General Terms and Conditions
Terms of Sales
Preamble
1 – The site www.ker.fr is published by the company Ker, a simplified joint stock company with capital of €1,000, whose head office is located at Carantec (29660), 10 rue Duguay Trouin, registered under the identification number unique 91940068900015 RCS Brest.
Ker is the author of the sales offer relating to the products presented on its website: www.ker.fr (hereinafter the “Website”)
2 – These General Conditions of Sale apply between Ker the Customer of the Website.
The General Conditions of Sale, as well as the order form and the order confirmation constitute the sales contract between the Customer and Ker relating to the sale of the Products ordered.
Any order placed on the Website requires that the Customer accepts in advance and without reservation the General Conditions of Sale in their entirety. In the event of disagreement with the terms and conditions of the General Conditions of Sale, the Customer must not use the Website.
Ker reserves the right to adapt or modify these General Conditions of Sale at any time and without notice, the adaptations or modifications then being applicable to all orders subsequent to these adaptations or modifications.
In the event of modification, the General Conditions of Sale applicable to the Customer's order are those which were online, and which the Customer accepted on the day of placing his Order.
3 – For any information relating to the execution of one or more Orders, or the processing of a complaint, the Customer must contact Customer Service:
‐ By email: contact@ker.fr
‐ By mail to the following address: 10 rue Duguay Trouin, 29660 Carantec
Article 1 – Definitions
The terms and expressions identified by a capital letter in the General Conditions of Sale have the meaning indicated below (whether they are used in the singular or plural).
‐ “General Conditions of Sale”: designate this document, i.e. the terms and conditions applying in the relations between Ker and the Customer;
‐ "Order": designates the Customer's purchase order for one or more Product(s) placed using the Website or via Customer Service;
‐ “Website”: designates the website accessible at the address www.ker.fr published by Ker and/or at any other address with a different extension;
‐ “Product”: designates a product offered for sale on the Website;
‐ “Customer”: designates an adult natural person who uses the Website and acquires one or more Product(s), for his or her personal needs, through the website, having previously adhered to the General Conditions of Sale.
ARTICLE 2 – PURPOSE
The General Conditions of Sale define the rights and obligations of Ker and the Customer in the context of the sale of Products by Ker on the Website or through the Site Customer Service set up by Ker.
Any use of the Website and any placing of an Order for one or more Product(s) through the Website implies pure and simple acceptance of all of the General Conditions of Sale.
The General Conditions of Sale are reserved for consumer buyers, to the exclusion of any professional.
Only persons legally capable of entering into contracts concerning the Products offered for sale on the Site may place an Order on the Website. When placing the Order, the Customer guarantees that it has full legal capacity to adhere to the General Conditions of Sale, place an Order and conclude a sale.
ARTICLE 3 – CREATION OF AN ACCOUNT
To order Products on the Website, the Customer must create an account by providing the required information in the registration form. Furthermore, the creation of an account is mandatory to benefit from all private offers, private sales or any other commercial operations reserved for customers of the Website.
To this end, the Customer declares to provide complete, non-erroneous personal information capable of enabling precise identification in any situation. Any fanciful or slanderous personal information may result in the closure of the Customer's account and the cancellation of their Order.
When creating their account, the Customer chooses a username and password. The Customer is informed that his username and password are personal and confidential and as such, he undertakes to keep his password secret and not to disclose it to a third party, for any reason whatsoever.
This account will be accessible at any time by the Customer using their identifiers
The Customer is responsible for all actions carried out on the Website using his username and password. Any user registered on the Site will be responsible for any Order placed with the entry of their identifiers, subject to the right of withdrawal in article 9.4.
By creating his account, the Customer accepts Made In Design's Personal Data Protection policy (Article 12).
ARTICLE 4 – ORDER TERMS – PLACEMENT
4.1. The Customer can place an Order, in French, English and Provencal directly on the Website, after entering their identifiers, in accordance with article 3.
