Terms and conditions
1. CODE
Art. 1134 of the Civil Code: Legally formed agreements take the place of law for those who made them. They must be performed in good faith.
Applicable from February 1, 2002.
2. PRICE
2.1 The prices announced are in euros and include all taxes.
2.2 The prices indicated in all prices published by the company KMP are contractual and valid at the time of purchase. The company reserves the right to modify its prices.
2.3 They are calculated from our storage unit SALAT SALTES (31) excluding transport costs.
2.4 They may be modified at any time and without notice depending on monetary variations or a supplier increase.
3. ORDERS
3.1 The customer may, upon simple written or oral request, have a product reserved by paying a deposit, which has the effect that each of the contractors can withdraw from their commitment, the consumer by losing the deposit and the professional by returning them in duplicate . The signature by the buyer of a purchase order and its acceptance by the company KMP definitively bind the parties to our general conditions, which the buyer expressly recognizes, and of which he declares to have read in full. Any request to cancel a reservation must be subject to our consent and to conditions which will compensate us for any damages. Furthermore, this request can only be taken into consideration if it is received in writing.
3.2 The unavailability of a product due to a stock shortage or its deletion from the catalog may result in a refund without canceling the entire order and will not give rise to any compensation.
3.3 Any order not confirmed in writing, by mail or fax, will be deemed acquired at the prices and general conditions of sale then in force.
3.4 The minimum order for shipping is set at 1 euro including tax. Any order for a lower amount will result in a processing fee of 5 euros including tax.
4. DELIVERY TIMES
4.1 Delivery times vary from 24 hours to 72 hours for the companies TNT or COLIPOSTE, and are calculated from the date the order is sent.
4.2 Express shipments within 24 hours are made by request and payment by telephone.
4.3 In the event of late delivery following a backlog or unavailability of product, a new mandatory deadline will be agreed. The seller undertakes to respect this date. If this is impossible, the seller notifies the customer by e-mail or telephone as soon as he becomes aware and sets a new date without compensation being required for any reason whatsoever.
5. DELIVERIES
5.1 The Products will be delivered to the delivery address you provide to us during the ordering process. It is strongly recommended that you provide us with your telephone contact details.
5.2 Our deliveries are currently carried out by two service providers, namely COLIPOSTE and TNT. In the event of delay or loss, the claim must be made to our services. KMP undertakes to make claims to the carrier. A copy of the proof of deposit will be provided to you by us upon simple request by email.
5.3 No compensation can be claimed if an item cannot be delivered:
- in cases where the payment conditions stipulated on our order have not been respected by the buyer,
- in the event that the information necessary for the execution of the order has not reached us in good time,
- if the delay or non-execution of the order is the fault of the President, strike, accident, fire, natural disaster, inability to obtain supplies or any other cause beyond our control.
5.4 Our goods, even if they were to be sent carriage free, always travel at the risk of the recipient. Under no circumstances can we be held responsible for any failure occurring during delivery. The recipient must imperatively check the general condition of the package(s) upon receipt:
- Control the total number of packages
- Check the condition of the goods In the package(s)
- Perform immediately reservations on the transport voucher before signing it, in the presence of the driver/deliverer.
- If there are reservations, describe the problem(s) observed as simply and clearly as possible.
- Under no circumstances can statements such as “subject to unpacking” or “subject to inspection” be taken into account.
- In the event of damage and non-compliance with these instructions, no complaints will be taken into account."
5.5 In the event of refusal of the products, the seller reserves the right to claim compensation for shipping costs from the customer.
5.6 For prices, a flat rate of €10.00 is applied for shipments only in France, an additional €7.00 from a purchase of €100.00 and another of €39.00 for Europe. A flat rate of €59.00 for countries outside Europe and Overseas Territories, for which you will have to pay the costs linked to the legislation in force in your country such as Customs costs or any other costs. Delivery is free from 500 € 00 of purchase (this free charge does not apply to frames and motors).
5.7 No refund or compensation for damage or deterioration of the products can be made if reservations are not made upon receipt of the package from the carrier.
