These general terms and conditions of sale (hereinafter the "General Terms and Conditions") apply to any purchase made by an Internet user / natural person (hereinafter the "CLIENT") on the website https://www.ek.fr/ (hereinafter the "SITE") from INDEMOD, SAS registered in the Paris Trade and Companies Register under number 808424345, having its registered office at 1DM0D, 4 avenue d'Eylau 75116 PARIS, France Tél : 0142760766, (hereinafter the "SELLER").
Any order placed on the SITE necessarily implies the CLIENT's unreserved acceptance of these general terms and conditions of sale.
The terms used below have the following meanings in these General Terms and Conditions:
These General Conditions govern the SELLER's sale of the PRODUCTS to its CLIENTS.
The CLIENT is clearly informed and acknowledges that the SITE is intended for consumers and that professionals must contact the SELLER's sales department in order to benefit from separate contractual conditions.
The CLIENT undertakes to read these General Conditions carefully and accept them, before proceeding to the payment of an order for PRODUCTS placed on the SITE.
These General Conditions are referenced at the bottom of each page of the SITE by means of a link and must be consulted before placing the order. The CLIENT is invited to read carefully, download, print and keep a copy of the General Conditions.
The SELLER advises the CLIENT to read the General Conditions with each new order, the latest version of which applies to any new order for PRODUCTS. By clicking on the first button to place the order and then on the second button to confirm said order, the CLIENT acknowledges having read, understood and accepted the General Conditions without limitation or condition.
To be able to purchase a PRODUCT, the CLIENT must be at least 18 years old and have legal capacity or, if he is a minor, be able to prove the agreement of his legal representatives.
The CLIENT will be asked to provide information allowing him/her to be identified by completing the form available on the SITE. The sign (*) indicates the mandatory fields that must be completed for the CLIENT's order to be processed by the SELLER. The CLIENT can check on the SITE the status of his order. The tracking of DELIVERIES can, if necessary, be done using the online tracking tools of some carriers. The CLIENT may also contact the SELLER's sales department at any time by e-mail, via our contact form, in order to obtain information on the status of his order.
The information that the CLIENT provides to the SELLER when placing an order must be complete, accurate and up to date. The SELLER reserves the right to ask the CLIENT to confirm, by any appropriate means, his identity, eligibility and the information provided.
The CLIENT undertakes to read this information carefully before placing an order on the SITE, unless expressly stated otherwise on the SITE, all PRODUCTS sold by the SELLER are new and comply with current European legislation and standards applicable in France.
PRODUCTS orders are placed directly on the SITE. To place an order, the CLIENT must follow the steps described below (please note, however, that depending on the CLIENT's start page, the steps may differ slightly).
The CLIENT must select the PRODUCT(s) of his choice by clicking on the PRODUCT(s) concerned and choosing the characteristics and quantities desired. Once the PRODUCT has been selected, the PRODUCT is placed in the CLIENT's basket. The latter can then add to his basket as many PRODUCTS as he wishes.
Once the PRODUCTS have been selected and placed in his basket, the CLIENT must click on the basket and check that the content of his order is correct. If the CLIENT has not yet done so, he will then be asked to identify himself or register.
Once the CLIENT has validated the contents of the basket and has identified / registered, an online form will appear to the CLIENT automatically completed and summarizing the price, applicable taxes and, if applicable, delivery charges.
The CLIENT is invited to check the content of his order (including the quantity, characteristics and references of the PRODUCTS ordered, the invoicing address, the means of payment and the price) before validating its content.
The CLIENT may then proceed to the payment of the PRODUCTS by following the instructions on the SITE and provide all the information necessary for invoicing and DELIVERY of the PRODUCTS. For PRODUCTS for which options are available, these specific references appear when the correct options have been selected. Orders placed must include all the information necessary for the proper processing of the order.
The CLIENT must also select the delivery method chosen.
Le VENDEUR n'envoie aucune confirmation de commande par courrier postal ou par télécopie.
During the ordering procedure, the CLIENT must enter the information necessary for invoicing (the sign (*) will indicate the mandatory fields that must be completed for the CLIENT's order to be processed by the SELLER).
In particular, the CLIENT must clearly indicate all information relating to the DELIVERY, in particular the exact address of the DELIVERY, as well as any access code to the address of the DELIVERY.
The CLIENT must then specify the payment method chosen.
Neither the order form that the CLIENT draws up online, nor the acknowledgement of receipt of the order that the SELLER sends to the CLIENT by e-mail, shall constitute an invoice. Whatever the method of order or payment used, the CLIENT will receive the original invoice upon DELIVERY of the PRODUCTS, inside the package.
Article 5.3. Date of the order
The date of the order is the date on which the SELLER acknowledges online receipt of the order. The time limits indicated on the SITE only start to run from this date.
