Terms and conditions
Between the Company:
42 rue de la dutée, 44800 SAINT-HERBLAIN, FRANCE, with a share capital of 3000 €, registered in the Trade and Companies Register of NANTES, under number SIRET 83442553000013
The company can be reached by email by clicking on the contact form accessible via the contact page of the website, hereinafter referred to as "the Website", accessible at the following address: www.klementz.fr .
Hereinafter the "Seller" or the "Company".
And the natural or legal person purchasing the products or services of the company,
Hereinafter, the "Buyer", or "the Customer"
On the other hand,
It was stated and agreed as follows:
1 - Presentation of products and services provided
The Seller is a publisher of products and services for consumers, marketed through its websites ( www.klementz.fr , www.rdhelectronics.fr ). These products and services are marketed within the limits of available stocks. Each product is accompanied by a description drawn up by the supplier.
The photographs and all the information communicated in the catalog are as faithful as possible but can not ensure a perfect similarity with the product published on one of the sites.
2 - Scope
The present conditions of sale aim at defining the contractual relations between the company SARL KLEMENTZ, 42 rue de la dutée, 44800 SAINT-HERBLAIN , the Customer and the conditions applicable to any purchase made through the Site, whether the Customer is professional or particular. These conditions of sale shall prevail over any other general or special conditions not expressly approved by the Seller. The Seller reserves the right to modify his conditions of sale at any time. In this case, the applicable conditions will be those in force on the date of the order by the Customer.
3 - Acceptance of General Terms and Conditions of Sale
The acquisition of a good or a service through one of the Company's websites implies the Client's unconditional acceptance of these conditions of sale.
To do this, the customer must voluntarily and expressly accept the present General Conditions of Sale by ticking the box titled "Acceptance of the Terms".
In the event that the acquisition does not take place through one of the Company's websites, the Customer must voluntarily and expressly accept the present General Terms and Conditions of Sale by signing the quote (to which these Terms and Conditions are attached). General Sales).
4 - Access to the site and services provided
In order to have access to the Online Order Service the Customer accepts:
- To provide accurate, up-to-date and complete information about himself as requested in the form of the "customer account" of the Site
(this information is hereinafter referred to as the "Registration Data"),
- Maintain and update regularly through the Site, Registration Data to keep them true, accurate, up-to-date and complete. In the event that the Customer provides false, inaccurate, outdated or incomplete information, the Seller is entitled to suspend or terminate the Customer's Order and refuse him immediately and for the future access to all or part of the service control. Where applicable, the password created by the Customer at the time of the creation of his "customer account" and his identifier (Customer's email address) are his Identification Elements. These Identification Elements which enable the Customer to access the possibility of making Orders on the Seller are personal to the Customer who undertakes not to disclose them and keep them confidential. The Customer remains solely responsible for the use that could be made of his "customer account" by a third party who would have access to the Elements of identification.
The Seller reserves the right to suspend the Order and / or the "customer account" in case of use of the Identification Elements by a person other than the Customer, or of simultaneous use by several persons of the own Identification Elements. to the Client until the situation is regularized. The Seller reserves the right to suspend immediately, by right, without right to compensation, and without legal formalities, any Order in case of violation of these Terms and Conditions, including without this list is exhaustive, because of any act of piracy, use or attempted use of the data in violation of laws and regulations, including entering into a computer system, altering the content thereof or committing any of the offenses punishable under Articles 323- 1 to 323-7 of the Penal Code.
5 - Order and Price
Orders placed with the Seller are firm and final. They can never give rise to a refund or be canceled except as provided in Articles 7, 10.3 and 11 below.
These provisions are applicable to all Products and Services marketed by the Seller. The products remain the property of the Company until full payment of the price.
5.1 - Procedure
Customers can order via the Company's websites ( www.rdhelectronics.fr , www.klementz.fr ) and exceptionally by email at the following addresses: contact [at] klementz.fr and electronics [at] rdhelectronics.fr when it comes to an order of products manufactured or customized its specifications.