4.2. By browsing the different sections of the Website, the Customer can place the Products of his choice in his shopping cart by clicking on the “Add to cart” button. Access to the basket is possible at any time for modification or validation.
Each of the steps necessary for the sale are specified on the Website.
Any information on the Products can be given, and any Order can also be placed by the Customer, in French or in English, directly with Customer Service at: + 33(6) 13 67 04 23.
For any request for information or any Order, the Customer is responsible for telecommunications costs when accessing the Internet and using the Website, or when calling the Website's Customer Service.
4.3. In application of the provisions of article 1127-2 of the Civil Code, the Customer will have the possibility of verifying the details of his Order and its total price and, if necessary, of correcting or modifying it before definitively confirming to express his acceptance.
Ker cannot be held responsible for input errors by the Customer, nor for their possible consequences in terms of delay or delivery error. In these cases, the costs incurred by a possible reshipment will be the responsibility of the Customer.
4.4. Once the contents of their shopping cart have been validated, the Customer must:
– complete all the information requested, including that relating to the content and payment terms;
– declare that you accept all of the General Conditions of Sale without reservation.
After having provided or modified this information and subject to having expressly accepted the General Conditions of Sale, the Customer will finalize their order by clicking on the “Finalize my order” button on the payment page.
Validation of the Order by the Customer's "double click" constitutes acceptance of the prices and characteristics of the Products purchased by the Customer.
ARTICLE 5 – ORDER TERMS – CONFIRMATION
5.1. Once the Order has been validated by the Customer in accordance with the terms of article 4.4, a confirmation e-mail, acknowledging receipt of the Order and including all of this information, is sent by Ker to the Customer as soon as possible.
5.2. The Order will only be considered final once Ker sends the Customer the confirmation email referred to in article 5.1, and the sale of the Product(s) will only be noted from payment of the corresponding price by the Customer.
5.3. Product and price offers are valid as long as they appear on the Website, it being specified that the Website is updated daily.
Product offers are within the limits of available stocks. In the event that a Product is unavailable, in particular due to a stock shortage, Ker undertakes, on the one hand, to remove it from the Website as soon as possible.
5.4. In the event that a Product ordered by the Customer is unavailable, in particular due to a cessation of production or distribution by a craftsman, Ker undertakes to inform the Customer by e-mail as soon as it becomes aware of this unavailability.
Ker will then indicate to the Customer, if applicable, the new deadline within which the product concerned will be made available and offer him, if one exists, an equivalent Product.
In the event of the Customer's refusal to wait for the availability of the product, or his refusal of an equivalent product, the Customer will be reimbursed the price of the Product if his bank account has been debited, within 14 days following the date of confirmation of this refusal.
5.5. In accordance with the provisions of article L.121-11 of the Consumer Code,
Ker is entitled to refuse any Order for legitimate reasons, in particular in the event of a payment problem, foreseeable difficulty with delivery, abnormal order or order placed in bad faith. Ker also reserves the right to request proof of identity by e-mail and/or telephone, in which case the Customer will then have the possibility of canceling his Order.
Upon receipt of the order, Ker is entitled to refuse it in the event that the prices displayed online or resulting from the Order are, in particular due to an error or technical malfunction, computer bug, insignificant to the actual sale price. of the product.
ARTICLE 6 – ORDER TERMS – PRODUCT PRICES
6.1. The price of the Products indicated on the Website is in Euros, all taxes included.
The price of the Products excludes the Customer's contribution to the costs of logistical preparation (processing; shipping) and delivery, which remain the responsibility of the Customer. The total amount of their contribution to these costs is communicated to the Customer, either when they connect to the Website or when they call Customer Service, before they validate their Order.
6.2. For deliveries of Products outside French territory, the provisions provided for by the General Tax Code relating to VAT will apply. For delivery outside the European Union, the Customer must pay customs duties, VAT or other taxes due when importing the products into the country of delivery.