5.8: Polyester parts are made to order and a lead time of 2 to 3 weeks is expected, except for small specific parts which are generally in stock.
6. RETURNS OF GOODS
6.1 The consumer has a period of fourteen clear days to exercise his right of withdrawal without having to provide reasons or pay penalties, with the exception, where applicable, of return costs. The consumer may deviate from this deadline if he is unable to travel and at the same time needs to call upon an immediate service necessary for his living conditions. In this case, he would continue to exercise his right of withdrawal without having to provide reasons or pay penalties. The period mentioned in the preceding paragraph runs from receipt for the goods or acceptance of the offer for the provision of services. When the information provided for in article L. 121-19 has not been provided, the period for exercising the right of withdrawal is extended to three months. However, when the provision of this information occurs within three months from receipt of the goods or acceptance of the offer, it causes the period of fourteen days mentioned in the first paragraph to begin. When the fourteen-day period expires on a Saturday, Sunday or public or non-working holiday, it is extended until the first following working day.
6.2 Withdrawal. Satisfied or refunded
In accordance with the provisions of article L.121-16 of the French Consumer Code, the customer has, from delivery, a period of 14 working days to return the ordered product for exchange or replacement. refund.
6.3 The products must be returned to KMP (contact details at the bottom of the page) in perfect resalable condition, in their original condition accompanied by their instructions, accessories, accompanied by a photocopy of the invoice so that the buyer can benefit from the right to retract.
6.4 In the event of exercising the right of withdrawal, the KMP company will be required to reimburse the sums paid without charge. Reimbursement will take place within a maximum of 30 days.
6.5 Any returns can only relate to new goods, in their original condition and in their original packaging without it being damaged. They must not have been subject to any damage by the customer, his agents or third parties. They must not have been used in any way or even worn, they must not have any mark that could reveal use, and will not be refunded or exchanged.
6.6 A return of goods can only be accepted within a maximum period of 14 days from the date of delivery. The KMP company does not manage its customers' unsold items.
6.7 The return of goods accepted by the KMP company, excluding the hypothesis of a defect attributable either to the KMP company or to the manufacturer, will be subject to a credit or reimbursement per order containing the item(s). returned product(s), the return being made being the responsibility of the customer, the shipping costs will be reimbursed after verification and if its defect is proven by check within thirty days for customers located in mainland France. For professionals, only the contract binding them to the KMP company has legal value.
6.8 When KMP has concluded a deferred payment agreement with the customer, the return of goods will result in the issuance of a credit note to be deducted from the next payment due date. However, in the event of payment upon order, the returned goods will be reimbursed by bank check within 10 days of receipt of the goods.
7. RESERVATION OF OWNERSHIP CLAUSE(art. L.624-16 Commercial Code)
The seller retains ownership of the goods delivered until full payment of all supplies due at the end of the order. To claim to benefit from this clause, it will be sufficient for the seller to make known his formal wish to have the goods returned by a simple registered letter with A.R. addressed to the buyer, or possibly to the legal representative. It is nevertheless expressly specified that, unless the guarantee clause provided for (see art. 12) is applied, the buyer will be responsible for the goods placed in his hands as soon as they are physically delivered, the transfer of possession entailing the transfer of risks. The buyer must therefore take all measures and, where applicable, all insurance to compensate for the loss or deterioration of the item.
8. PAYMENT
The KMP company is subject to a security system.
Payment for your purchases is made:
8.1 By Paypal online for a quick order (Paypal manages payments and we do not have access to credit card numbers which are encrypted, for your security) on the online sales sitewww.KMP.fr
By credit card accepted by telephone after checking your bank card and proof of address (telephone bill for example) and a copy of your identity document for the first order and the credit card. The KMP company reserves the right to accept credit card payment by telephone on a case-by-case basis. By check from French banking establishments and French CCP.
By postal orders via post only. The products are shipped after verification and collection.
8.2 No discount will be granted in the event of early payment. No delivery will be made until payment has been received, unless agreed upon as a result of payment on account, as referred to in article 8.3 below.