The Customer guarantees that he is fully entitled to use the credit card or his PayPal account for the payment of his order and that these means of payment give access to sufficient funds to cover all the costs resulting from the use of the services of the Site.
After having confirmed the contents of his order, the Customer will validate it definitively by the payment. After having accepted the present general conditions of sale at the validation of the order, the latter will be considered final only from the payment of the corresponding price. The Seller will systematically confirm each customer's order and then send it by e-mail.
5.2 - Validation
The validation of the order by the Customer implies acceptance of these Terms and Conditions of Sale. Unless proven otherwise, the data recorded by the Seller constitutes proof of past transactions. The Seller transmits to the Customer as soon as possible, and in any event within the days following the order, by e-mail, the confirmation of the order containing the essential elements such as the identification of the products and services ordered, the price, the quantity and the expected date of availability. In this regard, it is the responsibility of the Customer to ensure that the contact information he provided when ordering are correct and that they will allow him to receive confirmation of the order. In the event that the Customer does not receive this confirmation, it is his responsibility to contact the Seller. In any case the Seller's responsibility can not be retained if the Customer does not receive confirmation of the order due to an error in his data entry.
5.3 - Late or non-payment and penalties
For any order validated, received, partially paid or unpaid, the seller will be entitled to claim the payment of compensation for late payment at the rate set in these general conditions of sale. In accordance with Article L. 441-6 of the Commercial Code, late payment penalties and a flat-rate compensation for collection costs are due in the absence of payment on the day following the payment date shown on the invoice. The late payment penalty rate is 40% annually and the amount of compensation is € 40. The penalties are capitalized and produce interest, at the same rate of 40%, as soon as they are due at least for one year, in accordance with article 1343-2 of the civil code.
6 - Conformity of products
6.1 - Fact Sheet
The information mentioned on each file-product is either:
- Those communicated to the Seller by the suppliers from whom the products or services are acquired.
- Those set by the Seller in the case of a manufactured product
6.2 - Non-compliance
In case of non-compliance of the product delivered to the Customer, the Customer may return it to the Seller at the address indicated on the website where the order was placed. In the case of an order made by email, the Seller will communicate to the Customer on request the address to which to return the product.
The Customer may then ask the Website:
- Either to be delivered from one product to the one ordered, within the limits of available stocks;
- Either to be delivered a quality product and equivalent price, within the limits of available stocks.
The cost of returning the product ordered and delivered to the Customer will be borne by the customer.
The possible delivery of another product will be borne by the Seller.
6.3 - Right of withdrawal
In any case, these provisions do not deprive the Customer of the benefit of his right of withdrawal, as governed by Article 11 of these General Terms and Conditions of Sale.
7 - Price Validity Period / Product Availability
7.1 - Terms and conditions
The price including all taxes of each product is indicated in the product sheet or corresponding service. The prices indicated at the time of the order of the Product are valid subject to possible errors in the price. In this case, the Seller reserves the right to cancel the sale. Payments already made will be refunded within 30 days. The shipping costs of the Customer's order will be indicated before the final validation of it. In addition, once the order is validated, prices and fees will remain accessible in the "My Account" section of the Site.
The Seller reserves the right to change prices at any time but the products will be billed to the Customer based on the rates in effect on the day of the validation of the order.
7.2 - Lifespan
In the absence of a specific period of validity indicated on the order, the information appearing on the catalogs available via Internet, the Internet sites, or on any other support whatever it is communicated to the Customer, and this including the descriptions of the Products and Services, their prices and the corresponding delivery and shipping prices, may be modified at any time by the Seller.
In addition, the Seller is not responsible for the displayed public prices displayed which come from information given by a Supplier or a third party.
In case of temporary unavailability of a Product due to an out of stock situation after placing an order, an informational email is sent to the Customer to inform him of the delivery time, provided that the Customer has sent Customer's email address when placing an order.
Our suppliers may have to stop production of the Products we offer. In the event of production stoppage, a new Product of equivalent or superior quality will be offered instead. However, it may happen that the replacement Product is greater in value than the original Product. In this case, the Customer may choose this replacement Product or request a refund.