The related formalities are the sole responsibility of the Client, unless otherwise indicated. The Customer is solely responsible for checking the possibilities of importing the products ordered with regard to the law of the territory of the country of delivery.
6.3. Ker reserves the right to modify prices at any time and without notice but the price applicable to the Customer's Order will remain that indicated in the summary of their shopping cart when validating their order. The prices displayed online or resulting from the Order are guaranteed, unless they prove, in particular due to an error or technical malfunction, computer bug, to be derisory at the actual selling price of the Product.
ARTICLE 7 – PAYMENT [
7.1. Scope of payment The price of the Products and the logistics preparation and delivery costs are payable in full by the Customer at the time of placing the Order.
The Customer also undertakes to pay or have paid, where applicable, directly to the forwarder or carrier, the customs duties, VAT or other taxes due upon the importation of the products into the country. of the place of delivery.
7.2. Payment method Payment for the Order may be made by the Customer by credit card, in a secure environment, according to the terms and conditions offered on the Website.
The payment order made by credit card cannot be canceled. Payment of the Order by the Customer is irrevocable, without prejudice to the Customer exercising his right of withdrawal.
For an order via the site www.ker.fr, or by telephone via Customer Service, the Customer confirms and guarantees that he is the holder of the bank card and that the latter gives access to sufficient funds to cover the payment of the command.
The Customer's bank account will be debited after a period of one (1) day following the date of confirmation of the Order. The payment will be considered effective after confirmation of the agreement of the bank payment centers
The Customer can also pay for the Order by transfer to the order of Ker (the bank details being issued at the time of placing the Order. In the absence of receipt of the transfer within 7 days of confirmation of the Order or in the event of rejection of the transfer by the bank, Ker reserves the right to cancel the Order
The Customer guarantees to Ker that he has the possible authorizations necessary to use these payment methods when taking the Order.
Generally speaking, the Customer guarantees to Ker, when placing an Order, that he is fully authorized to use the means provided for the payment of his order and that he has any necessary authorizations to use the method of payment. payment concerned.
When paying by the Customer, their bank details are encrypted with the HTTPS protocol and then transmitted to only servers capable of deciphering them. In order to avoid abuse and/or fraud, authorizations and banking data are then verified directly with the Customer's bank. The Customer also has the possibility of recording information relating to his CB, Visa, MasterCard or American Express payment card, in order to facilitate his future purchases on the Website. This information is recorded and secured with our partner Atos Worldline: Ker, never has access to confidential information relating to said means of payment.
7.3. Failure to pay and retention of title The Products ordered remain the property of Ker until final and full payment of the sale price.
In the event of delivery and non-payment, Ker has the right to claim the products ordered, the Customer undertaking for his part to return any unpaid Product, all costs at his expense.
ARTICLE 8 – DELIVERY
8.1. Place of delivery In principle, delivery of the Products will take place, after registration of payment for the Order, to the delivery address indicated by the Customer when placing the Order. An email will be sent to the Customer to announce the shipment of the Products.
Ker ensures delivery of Orders in the following countries and territories: France and continental Europe, South Africa, Algeria, Andorra, Saudi Arabia, Argentina, Australia, Bahamas, Bahrain, Bolivia, Brunei, Cambodia, Canada, Chile, China, Korea South, Ivory Coast, Dominica, Egypt, United Arab Emirates, United States, Guadeloupe, French Guiana, Hong Kong, Hungary, India, Indonesia, Iceland, Israel, Japan, Kuwait, Laos, Lebanon, Liechtenstein, Morocco, Martinique, Mayotte, Mexico, Norway, New Caledonia, New Zealand, Peru, Poland, French Polynesia, Qatar, Dominican Republic, Czech Republic, Réunion, Russia, Saint Barthélémy, Saint Martin, Saint Pierre and Miquelon, Singapore, Slovakia, Switzerland, Tahiti, Taiwan, Thailand, Tunisia, Turkey, Ukraine, Uruguay, Venezuela, Vietnam.
