General Terms and Conditions of Sale
These General Terms and Conditions of Sale (hereinafter the "GCS") are offered by 22 NLMT, a company registered in the State of New Mexico under the Entity number 6078435 and EIN (Tax ID Number) 38-4137979, whose registered office is located at 2105 Vista Oeste St NW - Suite E 1267, Albuquerque, New Mexico, 87120.(hereinafter "THE SELLER").
THE SELLER offers, through its website www.keepfit.fr (hereinafter the "Site"), Products (hereinafter the "Products").
Each customer acknowledges having read, in a legible and comprehensible manner, these Terms and Conditions of Sale as well as all the information necessary for the execution of these Terms and Conditions of Sale, prior to placing an order and before entering into a contract with 22 NLMT.
1. APPLICATION AND OPPOSABILITY OF THE GCS
These Terms and Conditions apply to any use of the Site as well as to any order of Products by any customer, natural person, acting for purposes that do not fall within the scope of his professional activity or any customer, natural person or legal entity, acting within the scope of his commercial, industrial, craft or liberal activity (hereinafter the "Customer").
The purpose of these Terms and Conditions of Sale is to define the terms and conditions of the order of the Products, and to determine the respective rights and obligations of each of the parties within the framework of the supply of the Products.
Unless otherwise agreed in writing by the parties, these GCS take precedence over any clauses to the contrary arising from previously drafted general terms and conditions, and thus apply to the exclusion of any other agreement.
These GCS shall be considered as an integral and essential part of the contract concluded between THE SELLER and each of its Customers.
These Terms and Conditions are systematically notified to the Customer when he creates his personal account on the Site and when he places an order on the Site. Each Customer must necessarily read and accept them in order to validate his order on the Site. This acceptance consists of ticking the box corresponding to the sentence of acceptance of these GCS, such as, for example, "I acknowledge having read and accepted all the general terms and conditions of sale published on the Site". The fact of ticking this box will be deemed to have the same value as a handwritten signature on the part of the Customer.
In the event of modification and/or adaptation of these Terms and Conditions of Sale by THE SELLER, only the version in force on the day of the Customer's order on the Site shall be validly applicable. The Customer will be informed of any changes made to these Terms and Conditions, when he subsequently connects to the Site, by a notice published on the Site.
The fact that THE SELLER does not avail itself, at a given time, of any of the provisions of these Terms and Conditions of Sale may not be interpreted as a waiver of the right to do so at a later date.
THE SELLER invites each Customer to read these Terms and Conditions carefully, to print and/or save them on any durable medium, before ordering any Product on its Site.
2. ACCESS AND AVAILABILITY OF THE SITE
THE SELLER offers free access to his Site, the Customer remaining in any case responsible for his computer equipment and Internet connection, the costs of which are at his expense.
Access to the Site can be carried out :
from a computer or an equivalent terminal with access to one or more telecommunications networks allowing access to the Internet network and Internet browsing software (such as Internet Explorer, Mozilla Firefox, etc.);
a telephone terminal with access to a telecommunications network allowing access to the Internet (3G, 4G, Edge, wifi connection, etc.).
THE SELLER shall make its best efforts to make the Site permanently accessible, subject to the maintenance operations necessary for the proper functioning of the Site or the servers on which it is hosted. In the event of an interruption for maintenance, THE SELLER may not be held liable for the possible impact of this unavailability on the Customer's activities.
The Customer is warned of the technical hazards inherent to the Internet and the access interruptions that may result. Consequently, THE SELLER may not be held liable for any unavailability or slowdown of the Site.
The Customer is informed that the SELLER's servers are hosted by the company Shopify - 150, rue Elgin, 8th floor, K2P1L4 Ottawa (Ontario) Canada .
Any failure by the Customer to comply with its obligations under these Terms and Conditions of Sale may result in the suspension or prohibition of the Customer's access to the Site.
3. PROCEDURES FOR CONCLUDING THE CONTRACT
Orders for Product(s) are made through the Site.
The holding of a personal user account is possible but is not a necessary and compulsory prerequisite in order to order Products on the Site.
The creation of a user account is done through the following mandatory fields: Last name, first name, address, email. The user account allows access to a personalized interface, to manage his profile and his orders. However, in case of erroneous information, the customer may not receive an email or encounter other difficulties in placing, tracking or receiving his order.
The Customer chooses directly on the Site the Product(s) he wishes to order. THE SELLER strives to provide visuals and descriptions as faithful as possible to the Products. However, as these visuals and illustrative texts are not contractual, the Customer may not hold the SELLER liable in this respect.