8 - Payment
8.1 - Terms and conditions
Payment for purchases is made via a PayPal account. Payment cards are not accepted directly to date.
In case of payment by PayPal, the amount of the purchases will be immediately charged to the PayPal account.
The order will be considered effective after confirmation of the agreement of the bank payment centers.
In accordance with the regulations in force and to ensure the security and confidentiality of their information, the Seller does not memorize the banking details of its Customers.
It is thus the Customer's responsibility to record and print his payment certificate if he wishes to keep his bank details and relating to his transaction.
Payment can also be made by SEPA bank transfer or check. In both cases, the order will be validated and shipped after receipt of payment.
8.2 - Computer and technical security
In order to ensure the security of the payment and the confidentiality of the Customer's banking data, the transaction is processed via a banking operator in SSL mode.
The Seller never has access to confidential information relating to the means of payment.
8.3 - Discounts discounts and rebates
In accordance with the provisions of Article L. 441-6 of the French Commercial Code, no discount, discount, rebate or compensation may be granted unless specifically agreed by the Parties.
9 - Delivery
9.1 - Time and cost
The Seller undertakes to use its best efforts to ensure that the Products and Services ordered by the Customer are delivered within 48 hours to an average of three hundred and sixty-five (365) working days from the date of delivery. confirmation of the order and validation of the payment by the bank.
The delivery times mentioned above are applicable to shipments in Mainland France, and may be increased by 15 (fifteen) working days for orders placed during the month of December.
These delivery and shipping costs vary according to the characteristics of the package (weight and volume) and the delivery address.
An additional delivery charge may be applied for deliveries outside mainland France, such as Corsica and the islands attached to continental mainland France or in places that are difficult to access (eg altitude stations).
In order that the defect of delivery or the damages suffered during transport are taken into account, the Customer or his Beneficiary, if any, must have registered the defects or damages noted on the carrier's bill after unpacking and checking the merchandise. presence of the driver, and confirm the said defects or damages within a maximum period of 3 days by registered letter with acknowledgment of receipt addressed to the carrier, with copy sent to the Seller at 42 rue de la dutée, 44800 SAINT-HERBLAIN, France
In accordance with Article L. 133-3 of the French Commercial Code, any reservations not made known to the carrier and the Supplier in the forms mentioned above, will deprive the Customer of any recourse relating to damage occurring during transport .
The Customer must ensure on the day of delivery the availability of a person authorized to receive deliveries and if necessary, the capacity of the delivery site to accommodate large packages or delivered on pallet. The packages are delivered to the door and for insurance reasons can not be delivered in floor.
In case of non-receipt of the package, the Customer has 2 months following the order to make a claim. Beyond this deadline, the Post Office and the carriers do not take into account the search requests. The Seller can not be held responsible for any theft, destruction, deterioration or fraud that may occur after delivery. Products and / or Services lost or stolen from their delivery will not be subject to any exchange or refund.
In case of return of package following an incorrect address or an absent Customer, additional shipping costs for a second shipment will be borne by the Customer. Additional management fees for a second shipment will also be charged up to 50 € HT per return treated.
The possible delivery times mentioned on any document given to the Customer being established as an indication, the overtaking of the deadlines of delivery can in no case give rise to damages. However, in the event of a delay greater than 180 days in relation to the delivery time thus communicated to the Customer, provided that the delivery is not in progress the Customer may cancel his order by sending an email to the service. Customer of the Site; he will then obtain the refund of the sums already paid to the Seller under the said order within a period of 30 days.
9.2 - Delivery conditions
It is the responsibility of the Customer to take all measures to ensure delivery and unloading in compliance with the accessibility and safety instructions, allowing the carrier assigned by the Seller to perform its services in accordance with the regulations in the rules of art.
Due to the special configuration of certain products (dangerousness, size, weight, ...), the Customer must ensure before the validation of his order that the entire device allows him to receive his order in full compliance, and that he has taken into account all his constraints, such as the possibility of passage for trucks.