The Customer also has the option of having the Products delivered to a natural person of his choice whose permanent domicile is located in mainland France.
8.2. Contribution to preparation and delivery costs The amount, all taxes included (TTC), of the Customer's contribution to the costs of logistical preparation (processing; shipping) and delivery of the Order will be indicated to the Customer before final validation of the Order.
8.3. Delivery time The delivery time will be indicated to the Customer during the procedure for placing the Order, prior to validation of the Order and before payment.
If an Order contains Products deliverable on different dates, the Customer may choose to receive their Products separately according to the dates announced on each Product sheet by contacting Ker Customer Service; this option is however likely to result in a greater contribution from the Customer to the costs of logistics preparation and delivery, which will be indicated to them by Customer Service. If the Customer chooses to receive their Order in one go, they will receive their Order according to the latest delivery time.
In the event of late delivery, the Customer may denounce the sale under the conditions provided for by article L.216-2 of the Consumer Code, provided that the delay in delivery observed is not attributable to the Customer, in particular in the event of unavailability to receive delivery.
8.4. Place of delivery A delivery is considered to have been made as soon as the Customer takes physical possession of the Product at the delivery location agreed with the Customer when placing the Order and, if applicable, with the carrier. Taking possession of the Product is validated by the control and traceability system used by the carrier.
8.5. Collection of Products in the event of absence In the absence of collection within the deadlines set by the carrier, the Products will be returned to Ker, which reserves the right to reimburse the price to the Customer, the shipping costs remaining at the responsibility of the Customer.
8.6. Effect of delivery The transfer of risks occurs upon delivery, at the time the Customer takes physical possession of the Products at the delivery address indicated by the Customer, or from the carrier.
Without prejudice to the period available to the Customer to exercise their right of withdrawal, upon receipt of the Products, it is up to the Customer or the recipient to ensure that the Products delivered correspond to their Order, and to check the condition and conformity. of the Products in relation to his Order.
The Customer (or, if applicable, the recipient) will formalize his acceptance of the delivery by signing the delivery receipt issued by the carrier.
If, upon delivery, the external appearance of the package is not perfect, the Customer or the recipient of the Products will open the package in the presence of the carrier in order to check the condition of the Products. In the event of damage resulting from transport, the Customer must refuse the damaged Products and indicate “refusal for damage” on the return slip.
In the event of an apparent defect in the package, the Customer must make any reservations and complaints that appear justified; it will be up to him, if necessary, to refuse the package.
Without prejudice to the guarantees enjoyed by the Customer under Article 9, for any complaint relating to an apparent defect or damage during delivery of the Product, the Customer must contact Customer Service as soon as possible. in order, on the one hand, to preserve Ker's rights vis-à-vis the carrier, and on the other hand, in the event that the Product is still in the possession of the Customer, initiate the return procedure under the conditions provided for in article 9.4.
In the event of refusal of delivery or return of the Product for the reasons referred to in the previous paragraph, the Customer may request a new delivery or the cancellation of his order under the conditions of article 9.1.3.
ARTICLE 9 – CONFORMITY – GUARANTEE – RIGHT OF WITHDRAWAL
9.1. Product compliance
The legal guarantee of conformity mentioned in articles L.217-4 to L.217-14 of the Consumer Code and that relating to defects in the item sold, mentioned in articles 1641 to 1649 and 2232 of the Civil Code, will apply in accordance with to the law.
In the event of legal guarantee of conformity action, the consumer:
‐ benefits from a period of two years from the delivery of the goods to act,
‐ can choose between repair or replacement of the good, subject to the cost conditions provided for by article L.217-9 of the Consumer Code,
- is exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four (24) months following delivery of the goods. This period is six (6) months for second-hand goods.