The Customer is required to provide a certain amount of information concerning him/her in order to validate his/her order. All orders must be duly completed and must contain this information strictly necessary for the order. The Customer is responsible for the truthfulness, accuracy and relevance of the data provided.
The Customer may make changes, corrections, additions or even cancel his order until it is validated on the order summary page, before payment.
4. PRICE AND PAYMENT TERMS
Access to the Site as well as to the presentation of the Products is free for the Customer. Only the order of one or more Products will be subject to payment by the Customer.
The prices of the Products are mentioned on the Site in Euros, United States Dollars or British Pounds and all taxes included. The applicable prices are those valid on the day of the order on the Site by the Customer. The prices of Products delivered may vary according to the place of delivery, the prices of Products destined outside the European Union not being subject to VAT.
The prices of the Products and any additional costs related to the order are indicated, in a clear and comprehensible manner, on the order summary. Before placing the order, the Customer is required to confirm this summary.
4.2. PAYMENT METHODS
Prices will be charged on the basis of the rates in force at the time of the order. An invoice summarizing all the Products ordered by the Customer as well as their respective cost will be systematically sent to the Customer.
The Customer will pay the price directly on the Site, and imperatively before any realization by THE SELLER, and this, in accordance with the process provided for this purpose.
THE SELLER uses a secure third-party payment system provided by Stripe.
The payment by the Customer is a necessary precondition for the validation of his order.
Failure to pay by the due date will automatically, without prior formal notice and by right, result in the suspension or invalidation of the Customer's order, without prejudice to any other course of action.
The delivery costs relating to the order are indicated to the Customer before any payment of his order.
Unless otherwise stated on the Site during the ordering process or in the description of the Products ordered, THE SELLER undertakes in all cases to deliver the Products within a maximum period of thirty (30) days after the conclusion of the contract.
The Customer may refuse a package at the time of delivery if he notices an anomaly concerning the delivery (damage, missing Product compared to the delivery note, damaged package, broken or damaged Products, etc...).
If the Customer's package is returned by the Post Office or by other postal service providers, THE SELLER will contact the Customer upon receipt of the returned package to ask him/her what to do with his/her order. If the Customer has mistakenly refused the package, he may request its return by first paying the postal charges for the new shipment. Postal charges will have to be paid even for orders for which postal charges were offered at the time of the order.
Any delay in delivery in relation to the date or time indicated to the Customer when ordering or, in the absence of indication of date or time when ordering, more than thirty (30) days from the conclusion of the contract may result in the cancellation of the sale at the Customer's initiative, upon written request by the Customer by registered letter with acknowledgement of receipt, if, after having instructed the SELLER to make the delivery, the SELLER has not done so. The Customer shall then be reimbursed, at the latest within fourteen (14) days following the date on which the contract was terminated, for all sums paid. This clause shall not apply if the delay in delivery is due to a case of force majeure.
6.RIGHT OF WITHDRAWAL
The Customer has a period of fourteen (14) clear days as from the delivery of the Products to exercise his right of retraction without having to justify any reason or pay any penalties.
If he intends to exercise his right of withdrawal, the Customer must inform THE SELLER of his decision to withdraw from the contract either :
- By means of the form made available to him on the Site, and more precisely, on his personal customer account, and at the end of the present, in Annex 1 ;
- by submitting any other explicit and unequivocal statement to this effect (e.g. a letter sent by registered mail with acknowledgement of receipt).
In any event, the Customer must indicate an unambiguous and unequivocal willingness to withdraw.
In the event of retraction made on the Site by the online transmission of the retraction form, THE SELLER shall send the Customer, without delay, an acknowledgement of receipt on a durable medium, to the email address provided when ordering.
The Customer shall bear the direct costs of returning the Products, unless the Customer's withdrawal is the result of an error in the Product sent, in which case THE SELLER shall bear the costs of return. The Customer is expressly informed that the Product in question must be returned to THE SELLER in its original packaging, including the instructions transmitted and/or any accessories.
If the Customer exercises his right of withdrawal, all sums paid by the Customer will be reimbursed by THE SELLER within fourteen (14) days from the date on which it is informed of the Customer's decision to withdraw. This refund may be deferred until the date of recovery of the Products or until the consumer has provided proof of the shipment of these Products. Reimbursement will be made to the Customer's bank account directly through the Site by bank transfer or by any other means agreed between the parties.
