Terms of sale
GENERAL CONDITIONS OF SALE
OF THE SITE www.ker-de-france.com
The company KER DE FRANCE has a great experience of South Korean and Japanese customers travelling in France. Its CEO has decided to create a merchant website allowing their clientele to find a selection of typical French products and to order them from Korea or Japan, according to the present General Conditions of Sale.
ARTICLE 1 - Scope of application and products
These General Conditions of Sale apply, without limitation or qualification to all sales made by the company KER DE FRANCE, registered in the Register of Commerce and Companies of Lorient under No. 898 518 865, whose headquarters is located at 4 place Jules Ferry in Lorient (56100) in France ("Seller") with consumers, that is, non-professional buyers ("Customers or the Customer"), wishing to acquire the products offered for sale by the Seller ("Products") on the website www.ker-de-france.com ("the Site") published by the Seller.
They specify in particular the conditions of order, payment, delivery and management of possible returns of the Products ordered by the Customers.
The Products offered for sale on the Site consist of a selection of French food and non-food products, likely to interest South Korean and/or Japanese customers.
The main characteristics of the Products, including their manufacturers, producers and specifications, are presented on the Site.
The Customer is required to read them before placing an order.
The choice and purchase of a Product is the sole responsibility of the Customer.
The photographs and drawings of the Products presented on the Site are as accurate as possible but the Seller shall not be held liable for any slight difference with the Product purchased.
The offers of Products are within the limits of available stocks, as specified at the time of the order.
By checking the box provided for this purpose before validating the online ordering procedure, the Customer declares that he/she has read these General Terms and Conditions of Sale and has accepted them without reservation.
These General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is the one in force on the Site at the date of the order.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
The Customer declares to be 18 years old or more and acknowledges having the required capacity to contract and acquire the Products offered on the Site.
ARTICLE 2 - Orders
The offers of Products are valid as long as they are visible on the Site, within the limits of available stocks.
The Customer who wishes to buy on the site www.ker-de-france.com must
- Create his account on the Site by following the online registration procedure. The Customer who already has an account on the Site must simply connect to it.
- Fill his online basket by choosing the Products and by adding them to the basket.
- Check the contents of the cart and make any changes.
- Check the billing and delivery addresses.
- Select a delivery method.
- Select a payment method and accept the Terms and Conditions.
- Make the payment.
- The payment formalizes the sale between the Seller and the Customer.
The contractual information is confirmed at the latest at the time of the validation of the order by the Customer.
The Customer has the possibility to check the details of his order, its total price and to correct possible errors before confirming his acceptance (article 1127-2 of the Civil Code). This validation implies the acceptance of the entirety of the present General Conditions of Sale and constitutes proof of the sales contract.
It is therefore the Customer's responsibility to verify the accuracy of the order and to correct or report any errors immediately.
For any order of alcoholic beverages, the Customer agrees to be at least 18 years old on the date of the order. The article L3342-1 of the public health code forbids the sale of alcohol to minors. In case of doubt about the age of the Customer or the person receiving the order, an identity document may be requested at the time of delivery.
The sale is final, and constitutes the formation of a contract concluded at a distance between the Vendor and the Customer, only after confirmation of the registration of the order and the good reception of the payment by the Vendor by e-mail addressed to the Customer.
The Vendor reserves the right to cancel or refuse any order from a Customer with whom there is a dispute concerning a previous order.
The Customer shall receive an e-mail confirming the order and payment and shall be able to follow the progress of his order on the Site.
ARTICLE 3 - Prices
The Products are supplied at the prices in force displayed on the Site at the time of the recording of the order by the Salesman. The prices are expressed in Euros, exclusive of tax and VAT and, where applicable, in Yen and Won.
These prices do not include the costs of processing, shipping, customs and taxes that may be applicable, transportation and delivery, which may be charged in addition, depending on the country of residence of the Customer, under the conditions indicated on the Site and calculated prior to the validation and payment of the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these fees and taxes.
It is made in advance and definitively validates the order.
However, in some countries, the Customer may be required to pay additional taxes and/or fees upon receipt of the order. It is therefore up to the Customer to find out about the existence of such fees or taxes and, if necessary, to bear the cost of delivery.
In the event of unavailability of an ordered Product, the Vendor shall inform the Customer and shall offer him either a credit note to be used for a subsequent order, or a refund, at the Customer's discretion.
An invoice is established by the Seller and given to the Customer at the time of the order.
ARTICLE 4 - Deliveries
During the online ordering process, the Customer is invited to choose the delivery method for the Products.
The Products ordered by the Customer will be delivered to the address indicated by the Customer when ordering. The Customer will be solely responsible for the consequences of any error or incompleteness in the address that makes delivery impossible, difficult or late.
The estimated delivery date is indicated when choosing this delivery method before the order is validated.
The delivery is constituted by the transfer to the Customer of the physical possession or control of the Product.
The Customer is solely responsible for any customs formalities and/or the application of possible restrictive regulations on certain Products in certain countries.
Before placing an order, the Customer is invited to check the conditions of entry of the Products into his country.