The legal guarantee of conformity applies independently of the commercial guarantee. In the event that the consumer decides to implement the guarantee against hidden defects in the thing sold as provided for by article 1641 of the civil code, he can choose between the cancellation of the sale or a reduction in the sale price in accordance with in article 1644 of the said code.
9.1.1. Before shipment, the Products delivered to the Customer are subject to verification to ensure their compliance with the description given on the Website.
It is however specified that, for technical reasons (photographic and IT), the actual rendering of the Products may sometimes differ slightly from that of the photographs presented on the Site. Each object (furniture, pottery, etc.) is made with natural materials (wood, straw, earth, etc.). Colors may vary slightly. Which makes it a unique object and which guarantees the work of the craftsmen.
9.1.2. Notwithstanding, where applicable, the specific guarantee conditions from which the Customer benefits in respect of the Product in question, the Products presented on the Website are subject to the legal guarantee conditions below.
According to article L.217-4 of the Consumer Code:
“The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.
According to article L.217-8 of the Consumer Code:
“The buyer has the right to demand that the goods conform to the contract.”
According to article L.217-5 of the Consumer Code:
To comply with the contract, the property must:
‐ Be suitable for the use usually 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 buyer in the form of a sample or model;
• Present the qualities that a buyer can legitimately expect in view of the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;
‐ Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
‐ According to article L.217-7 of the Consumer Code: » Defects of conformity which appear within 24 months of delivery of the good are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller can combat this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity. – According to article L.217-12 of the Consumer Code: » Action resulting from lack of conformity is prescribed two years from delivery of the good. »
9.1.3. In application of articles L.217-9 and L.217-10 of the Consumer Code, repair of the consequences of lack of conformity or hidden defects, duly established and confirmed as such by Ker, involves the choice of the Customer, except if this wish entails a manifestly disproportionate cost, taking into account the value of the good or the importance of the defect, in relation to the other method, the repair or replacement of the Product.
If repair and replacement of the goods are impossible, the Customer may return the goods and have the price refunded or keep the goods and have part of the price refunded.
In these different cases, the Customer must contact Customer Service and agree on the terms of return of the Product concerned by following the procedure provided in the “My Orders” section of the Website.
Provided it is justified, the application of the provisions of articles L.217-9 and L.217-10 of the Consumer Code takes place without any cost for the buyer.
9.1.4 In the specific case of special operations for Products not being sold new, Ker will specify any defects in the Products. These defects will be taken into account in the event of implementation of article L.217-8 of the Consumer Code.
9.2. Guarantee against hidden defects
According to article 1641 of the Civil Code: "The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer cannot would not have acquired it, or would have only given a lower price for it, if he had known about them. According to article 1642 of the Civil Code: “The seller is not liable for apparent defects of which the buyer was able to convince himself”. According to article 1643 of the Civil Code: “He is liable for hidden defects, even if he is not aware of them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee.” According to article 1644 of the Civil Code: » In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price returned, or keeping the thing and having part of the price returned. price, as it will be arbitrated by experts » According to article 1645 of the Civil Code: » If the seller knew of the defects of the thing, he is required, in addition to the restitution of the price he received, of all the damages to the buyer. According to article 1646 of the Civil Code: "If the seller is unaware of the defects in the item, he will only be required to return the price, and to reimburse the buyer for the costs incurred by the sale." According to article 1647 of the Civil Code: "If the thing which had defects perished as a result of its poor quality, the loss is for the seller, who will be liable to the buyer for restitution of the price and other compensation explained in the two previous articles. But the loss occurring by fortuitous event will be for the account of the buyer. According to article 1648 of the Civil Code: “The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.”
9.3. Right to retract
9.3.1. Ker considers that any Customer who is not satisfied with the Products ordered must be able to exercise their right of withdrawal, without penalties, under the best conditions.
In accordance with articles L.221-18 et seq. of the Consumer Code, the legal period for the right of withdrawal is fourteen clear days from receipt of the Product.