The Customer may indicate any information that he deems useful to the carrier allowing him to identify the delivery site, the name of the contact, etc., by filling in the field "delivery information" when selecting his delivery address.
It is the responsibility of the Customer, to be present at the delivery of the order to allow delivery in the best possible conditions and check the status of his order.
Delivery is defined as the property line on the sidewalk, verge, or foot of building or no door, in the open air and without additional handling.
For reasons of safety and insurance, the unloading is the responsibility of the carrier assigned by the Seller, and can in no case be the responsibility of the Customer, which incurs his liability and removes all recourse for damage caused to the Customer. parcel.
9.3 - Compliance of your delivery
Once your order is placed and settled, your product is shipped. We invite you to open and check your package in front of the deliveryman. If the latter does not wish to wait, notify it on the delivery note. If the film is damaged or if the package shows the slightest anomaly or tear, you must refuse the delivery and express precise and reasoned reservations on the delivery note. Similarly, once the package opened in the presence of the driver, check your entire order, you can see, despite the integrity of the package, that the product is broken or not in accordance with the order. We invite you to refuse the product in the same way by noting the anomalies on the delivery note.
9.4 - Terms
The Vendor has selected a logistician who according to the typologies of order, will optimize the choice of a carrier in the respect of the specifications of quality to deliver at the best cost and the best service.
9.5 - Delay or absence of delivery
The Customer has the option to cancel the order if the delivery of the latter has not taken place at the latest 40 working days after the delivery date indicated by the Seller, unless this late delivery is due to a case force majeure within the meaning of the case law of the French Courts.
Within 30 working days of the Client's cancellation request, the Seller will make a refund request from the Customer's bank or PayPal account.
9.6 - Partial delivery
The Customer will be informed by email of the partial delivery of an order. A second email will inform you of the delivery of the other products ordered.
9.7 - Delivered
Each delivery is deemed made as soon as the product is made available to the Customer, in particular by the carrier, indicated by a delivery note or by the control system used by the carrier, such as the delivery tracking system proposed on the website. La Poste concerning "Colissimo" for deliveries in France.
If there is no reservation on the delivery note, the Seller can not undertake to take back the product in question, because your signature means that you accept a "compliant delivery". When you have made reservations on the delivery and refused your package, we invite you to contact our customer service by email at contact [at] klementz.fr within 24 hours and inform them of your refusal . You will be contacted by the service to trigger the process of refunding or delivering a new product.
Without prejudice to the time available to the Customer under the right of withdrawal defined in Article 11 below, it is the Customer's responsibility to check the shipments on arrival and make any reservations and claims that appear justified, or even refuse the package if it is likely to have been opened or if it shows obvious signs of deterioration. These reservations and complaints must be sent to the carrier by registered letter with acknowledgment of receipt within three working days of delivery of the products, a copy will be sent immediately to the Seller.
9.8 - Transfer of risks
The delivery made and materialized as indicated above carries risk transfer on the products delivered to the benefit of the Customer.
10 - Right of withdrawal (only for the benefit of private customers)
10.1 - Perimeter
In accordance with Article L. 121-20 of the Consumer Code, "the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or to pay penalties, except , where applicable, return fees. "The period mentioned in the preceding paragraph runs from the receipt for goods or the acceptance of the offer for the provision of services" .
When this period expires on a Saturday, a Sunday, a holiday or holiday, it is extended until the next business day.
However, some products defined in Article L.121-20-2 of the Consumer Code can not be the subject of a right of withdrawal by the Customer, the products concerned being in any case designated as such as to the Customers before the conclusion of the sale, in the data sheets. This is especially:
- Products which by their nature can not be re-shipped or are likely to deteriorate or expire quickly.
- Supplies of newspapers, periodicals or magazines.
- Finally, products made according to the Customer's specifications or clearly personalized.
To exercise this right the Customer natural person must address, within the time mentioned above, a registered letter with acknowledgment of receipt to the Seller to the address indicated on the website and, where appropriate, return the products in their packaging. origin by tracking package and recommended with acknowledgment to the Seller without penalty, except for return costs that remain the responsibility of the Customer.
