

ARTICLE 15 — Change of circumstances

In the event of an unforeseeable change in circumstances at the time the contract was concluded, and in accordance with Article 1195 of the French Civil Code, the Party that did not agree to assume the risk of performance becoming excessively onerous may request that the other contracting party renegotiate the contract.

ARTICLE 16 — Force majeure

The Parties shall not be held liable if failure or delay in performing any of their obligations described herein results from an event of force majeure within the meaning of Article 1218 of the French Civil Code.

ARTICLE 17 — Governing law — Language

These General Terms and Conditions of Sale and the transactions arising from them are governed by French law. They are drafted in French. If they are translated into one or more languages, only the French text shall be authoritative in the event of a dispute.

ARTICLE 18 — Disputes

Any dispute arising from purchase and sale transactions concluded pursuant to these General Terms and Conditions of Sale, whether concerning their validity, interpretation, performance, termination, consequences or aftermath, that cannot be resolved between the Seller and the Customer shall be submitted to the competent courts in accordance with the ordinary rules of law.

The Customer is informed that, in all circumstances, they may use conventional mediation, including the French Consumer Mediation Commission (Article L. 612-1 of the French Consumer Code), or any existing sector-specific mediation body whose details are stated on http://Epsealonstore.com, or any alternative dispute-resolution procedure, such as conciliation, in the event of a dispute.

A Customer who considers that the General Data Protection Regulation has been infringed may instruct an association or body referred to in Article 43 ter IV of the French Data Protection Act of 1978 to seek redress from the Data Controller or Processor before a civil or administrative court or the French Data Protection Authority (Commission nationale de l’informatique et des libertés — CNIL).

ARTICLE 19 — Pre-contractual information — Customer acceptance

The Customer acknowledges that, before making an immediate purchase or placing the order, the Seller provided them, in a legible and comprehensible manner by making these General Terms and Conditions of Sale available, with the following information in accordance with Article L. 221-5 of the French Consumer Code:

·       the essential characteristics of the Products, including specifications, illustrations and indications of dimensions or capacity, enabling the Customer to purchase the Products with full knowledge of the facts, particularly as regards their conditions of use. The Customer must refer to the description of each Product to ascertain its properties and essential features;

·       the price of the Products and associated charges or, where no price is payable, any benefit provided instead of or in addition to the price and the nature of that benefit;

·       the arrangements for payment, delivery and performance of the contract of sale;

·       where the sale is not performed immediately, the delivery times for the Products ordered;

·       the Seller’s identity and full contact details;

·       the existence of warranties and the procedures for invoking them, including the statutory warranty of conformity, the warranty against latent defects and any commercial warranties, and, where applicable, details of the after-sales service;

·       the possibility of referring a matter to a consumer mediator, whose contact details are stated in these General Terms and Conditions of Sale, under the conditions laid down in the French Consumer Code;

·       the right of withdrawal, including its existence, conditions, period, method of exercise and standard withdrawal form; termination procedures; the handling of complaints; other important contractual terms; and, where applicable, the costs of using the means of distance communication, the existence of codes of conduct, and financial deposits and guarantees;

·       the accepted methods of payment.

The placing of an order by a natural or legal person on http://Epsealonstore.com constitutes full and unreserved adherence to and acceptance of these General Terms and Conditions of Sale and an obligation to pay for the Products ordered. The Customer expressly acknowledges this and waives, in particular, the right to rely on any conflicting document, which shall not be binding upon the Seller.

APPENDIX 1 — Provisions relating to statutory warranties

Article L. 217-4 of the French Consumer Code

The seller must deliver goods that conform to the contract and shall be liable for any lack of conformity existing at the time of delivery. The seller shall also be liable for any lack of conformity resulting from the packaging, assembly instructions or installation where the seller was responsible for installation under the contract or where installation was carried out under the seller’s responsibility.

Article L. 217-5 of the French Consumer Code

To conform to the contract, the goods must:

·       be fit for the purpose normally expected of similar goods and, where applicable, correspond to the description given by the seller and possess the qualities that the seller presented to the purchaser in the form of a sample or model;

·       possess the qualities that a purchaser may legitimately expect in view of public statements made by the seller, the producer or their representative, particularly in advertising or labelling;

·       or possess the characteristics defined by mutual agreement between the parties or be fit for any special purpose sought by the purchaser, made known to and accepted by the seller.

Article L. 217-12 of the French Consumer Code

Any action arising from a lack of conformity shall be time-barred two years after delivery of the goods.

Article L. 217-16 of the French Consumer Code

Where, during the term of the commercial warranty granted to the purchaser upon the purchase or repair of a product, the purchaser asks the seller to carry out repairs covered by the warranty, any period during which the product is out of use for at least seven days shall be added to the remaining warranty period. This period shall run from the purchaser’s request for intervention or from the date on which the goods concerned are made available for repair, if the latter date is later than the request for intervention.

Article 1641 of the French Civil Code

The seller is bound by the warranty in respect of latent defects in the item sold that render it unfit for its intended use or that so impair such use that the purchaser would not have purchased it, or would have paid a lower price for it, had they known of the defects.

Article 1648, first paragraph, of the French Civil Code

An action resulting from redhibitory defects must be brought by the purchaser within two years after 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, subject to any exclusions from or limitations on the exercise of the right of withdrawal under the applicable General Terms and Conditions of Sale.

For the attention of: KERSTONE TRADING, 9 Allée des Tennis, 91400 ORSAY — FRANCE

Order date: ........................................................................................

Order number: ....................................................................................

Customer’s name: ................................................................................

Customer’s address: ............................................................................

Product reference: ...............................................................................

Customer’s signature (only if this form is submitted on paper):