8.3 Any payment method other than that made at the time of the order requires the opening of an account with our company and the prior, written and unreserved acceptance of our general conditions of sale.
8.4 If the order provides for the possibility of deferred payment, either by L.C.R not subject to acceptance, or by direct debit, it is agreed that in the absence of payment of only one of the scheduled deadlines, all sums remaining due by the buyer become immediately and automatically payable without formality or formal notice prerequisites.
8.5 As no reason for dispute can justify non-payment of the goods, the seller may suspend all orders in progress, without prejudice to any other course of action. In addition, any unpaid invoice will require its author to bear, in addition to the bank charges incurred by the company KMP, a specific penalty invoiced in the amount of €30.00 including tax.
8.6 In the event of late payment for any reason whatsoever, the sums due will automatically accrue interest from the due date, based on the legal interest rate then in force increased by 5 points in the terms of art. 313-3 of the Monetary and Financial Code, with no other formality than a registered letter with A.R., until payment of all amounts due.
8.7 If the customer's failure makes it necessary to resort to litigation or legal recovery, the customer must pay to the company KMP, in addition to the principal, interest, costs and accessories payable by him, compensation set at 15% of the principal amount including tax of the debt, and this as conventional and lump sum damages, not including the compensation allocated under art. 700 NCPC or equivalent text, and the costs and expenses of the procedure.
9. REMAINS
All remaining quantities are held for 30 days and will be sent at the expense of KMP from the moment the initial order was sent incomplete. After this period, the remaining products are automatically canceled and the amount of the difference will be reimbursed by bank check without penalty attributable to the KMP company.
10. COMPLAINTS
The buyer is required to check the goods at the time of delivery, and must mention on the delivery note the reservations he intends to make regarding the condition of the goods received (compliance with the order, manufacturing defects, etc. .). Except in the case of a hidden defect, no complaint will be accepted if it does not appear on the delivery note.
11. GUARANTEES
The seller is bound by the guarantee for hidden defects in the item sold which render 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 have used it. would have given a lower price, if he had known them.
12. SCOPE.
If one of these conditions were to be void or canceled, the other clauses would not be canceled and would continue to apply.
13. JURISDICTION .
All disputes relating to the formation, conclusion, interpretation or execution of the contract concluded between the parties will, in the absence of amicable settlement, be subject to the jurisdiction of the courts of CRETEIL 94 or the buyer's place of residence. . The buyer acknowledges having read the general conditions of sale above.
In the event of a dispute, by Regulation (EU) No. 524/2013 relating to “Online settlement of consumer disputes”, the customer can contact the ODR platform http://ec.europa.eu/consumers/odr/
14. PRODUCT INFORMATION
The KMP company will not be held responsible for any misuse of the goods sold or any other things that may arise as a result of the purchase of the goods or products.
Persons placing one or more orders with the KMP company acknowledge that they are of legal age and are not a protected adult and have read the general conditions of sale.
15 - NOMINATIVE INFORMATION
15.1 KMP undertakes not to disclose or trade information that you communicate to it with third parties. These are and will remain confidential. They will be used by us only to process your orders. However, it is possible that you receive information or commercial offers reserved exclusively for the customer of the KMP company but always by us in order to strengthen our links and personalize our future relationships.
You have the right to access, modify, rectify and delete data concerning you (Informatique et Libertés law of January 6, 1978). For all requests, simply send us a request online or by mail, indicating your first and last names, addresses and, if possible, the date of your purchase.
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CUSTOMER SERVICE
For any information or questions, customer service is at your disposal:
KMP
36 Rue Compans
31260 Salies du Salat
Such :00 33 (0)5.62.02.04.42(No. non-premium rate)
From Thursday to Saturday from 10:00 a.m. to 12:30 p.m. and from 2:00 p.m. to 7:00 p.m.
A voicemail is at your disposal in case of absence, leave your message without forgetting your contact details and we will call you back.
E-mail :Contact us