The Customer returning the Product as part of exercising his right of withdrawal has the right to reimbursement of the price of the Products ordered and the outbound delivery costs. On Ker's proposal, the Customer who has exercised his right of withdrawal may, however, opt for an exchange or the issuance of a credit note.
9.3.2. To exercise this right of withdrawal, Ker suggests that the customer follows the procedure provided in the “My Orders” section of the Website.
The refund will be made, at the latest, within fourteen days from the date on which Ker is informed of the Customer's decision to withdraw. Reimbursement may be deferred until recovery of the Product by the Ker Returns service or until the Customer has provided proof of shipment of the Product, the date chosen being that of the first of these events.
The refund will be made according to the payment method used for the Order.
Only the return or exchange of complete Products (accessories, instructions, etc.) and in perfect resalable condition (unsoiled, undamaged, unworn) will be accepted. To facilitate the processing of your request and speed up the reimbursement, we recommend that you send us the carefully completed return form.
The costs of returning the Product goods remain the responsibility of the Customer, unless there is a lack of conformity or proven hidden defects in the Product.
9.3.3. If you use the right of withdrawal for only part of the Order, only the price invoiced for the returned Products will be refunded.
In the event of partial withdrawal of the Order, the Customer who would have benefited, during the initial Order, from free delivery due to exceeding a certain order amount, may be re-invoiced for the delivery costs corresponding to his actual order, if the latter fell below the threshold of free delivery.
9.3.4. As an exception, the right of withdrawal cannot be exercised for contracts listed in article L.221-28 of the Consumer Code, including in particular contracts for the supply of goods made to the consumer's specifications or clearly personalized or which, due to their nature, cannot be returned or are likely to expire quickly.
The Products concerned by the exclusion of the right of withdrawal are indicated as such to the Customer, prior to the Order, in the descriptive sheets.
9.4. Return procedure The Products must be returned to Ker at the following address:
Ker, 10 rue Duguay Trouin, 29660 Carantec
The products must be returned to us properly protected and in their original packaging in new condition, unused or assembled. They must be in perfect resalable condition. Please also do not stick anything or mark anything on the original packaging of the items (tape or label/return slip).
Any Product returned incomplete, damaged, washed, damaged, deteriorated, soiled, even partially will not be refunded or exchanged.
The Customer returns the products. We recommend keeping proof of return to facilitate procedures in the event of a problem occurring during transport.
Unless there is a lack of conformity or hidden defects in the Product, the costs of returning the goods are the responsibility of the Customer.
ARTICLE 10 – CONDITION OF USE OF PRODUCTS
10.1. Prior to any order and any use of Products, the Customer must read all the information communicated on the Website, find out about the characteristics and components of the Products and ensure that they are compatible with the use they are using. wishes to do so.
The price of the Products excludes the Customer's contribution to the costs of logistical preparation (processing; shipping) and delivery, which remain the responsibility of the Customer. The total amount of their contribution to these costs is communicated to the Customer, either when they connect to the Website or when they call Customer Service, before they validate their Order.
10.2. The Customer undertakes to systematically respect the instructions for use indicated by the manufacturer on the packaging and in the instructions for use of the Products before any use. For any additional information regarding the characteristics of the Products, Ker Customer Service is available to the Customer.
ARTICLE 11 – LIABILITY
11.1. The products presented on the Website comply with current French legislation and the standards applicable in France.
Ker undertakes exclusively to respect the legal provisions applicable in France. No regulations specific to the country of delivery and/or consultation of the Website may be invoked against Ker.
The Customer is solely responsible for compliance with the regulations applicable in his country of residence or in the country of destination of the Products. It is up to him to inquire with the local authorities concerned about any limitations on the import, export or use of the Products that he plans to order on the Website.
11.2. The service provided by Ker is limited to the supply of the Products under the conditions described in the General Conditions of Sale. Under no circumstances can MIDI be held responsible for the advice, recommendations and conditions of use of the Products provided by the manufacturers on the Website or in their instructions for use.