The Seller undertakes to make its best efforts to deliver the Products ordered by the Customer within the time limits indicated at the time of the order.
However, if the ordered Products were not delivered within 20 days after the forecasted date of delivery, for any other cause than the force majeure or the fact of the Customer, the sale will be able to be cancelled at the written request of the Customer under the conditions foreseen in the articles L 216-2 L 216-3 L241-4 of the Code of the consumption.
The sums paid by the Customer will then be restored to him at the latest in the fourteen days which follow the date of denunciation of the order, to the exclusion of any compensation or withholding.
In case of absence of the person who can take possession of the Products at the time of delivery, the carrier will leave a notice of passage at the delivery address indicated by the buyer, specifying the modalities of new delivery or inviting him to withdraw the Products at the warehouse of the carrier.
In no event shall the Seller be liable for any deterioration of the products due to their late collection by the Customer from the carrier.
The Customer is required to check the condition of the Products delivered. The Customer has a period of 5 days from the date of delivery to formulate by e-mail any reservations or claims for non-conformity or apparent defect of the delivered Products (e.g. damaged parcel already opened...), with all the related documents (essential photos). After this period and if these formalities are not respected, the Products shall be deemed to be in conformity and free of any apparent defect and no claim shall be validly accepted by the Seller.
The Seller shall refund or replace, as soon as possible and at its own expense, the Products delivered with apparent or hidden defects that have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the French Consumer Code and those provided for in these General Terms and Conditions of Sale.
Some packaging materials are essentially made of recyclable materials. In an eco-responsible approach, it is recommended to the Customer to respect the instructions of selective sorting for the elimination of these packagings.
ARTICLE 5 - Transfer of ownership - Transfer of risks
Ownership of the Products is transferred to the Customer upon payment of the order.
The transfer of the risks of loss and deterioration relating to them will only be carried out when the Customer takes physical possession of the Products. The Products travel at the Seller's risk.
ARTICLE 6 - Right of withdrawal
In accordance with the legal provisions in force, the non-professional Customer residing in Europe has a period of fourteen days from the date of receipt of the Product to exercise his right of withdrawal from the Vendor, without having to justify his reasons or pay any penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition within 15 days following notification to the Vendor of the Customer's decision to withdraw.
The returns are to be made, within a maximum of 14 days following the notification of withdrawal by the Customer, to the address of the Seller's head office, in their original condition and complete (packaging, accessories, instructions...) allowing them to be put back on the market in new condition. Damaged, soiled or incomplete products are not accepted.
The right of withdrawal may be exercised online, using the withdrawal form available on the Site, in which case an acknowledgement of receipt on a durable medium shall be immediately communicated to the Customer by the Vendor, or any other unambiguous statement expressing the will to withdraw.
In the event that the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the delivery costs shall be reimbursed, with the cost of returning the Product(s) being borne by the Customer.
The packaging of the returned Products is the sole responsibility of the Customer, who shall take all necessary precautions to protect the Products from any damage caused by transport, taking into account the mode of transport used.
The exchange (subject to availability) or refund shall be made within 14 days of receipt by the Vendor of the Products returned by the Customer under the conditions set out in this article.
This right of withdrawal does not apply if the Products have been unsealed by the consumer after delivery and cannot be returned, after being opened, for reasons of hygiene or health protection.
This right of withdrawal does not apply to customers acting in a professional capacity, nor for deliveries outside Europe.
ARTICLE 7 - Responsibility of the Seller - Guarantee
The Products sold on the Site comply with the regulations in force in France and in Europe for non-professional use.
The Products supplied by the Seller benefit by right and without additional payment, independently of the right of withdrawal, in accordance with the legal provisions :
- the legal guarantee of conformity, for the apparently defective, damaged or flawed products or not corresponding to the order,
- the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and making them unfit for use,
under the conditions and according to the methods mentioned in the box below and defined in the appendix to these General Terms of Sale (Guarantee of Conformity / Guarantee of Hidden Defects).
It is reminded that within the framework of the legal guarantee of conformity, the Customer
The legal guarantee of conformity applies independently of the commercial guarantee that may cover the Product.
The Customer may decide to implement the warranty against hidden defects of the Product in accordance with Article 1641 of the Civil Code; in this case, he/she may choose between the resolution of the sale or a reduction of the sale price in accordance with 1644 of the Civil Code.
In order to assert his rights, the Customer shall inform the Seller, in writing, of the non-conformity of the Products within a maximum of 5 days from the delivery of the Products or the existence of hidden defects within the above-mentioned time limits and return to the Seller the defective Products in the state in which they were received with all the elements (accessories, packaging, instructions...).
The Seller will reimburse or replace the Products under warranty that are judged to be non-compliant or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate and the return costs will be reimbursed upon presentation of the receipts.
Refunds for Products found to be non-conforming or defective shall be made as soon as possible and no later than 15 days following the Seller's finding of the non-conformity or hidden defect.
Refunds will be made by crediting the Customer's bank account or any other appropriate means.
The Seller's warranty is, in any event, limited to the replacement or refund of Products that do not conform or are affected by a defect.