The refund of the Customer will be made by any means of payment within thirty days from the receipt by the Seller of the request for exercise of the right of withdrawal by the Customer, provided that the product or service has been returned to the Site.
11 - Return of the product in the event of non-conformity or exercise of the right of retraction
In order to fully benefit from the conditions of Article 7 "Conformity" and those of Article 11 "Right of Retraction", the Customer must return the product or service to the Seller after informing the latter who will transmit the return procedure.
The returned product must be:
- properly protected, in its original packaging, in a perfect state of resale (undamaged, damaged or soiled) accompanied by any accessories, instructions and documentation
- accompanied by the sales invoice so as to allow the Seller to identify the Customer (order no., surname, first name, address).
- without the product or service having obviously been the object of a durable use (beyond a few minutes), ie provided that the products do not bear the mark of a prolonged use exceeding the time necessary for their test and be in a state allowing their resale like new.
12 - Warranties
12.1 Legal warranty
Article L211-4 French Consumer Code.
The seller is required to deliver a good in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to it by the contract or has been carried out under its responsibility.
Article L211-5 Consumer Code
To be in conformity with the contract, the property must:
- Be fit for the usual expected use of a similar good and, where appropriate:
- Correspond to the description given by the seller and possess the qualities that he has presented to the buyer as a sample or model
- Present the qualities that a buyer may legitimately expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling
- Or have the characteristics defined by mutual agreement by the parties or be fit for any special purpose sought by the buyer, made known to the seller and that the latter has accepted.
Article 1641 French Civil Code
The seller is bound by the guarantee by reason of the hidden defects of the thing sold which render it unsuitable for the use for which it is intended, or which diminish the use so much, that the buyer would not have acquired it, or not would have given a lower price, had he known them.
12.2 Contractual guarantee
Unless otherwise stated on the invoice, the products supplied by the company are guaranteed for two (2) years.
The Products distributed by the Supplier benefit from the manufacturer's guarantee, the invoice or, failing that, the delivery note serving as proof of purchase. It is expressly agreed that a non-conforming or abnormal use of the Products, as well as the non-respect or non-communication of the conditions or instructions for use by the Customer, will deprive the Customer of the guarantee provided for above. . It is also recalled that the warranty does not apply to the repair of damage resulting from a cause external to the Product (eg shock, lightning, ...), a connection or an installation not complying with the user's manual. use, commercial or collective use or the use of inappropriate accessories. In addition, interventions performed by persons not mandated by the manufacturer may deprive the Customer of the exercise of this guarantee. Some manufacturers require that the Products be returned in their original packaging with all their accessories and the related documentation.
In the event of a defective item, the Beneficiary will have to contact the Supplier who will put him in touch with the after-sales service corresponding to the Product and located closest to him. It is the responsibility of the manufacturer of the Product to decide on the repair or replacement of the Product. Customer / technical center / Customer transport is the responsibility of the Customer.
13 - Liability
The Seller agrees to provide its services in accordance with the rules of the art and practice of the profession. He is bound by a general obligation of means unless otherwise provided by law.
The Seller's liability can not be incurred when the Customer does not comply, in whole or in part, with these General Terms and Conditions of Sale, or in the event of unforeseeable events by a third party or in case of force majeure.
It is expressly agreed that the total amount of indemnities and / or damages that the Seller may be required to pay to the Customer for any reason, as a result of the present, its default or a breach (to the exclusion of any breach by the third party provider) will be limited to the amount of the service concerned or, failing a link to a specific service, to the amounts of orders placed and paid to the Seller by the Customer during the month preceding the formal challenge of the Site.
14 - Prohibition of resale
The Products of the Supplier may not be sold or resold. The Supplier reserves the right to terminate its commercial relations with any Client who fails to comply with this obligation without notice or compensation.
15 - Archiving - Proof
The Seller will archive purchase orders and invoices on a reliable and durable as a true copy in accordance with the provisions of Article 1348 of the Civil Code. The computerized registers of the Site will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
16 - Transfer
The Seller reserves the right to transfer the present to any successor or third party, including in the form of assignment, lease management, merger, consolidation, restructuring, etc. ...