Article 5.4. Prices
For all PRODUCTS, the CLIENT will find on the SITE prices displayed in euros all taxes included, as well as the applicable delivery charges (depending on the weight of the package, excluding packaging and gifts, the delivery address and the carrier or mode of transport chosen).
Prices include in particular value added tax (VAT) at the rate in force on the date of order. Any change in the applicable rate may impact the price of PRODUCTS as of the effective date of the new rate.
The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold.
The prices of the SELLER's suppliers are subject to change. As a result, the prices indicated on the SITE may change. They may also be modified in the event of special offers or sales.
The prices indicated are valid, unless there is a gross error. The applicable price is the one indicated on the SITE on the date on which the order is placed by the CLIENT.
Article 5.5 Availability of PRODUCTS
The unavailability of a PRODUCT is in principle indicated on the page of the PRODUCT concerned. CLIENTS may also be informed of the SELLER's restocking of a PRODUCT.
In any event, if the unavailability has not been indicated at the time of the order, the SELLER undertakes to inform the CLIENT without delay if the PRODUCT is unavailable.
The SELLER may, at the request of the CLIENT:
Either offer to ship all PRODUCTS at the same time as soon as the PRODUCTS out of stock are again available, or proceed to a partial shipment of the PRODUCTS available initially, then to the shipment of the rest of the order when the other PRODUCTS are available, subject to clear information concerning the additional transport costs that may be incurred, or propose an alternative PRODUCT of equivalent quality and price, accepted by the CLIENT.
If the CLIENT decides to cancel his order for unavailable PRODUCTS, he will obtain a refund of all sums paid for unavailable PRODUCTS at the latest within thirty (30) days of payment.
The terms and conditions of the right of withdrawal are set out in the "Retraction Policy", a policy available in Annex 1 hereto and accessible at the bottom of each page of the SITE via a hypertext link.
Any contract concluded with the CLIENT corresponding to an order for an amount exceeding 120 euros including VAT will be archived by the SELLER for a period of ten (10) years in accordance with Article L. 134-2 of the Consumer Code.
The SELLER agrees to archive this information in order to monitor transactions and produce a copy of the contract at the CLIENT's request.
In the event of a dispute, the SELLER will have the opportunity to prove that his electronic tracking system is reliable and that he guarantees the integrity of the transaction.
The SELLER remains the owner of the PRODUCTS delivered until they have been fully paid for by the CLIENT.
The above provisions shall not prevent the transfer to the CLIENT, at the time of receipt by him, or by a third party designated by him other than the carrier, of the risks of loss or damage to the PRODUCTS covered by the reservation of ownership, as well as the risks of damage that they may cause.
The terms and conditions for DELIVERY of the PRODUCTS are set out in the "delivery policy" referred to in Annex 2 hereto and accessible at the bottom of each page of the SITE via a hypertext link.
PRODUCTS will be packed in accordance with current transport standards, in order to guarantee maximum protection for PRODUCTS during DELIVERY. CUSTOMERS undertake to comply with the same standards when returning PRODUCTS under the conditions set out in Annex 1' Withdrawal Policy.
12.1 Compliance guarantee
Article L.211-4 of the Consumer Code:" The seller is required to deliver a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation where the latter has been charged to him by the contract or has been carried out under his responsibility. »
Article L.211-5 of the Consumer Code: To be in conformity with the contract, the good must: 1° Be suitable for the use usually expected of a similar good and, if 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;
- have the qualities that a buyer can legitimately expect in view of public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2° 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.
The SELLER is required to deliver a PRODUCT that is in conformity with the expected use of a similar good and corresponding to the description given on the SITE. This conformity also presupposes that the PRODUCT has the qualities that a buyer can legitimately expect in view of the public statements made by the SELLER, including in advertisements and on labels
In this context, the SELLER is likely to be liable for any lack of conformity existing at the time of delivery and for any lack of conformity resulting from the packaging, assembly instructions or installation where the latter has been charged to him or has been carried out under his responsibility.
The action resulting from the lack of conformity shall be barred after two (2) years from the date of issue of the PRODUCT. (Article L.211-12 of the Consumer Code)
In the event of lack of conformity, the CLIENT may request the replacement or repair of the PRODUCT, at his choice. However, if the cost of the CLIENT's choice is clearly disproportionate to the other possible option, taking into account the value of the PRODUCT or the importance of the defect, the SELLER may proceed to a refund, without following the option chosen by the CLIENT.
In the event that a replacement or repair is impossible, the SELLER undertakes to return the price of the PRODUCT within 30 days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CLIENT to the following address: 11-13 rue des Filles du Calvaire.
Finally, the CLIENT is exempted from providing proof of the existence of the lack of conformity of the PRODUCT during the six (6) months following the delivery of the good.