11.3. Ker's liability is limited to direct and foreseeable damage that may result from the Customer's use of the Website and the Products. Ker does not accept liability for damage resulting from the Customer's fault in the use of the Products.
Ker cannot be held liable if the non-performance or poor performance of its own obligations is attributable to the Customer, to the unforeseeable and insurmountable act of a third party unrelated to the delivery of the Products, or to an unforeseeable case of force majeure, irresistible and exterior.
Generally speaking, Ker cannot under any circumstances incur any liability for indirect or unforeseeable damage caused in the context of the use of the Website and the Order of Products.
11.4. Ker's liability cannot under any circumstances be sought because of (i) the content available on other sites or Internet sources accessible by means of hypertext links inserted on the Website (and in particular because of advertisements, products, services or any other information), nor (ii) damages of any nature that may be suffered by the Customer during a visit to these sites.
Use of the Website implies knowledge and acceptance by the Customer of the characteristics and limits of the Internet and related technologies, the absence of protection of certain data against possible misappropriation or piracy and risks of contamination by possible viruses circulating on the network.
Ker being itself dependent on the quality of the Internet network, it does not guarantee the continuity of the Website and does not ensure the correction of defects observed on the Internet network. Consequently, Ker cannot be considered responsible for any unavailability of the Website or any connection difficulty or interruption of the connection (malfunction of servers, telephone line or any other technical connection) when using the Site. Internet or, more generally, any disruptions to the Internet network, affecting the use of the Website. In this context, Ker is not responsible for sending forms to an incorrect or incomplete address, for any computer errors or defects noted on the Site.
11.5. Subject to contrary provisions, the Website is accessible anywhere, as long as minimum technical conditions are respected, in particular in terms of access to the Internet network, mobile telephony, and technical compatibility of the equipment used by the customer. Given the global nature of the Internet network, the Customer agrees to comply with all rules of public order relating to the behavior of users of the Internet network and applicable in the country from which he uses the Website.
ARTICLE 12 – ELECTRONIC FILE – PROTECTION OF PERSONAL DATA
12.1. In order to process orders, Ker processes personal data concerning the Customer, identified as mandatory in the forms appearing on the Website.
12.2. Ker undertakes to respect the confidentiality of personal data communicated by Customers on the Website and to process them in compliance with the Data Protection Act of January 6, 1978, as amended and currently in force.
The database created by Ker for this purpose has been declared to the CNIL, in accordance with the requirements of the Data Protection Act.
12.3. The Customer's personal data is collected and processed by Ker for the processing of Orders.
Depending on the choices made when creating or consulting their accounts on the Website, the Customer will choose whether they wish to receive commercial or promotional offers by email from Ker and/or its partners. If a Customer no longer wishes to receive such offers, they may request this at any time by clicking on an electronic link available on emails and newsletters or by modifying their account directly on the website www.ker.fr.
12.4. Ker may be required to communicate this data for the purposes of processing and delivering orders by its service providers, or for after-sales service, and to carry out satisfaction surveys. In addition, Ker may also communicate this data to respond to an injunction from the judicial or administrative authorities.
12.5. The Customer may exercise his individual right of access to the file, his right of opposition, rectification or deletion for data concerning him, by sending his request to Ker (indicating e-mail address, surname, first name, postal address ), by email to contact@ker.fr
or by post to the following address: Ker Customer Service – 10 rue Duguay Trouin, 29660 Carantec
12.6. . The Website is designed to be particularly attentive to the needs of Customers. Cookies are therefore used, the purpose of which is to signal the Customer's visit to the Website when creating their shopping basket.
Cookies are kept on the Customer's hard drive for a maximum period of thirteen (13) months.
The Customer can oppose the recording of these cookies on the hard drive of their computer by configuring their browser as follows:
For Mozilla Firefox:
‐ choose the “tool” menu;
‐ click on the “Clear my tracks” icon;
‐ locate the “cookie” menu and select the options that suit you.