17 - Modification / Evolution
The Seller reserves the right to modify the present General Terms of Sale.
Any new version of these will be indicated beforehand on the first page of the websites of the company.
Customers who do not wish the contractual relationship to be governed by the new version of the General Conditions of Sale applicable to any new order, must notify and, from the date from which the new version will take effect, they must cease to use the services offered by the Company.
18 - Completeness
In the event that one of the clauses of these General Conditions of Sale is null and / or void due to a change of legislation, regulation or by a court decision, this can not in any way affect the validity and compliance with the other provisions of these General Terms and Conditions of Sale, subject in particular to the fact that the financial equilibrium of the Contract is not called into question.
19 - Duration
These General Terms and Conditions of Sale are valid from January 1st, 2018.
They replace and cancel all previous versions.
20 - Intellectual property
The Company's websites are works of the mind protected by the laws of intellectual property. The said websites in their sets are each of the elements that compose it (such as texts, trees, software, animations, photographs, illustrations, diagrams, logos, audio samples) are the exclusive property of the Company which is only authorized to use the rights related intellectual property rights.
The Seller also benefits from rights on the content broadcast, including those of suppliers.
The use of all or part of the Company's websites, including downloading, reproduction, transmission, representation or dissemination for purposes other than for your personal and private use for non-commercial purposes is strictly prohibited. Violation of these provisions subject you to the penalties provided by both the Code of Intellectual Property and the Penal Code in particular for the infringement of copyright and trademark law, as the Civil Code in matters of civil liability.
The trademarks, domain names and designs that appear on the Company's websites are the exclusive property of the Company. The creation of hypertext links to one of the websites in question may only be made with the prior written authorization of the Company, which authorization may be revoked at any time.
All sites with a hypertext link to one of the Company's websites are not under the control of the Company and therefore the Company declines all liability (including editorial) concerning the access and content of these sites.
The Company is free to modify, at any time and without notice, the content of its websites.
Each Party is and remains the sole owner of intellectual or industrial property rights relating to trademarks and logos that it uses for the purposes of its activity.
21 - Data Protection Act
In accordance with the law relating to computers, files and freedoms of January 6, 1978, the information of a personal nature relating to buyers may be subject to automated processing. Buyers may object to the disclosure of their details by notifying the Seller. Similarly, users have a right to access and rectify data concerning them, in accordance with the law of January 6, 1978. The automated processing of information, including the management of email addresses of users of the site was the subject of a declaration to the Commission Nationale Informatique et Libertés (CNIL Declaration), May 13, 2013 and registered with the said commission under the number 1672802.
22 - Applicable law and jurisdiction of the courts
Any dispute that occurs in the context of the interpretation and / or execution of these Terms and Conditions, and which would not be resolved amicably between the parties within the two-month period, will be submitted to the competent courts the jurisdiction of the Court of Appeal of Nantes.
The duration of the limitation period applicable to the shares exercised in the context of the present deed is fixed at two (2) years.
Protection of privacy
In accordance with the Data Protection Act of January 6, 1978, you have the right to access, rectify and oppose data concerning you from Control Tower Records SAS. You can exercise this right by sending us:
An email to the following address: contact [at] klementz.fr
A mail to:
42 rue de la dutée,
The processing of information communicated through the company's websites has been declared and registered with the National Commission for Computing and Freedoms (CNIL Declaration) under the number 000000
Finally, the registration on one of the company's websites implies acceptance of the General Conditions of Sale, the user accepts to receive the offers by email, on a maximum daily frequency.
It should be noted that all e-mails sent by the Seller:
- include an unsubscribe link;
- return to the individual account which allows to manage his subscriptions.
Personal data (address, email and telephone) may be transmitted to third parties to ensure the delivery of orders.
Finally, the Seller uses the technology of cookies (text files saved on your hard drive). The data collected is necessary for the processing and management of your orders.