It is specified that this legal guarantee of conformity applies independently of the commercial guarantee granted, if any, on the PRODUCTS.
12.2 Warranty for hidden defects
The SELLER is bound by the warranty for hidden defects in the PRODUCT sold that make it unfit for the use for which it is intended, or that reduce this use to such an extent that the CLIENT would not have acquired it, or would have given only a lower price, if he had known them.
(Article 1641 of the Civil Code)
This warranty allows the CLIENT who can prove the existence of a hidden defect to choose between the refund of the PRODUCT price if it is returned or the refund of part of its price if the PRODUCT is not returned.
In the event that a replacement or repair is impossible, the SELLER undertakes to return the price of the PRODUCT within 30 days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CLIENT to the following address: 11-13 rue des Filles du Calvaire. The action resulting from the fundamental defects must be brought by the CLIENT within two (2) years of the discovery of the defect (Paragraph 1 of Article 1648 of the Civil Code)
The SELLER may in no event be held liable in the event of non-performance or improper performance of contractual obligations attributable to the CLIENT, in particular during the entry of his order.
The SELLER may not be held liable, or considered to have failed to comply herewith, for any delay or non-performance, when the cause of the delay or non-performance is related to a case of force majeure as defined by the case law of the French courts and tribunals.
It is also specified that the SELLER does not control websites that are directly or indirectly linked to the SITE. Consequently, it excludes any liability for the information published in it. Links to third party websites are provided for information purposes only and no warranty is given as to their content.
The data collected by the SELLER is used to process orders placed on the SITE, manage the CLIENT's account, analyse orders and, if the CLIENT has chosen this option, send him sales prospecting letters, newsletters, promotional offers and/or information on special sales, unless the CLIENT no longer wishes to receive such communications from the SELLER.
The CLIENT's data are kept confidential by the SELLER in accordance with his declaration made to the CNIL, for the purposes of the contract, its execution and in compliance with the law.
CLIENTS may unsubscribe at any time by accessing their account or by clicking on the hypertext link provided for this purpose at the bottom of each offer received by e-mail.
The data may be communicated, in whole or in part, to the SELLER's service providers involved in the ordering process. For commercial purposes, the SELLER may transfer to his business partners the names and contact details of his CLIENTS, provided that they have given their prior consent at the time of registration on the SITE.
The SELLER will specifically ask CUSTOMERS if they wish their personal data to be disclosed. CLIENTS may change their mind at any time on the SITE or by contacting the SELLER.
The SELLER may also ask his CLIENTS if they wish to receive commercial solicitations from his partners.
In accordance with the law n°78-17 of 6 January 1978 relating to data processing, files and freedoms, the CLIENT has the right to access, rectify, oppose (for legitimate reasons) and delete his personal data. He can exercise this right by sending an e-mail to the following address: firstname.lastname@example.org or by sending a letter to 11-13 rue des Filles du Calvaire.
It is specified that the CLIENT must be able to prove his identity, either by scanning an identity document or by sending the SELLER a photocopy of his identity document.
The SELLER provides the CLIENT with a "Customer Telephone Service" at the following number: 0142760766 (number not surcharged).
Any written complaint from the CLIENT must be sent to the following address: 11-13 rue des Filles du Calvaire.
All visual and sound elements of the SITE, including the underlying technology used, are protected by copyright, trademark and/or patent law.
These elements are the exclusive property of the SELLER. Any person who publishes a website and wishes to create a direct hypertext link to the SITE must request the SELLER's written authorization.
This authorization of the SELLER shall under no circumstances be granted definitively. This link must be removed at the SELLER's request. Hypertext links to the SITE using techniques such as framing or in-line linking are strictly prohibited.
Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these General Terms and Conditions shall not affect the validity of these General Terms and Conditions. Such modification or decision shall in no way entitle CUSTOMERS to disregard these General Terms and Conditions.
Any terms and conditions not expressly provided for herein shall be governed in accordance with the practice of the retail trade sector, for companies whose registered office is located in France.
These General Conditions apply to all purchases made online on the SITE, as long as the SITE is available online.
The General Conditions are precisely dated and may be modified and updated by the SELLER at any time. The applicable General Conditions are those in force at the time of the order.
The modifications made to the General Conditions will not apply to PRODUCTS already purchased.
These General Terms and Conditions and the relationship between the CLIENT and the SELLER are governed by French law.
In the event of a dispute, only the French courts shall have jurisdiction.
However, prior to any recourse to the arbitral or State judge, preference shall be given to negotiation in a spirit of loyalty and good faith with a view to reaching an amicable agreement when any dispute arises relating to this contract, including its validity.
The party wishing to implement the negotiation process must inform the other party by registered letter with acknowledgement of receipt, indicating the elements of the conflict. If, after a period of fifteen (15) days, the parties are unable to reach an agreement, the dispute shall be submitted to the competent court designated below.