For Microsoft Internet Explorer 6.0, 7.0 and 8.0:
‐ choose the menu “Tools” (or “Tools”), then “Internet Options” (or “Internet Options”);
‐ click on the “Confidentiality” tab;
‐ select the desired level using the cursor.
ARTICLE 13 – SUSPENSION – TERMINATION
The Customer may terminate his registration on the Website at any time and close his account. The Customer can make this request directly from their account (my Contact Information section) or send their termination request to Customer Service.
In the event of a breach by the Client of one of his contractual obligations, particularly in the event of a payment incident, Ker reserves the right to suspend the Client's access to the Websites and Ker's services, or even to terminate his account. depending on the degree of seriousness of the breaches. Ker reserves the right to refuse any order from a Customer with whom any dispute exists.
ARTICLE 14 – INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHT
All elements published within the Website, such as sounds, images, photographs, videos, writings, animations, programs, graphic charter, database utilities, software, and other underlying technology are protected by the provisions of the Intellectual property code and belong to Ker.
Any total or partial reproduction, modification or use of its brand, illustrations, images and logos, for any reason and on any medium whatsoever, without Ker's express prior consent is strictly prohibited.
Apart from any request on its part, Ker prohibits any posting of a hypertext link to the Website. A Customer wishing to place a link on his personal website directly to the home page of the Website must first request express authorization from Ker.
ARTICLE 15 – MISCELLANEOUS
15.1. Partial invalidity In the event that one or more stipulations of the General Conditions of Sale are considered illicit or unenforceable by a competent court, the other stipulations will remain in force and retain their scope and effect.
15.2. Agreement on proof Acceptance of the General Conditions of Sale electronically has, between the parties, the same probative value as the agreement on paper.
The information provided by the Website is binding between the parties. The computerized records will be kept in Ker's computer systems under reasonable security conditions and may constitute a means of proof, available to the Customer, of exchanges, orders and payments made on the Website or by email. The scope of proof of the information delivered by Ker's computer systems is that which is granted to an original in the sense of a signed paper written document.
It is expressly agreed that Ker and the Client may communicate with each other electronically or by telephone. Technical security measures are planned to ensure the confidentiality of the data exchanged.
Ker and the Customer agree that the emails exchanged between them validly prove the content of their exchanges and, where applicable, their commitments, in particular with regard to the transmission and acceptance of orders.
15.3. Conservation and archiving The archiving of contractual documents is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy that can be produced as proof.
15.4. Waiver The fact that Ker or the Customer does not exercise any of its rights under the General Conditions of Sale cannot entail a waiver on its part of this right and to exercise it subsequently, such a waiver can only proceed of an express declaration.
15.5. Force majeure The execution by Ker of all or part of its obligations, in particular delivery, will be suspended in the event of the occurrence of a fortuitous event or force majeure which would hinder or delay its execution.
Are considered as such, in particular, without this list being exhaustive, war, riots, insurrection, social unrest, epidemics, and large-scale general strikes.
Ker will inform Customers of the occurrence of a fortuitous event or force majeure within seven days of its occurrence. If this suspension continues beyond a period of fifteen days, the Customer will have the possibility of canceling the current order, and the price of the Products ordered and the delivery costs paid will then be reimbursed.
ARTICLE 16 – SUSPENSION – TERMINATION
The General Conditions of Sale are subject to French law. Only the French version of these General Conditions of Sale is authentic.
In the event of a difficulty arising during the Order, the delivery of the Products and more generally the execution of the sale, the Customer will have the possibility, before any legal action, to seek an amicable solution, in particular with the help from a consumer association or any other advice of their choice.
Any dispute likely to result from the interpretation or execution of the General Conditions of Sale and its consequences will be brought before the competent courts.
The General Conditions of Sale also apply in the relationship with any user of the Website who has not placed an Order, in particular with regard to articles 11 to 15.