The Seller's liability shall not be engaged in the event that the non-performance of its obligations results from a case of force majeure such as, in particular, blockage of means of transport or supply, storms, flooding, stoppage of telecommunication networks, earthquake, fire, lightning, health crisis...
The parties will meet to examine the impact of the event and agree on the conditions under which the execution of the order will be continued.
The Seller shall not be held liable for any inconvenience or damage inherent in the use of the Internet, including a break in service, external intrusion or the presence of a computer virus.
Finally, the Customer is expressly informed that the Vendor is not the manufacturer of the Products presented on the Site, within the meaning of the law n° 98-389 of May 19, 1998 relating to the responsibility for defective products.
ARTICLE 8 - Personal data
In application of the modified law 78-17 of January 6, 1978, it is reminded that the personal data requested from the Customer are necessary for the processing of his order and the establishment of invoices.
This data may be communicated to any of the Vendor's partners responsible for the execution, processing, management and payment of orders.
Apart from the cases set out above, the Seller shall not sell, rent, transfer or give access to third parties to the data without the Customer's prior consent, unless it is obliged to do so by a legal obligation.
The processing of the information communicated through the Site complies with the legal requirements regarding the protection of personal data, the information system used ensuring optimal protection of such data.
The Customer has, in accordance with national and European regulations in force, a permanent right of access, modification, rectification, opposition, portability and limitation of the processing of information concerning him.
This right may be exercised by the person concerned by contacting the Seller directly in writing, accompanied by a copy of his/her identity card.
In case of unsatisfied claim, the Customer can refer to the National Commission of Data processing and Freedoms.
In accordance with Article L223-2 of the Consumer Code, you are informed that you can register free of charge on a list of opposition to telephone canvassing BLOCTEL, on the site. www.bloctel.gouv.fr, in order to no longer be canvassed by telephone by a professional with whom you do not have a current contractual relationship.
Any consumer has the possibility of registering free of charge on this list on the site https://conso.bloctel.fr/index.php/inscription.php.
ARTICLE 9 - Agreement of proof
By express agreement, documents in electronic form exchanged between the parties by e-mail, at the addresses usually used between them, will have the same value as documents or paper mail.
Messages, exchanges or notifications by other means than the above, in particular by SMS, WhatsApp®, Messenger® and others, will be considered worthless.
The registers and computer data of the parties will be kept on a reliable and durable support, in reasonable conditions of security and will be considered as proof of the communications made by e-mail.
ARTICLE 10 - Applicable law - Settlement of dispute
The present general conditions of sale are exclusively subjected to the French law.
All disputes to which the operations of purchase and sale concluded in application of the present general conditions of sale could give place, concerning so much their validity, their interpretation, their execution, their cancellation, their consequences and their suites and which would not have been able to be solved between the Salesman and the nonprofessional Customer will be subjected to the courts of competent jurisdiction under the conditions of common law.
The non-professional Customer is informed that he may in any case resort to a conventional mediation, in particular with the Commission of the mediation of consumption or with the existing sectorial mediation authorities. All information at the address: https: //www.economie.gouv.fr/mediation-conso
You may also use the dispute resolution procedure applicable within the European Union, by accessing the Online Dispute Resolution Platform (RLL/ODR) set up via the European Commission website at the following address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR .
Finally, you can resort to any other alternative dispute resolution method such as conciliation, for example.
Any dispute between the Vendor and a Customer acting in a professional capacity will be submitted to the competent court of Lorient, FRANCE.
ARTICLE 11 - Languages
The present General Terms and Conditions of Sale as well as the ordering procedures are available on the Site in French, English, Korean and Japanese.
The Seller declares that it will make its best efforts to ensure that the English, Korean and Japanese versions are a faithful translation of the French version.
However, in the event of a dispute, only the French version shall be deemed authentic.
- Provisions relating to legal guarantees
Article L217-4 of the Consumer Code
The seller is obliged to deliver goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. They are also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was made their responsibility by the contract or was carried out under their responsibility.
Article L217-5 of the Consumer Code
To be in conformity with the contract, the goods must :
- Be fit for the purpose usually expected of similar goods and, where appropriate :
- correspond to the description given by the seller and have the qualities that the seller has presented to the buyer in the form of a sample or model
- have the qualities that a buyer may legitimately expected in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling
- Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L217-12 of the Consumer Code
The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.
Article L217-16 of the Consumer Code
When the buyer asks the seller, during the course of the commercial guarantee granted to them at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the date of the buyer's request for intervention or from the time the item in question is made available for repair, if this availability is subsequent to the request for intervention.
Article 1641 of the Civil Code
The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lower price, if he had known about them.
Article 1648 paragraph 1 of the Civil Code
The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.
- Withdrawal form
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on www.ker-de-france.com except for exclusions or limitations to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.
To the attention of :
Sarl KER DE FRANCE
ESPACE CYGA 4 place Jules Ferry
I hereby notify the withdrawal of the contract concerning the order of the Products below:
- List of Products :
- Order :(Date and reference number)
- Name of the Customer :
- E-mail address :
- Customer's phone number
Customer's signature (only in case of notification of this form on paper) :