Throughout the negotiation process and until its conclusion, the parties refrain from taking any legal action against each other and for the conflict that is the subject of the negotiation. By way of exception, the parties are entitled to apply to the court for interim measures or to request an order on request. Any action before the court for interim measures or the implementation of a procedure upon request shall not entail any waiver by the parties of the amicable settlement clause, unless expressly requested otherwise.
The CLIENT has the right in principle to return or return the PRODUCT to the SELLER or a person designated by the latter, without undue delay, and at the latest within fourteen (14) days following the communication of his decision to withdraw, unless the SELLER himself offers to recover the PRODUCT.
The withdrawal period expires fourteen (14) calendar days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, physically takes possession of the PRODUCT.
In the event that the CLIENT has ordered several PRODUCTS via a single order resulting in several DELIVERIES (or in the case of an order for a single PRODUCT delivered in several lots), the withdrawal period shall expire fourteen (14) calendar days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, physically takes possession of the last PRODUCT delivered.
To exercise its right of withdrawal, the CLIENT must notify its decision to withdraw from this contract by means of an unambiguous statement to : 11-13 rue des Filles du Calvaire or via our contact form.
He can also use the form below:
SELLER*'s telephone number*:
SELLER's fax number*:
SELLER's* e-mail address:
I hereby notify you of my withdrawal from the contract for the sale of the PRODUCT below:
Invoice number :
Order form number:
- Ordered on[____________]/received on[________________].
- Method of payment used:
- Name of the CLIENT and, if applicable, of the beneficiary of the order:
- CLIENT's address:
- Delivery address :
- CLIENT's signature (except in the case of transmission by e-mail)
In order for the withdrawal period to be respected, the CLIENT must send his communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
In the event of withdrawal by the CLIENT, the SELLER undertakes to reimburse all sums paid, including delivery costs without undue delay and, in any event, at the latest fourteen (14) days from the day on which the SELLER is informed of the CLIENT's wish to withdraw.
The SELLER shall proceed with the refund using the same means of payment as the CLIENT used for the initial transaction, unless the CLIENT expressly agrees to a different means, in any event, this refund shall not entail any costs for the customer.
The SELLER may defer the refund until the goods are received or until the CLIENT has provided proof of shipment of the goods, whichever comes first.
The CLIENT shall, without undue delay and in any event not later than fourteen (14) days after notification of its decision to withdraw from this contract, return the goods to : 11-13 rue des Filles du Calvaire.
This deadline is deemed to have been met if the CLIENT returns the property before the expiry of the fourteen-day deadline.
The CLIENT shall bear the direct costs of returning the property.
The PRODUCT must be returned in accordance with the SELLER's instructions and include all accessories delivered.
The CLIENT shall only be liable for the depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of this PRODUCT. In other words, the CLIENT has the possibility to test the PRODUCT but his responsibility can be engaged if he carries out manipulations other than those necessary.
Exclusions from the right of withdrawal
The right of withdrawal is excluded in the following cases:
The PRODUCTS offered can only be delivered on the TERRITORY.
It is impossible to place an order for any delivery address outside this TERRITORY.
PRODUCTS are shipped to the delivery address(es) indicated by the CLIENT during the ordering process.
The deadlines for preparing an order and then issuing the invoice, before shipping the PRODUCTS in stock are mentioned on the SITE. These deadlines are exclusive of weekends or public holidays.
An electronic message will automatically be sent to the CLIENT when the PRODUCTS are dispatched, provided that the electronic address given in the registration form is correct.
During the ordering process, the SELLER indicates to the CLIENT the possible delivery times and shipping formulas for the PRODUCTS purchased.
Shipping costs are calculated according to the delivery method. The amount of these costs will be due by the CLIENT in addition to the price of the PRODUCTS purchased.
The details of delivery times and costs are detailed on the SITE.
The package will be delivered to the CLIENT against signature and upon presentation of an identity document.
In case of absence, a notice of passage will be left to the CLIENT, in order to allow him to pick up his package in his post office.
The CLIENT is informed of the delivery date set at the time he chooses the carrier, at the end of the online ordering procedure, before confirming the order.
It is specified that deliveries will be made within a maximum of thirty (30) days. Failing this, the CLIENT must give notice to the SELLER to deliver within a reasonable time and in the event of non-delivery within this time, he may terminate the contract.
The SELLER shall refund, without undue delay from the receipt of the termination letter, to the CLIENT the total amount paid for the PRODUCTS, including taxes and delivery charges, by the same method of payment as that used by the CLIENT to purchase the PRODUCTS.
The SELLER is responsible until the PRODUCT is delivered to the CLIENT. It is recalled that the CLIENT has a period of three (3) days to notify the carrier of any damage or partial loss noted at the time of delivery.