When acting under a legal guarantee of conformity, the consumer has a period of two years from the delivery of the goods to act; he may choose between repairing or replacing the goods, subject to the cost conditions except for second-hand goods, he is exempt from proving the existence of the lack of conformity of the goods during the 24 months following delivery of the goods.
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
The consumer may decide to implement the guarantee against hidden defects of the product sold, unless the seller has stipulated that he will not be bound by any guarantee; in the event of implementation of this guarantee, the buyer has the choice between cancellation of the sale or a reduction in the sale price. He has a period of two years from the discovery of the defect.
The postponement, suspension or interruption of the limitation period may not have the effect of extending the extinctive limitation period beyond twenty years from the day on which the right arises.
All Products purchased on the Site benefit from the following legal guarantees :
7.1.LEGAL GUARANTEE OF CONFORMITY
The seller is required to deliver goods that comply with the contract concluded with the Customer and to answer for any defects in conformity existing during the delivery of the Product. The guarantee of conformity may be exercised if a defect should exist on the day of taking possession of the Product.
However, if the defect appeared within 24 months of that date, it is presumed to meet this condition. The Seller may rebut this presumption if it is not compatible with the nature of the Product or the lack of conformity invoked. In this respect, 22 NLMT may analyse the disputed Product in order to determine whether or not the defect noted existed on the day the Product was delivered to the Customer. On the other hand, after this 24-month period, it shall be up to the Customer to prove that the defect did exist at the time of taking possession of the Product.
In the event of a lack of conformity, the buyer chooses between repairing or replacing the Product. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate to the other method, taking into account the value of the good or the importance of the defect. In such a case, the seller is bound to proceed, unless it is impossible to do so, according to the method not chosen by the buyer.
7.2.LEGAL GUARANTEE AGAINST HIDDEN DEFECTS
The Customer may request the exercise of the warranty for hidden defects if the defects presented did not appear at the time of purchase, were prior to the purchase (and therefore not the result of normal wear and tear of the Product, for example), and are sufficiently serious (the defect must either render the Product unfit for the use for which it is intended, or reduce this use to such an extent that the purchaser would not have purchased the Product or would not have purchased it at such a price if he had known about the defect).
Claims, requests for reimbursement for a non-compliant Product must be made by post or by e-mail to the addresses indicated in the legal notice on the Site. The Customer will be reimbursed by bank transfer of the amount of his order. The costs of the refund procedure (in particular the return postage of the Product) shall remain the responsibility of the SELLER.
Each of the parties assumes responsibility for the consequences resulting from its faults, errors or omissions and causing direct damage to the other party.
The Customer is solely responsible for the quality, precision, relevance and accuracy of the information he provides on the Site for the purposes of his order. The SELLER shall not be held liable in this respect.
The Customer is therefore solely liable to the SELLER and, where applicable, to third parties, for any direct or indirect damage of any nature whatsoever caused by any information or any other publication communicated, transmitted or disseminated hereunder, as well as for any breach on its part of these contractual stipulations.
The Customer is, moreover, solely responsible for the choice of the Products he has ordered through the Site.
Any Customer undertakes not to use the Site in contravention of all laws, rules and regulations in force.
8.2.RESPONSIBILITY OF THE SELLER
THE SELLER shall implement all measures to ensure the Customer the supply of quality Products under optimal conditions. It assumes full responsibility for the Products that it offers and sells to Customers through the Site and will deal alone with any potential complaints relating to said Products.
THE SELLER may not, however, be held liable for any damage, which would be attributable either to the Customer, or to the unforeseeable and insurmountable fact of a third party outside the contract, or to a case of force majeure.
THE SELLER ensures the proper functioning of the Site but cannot in any way guarantee that it is free of anomalies or errors and that it functions without interruption.
THE SELLER cannot be held responsible for the non-functioning, inability to access or malfunctioning of the services of the Customer's access provider, to those of the Internet network.
“Force majeure" is defined as any event beyond the control of one of the parties and not reasonably foreseeable at the time of the conclusion of these GCS. Such an event will be characterized as soon as the party, victim of such an event, would be prevented from properly performing its contractual obligations, despite the implementation of adequate and appropriate measures intended to limit its effects.
Neither of the two parties shall be held liable vis-à-vis the other for the non-execution or delays in the execution of an obligation arising from the present GCS which would be due to the fact of the other party following the occurrence of a case of force majeure.
The case of force majeure suspends the obligations arising from these GCS for the duration of its existence, and neither party may, during this period, validly claim the existence of such a case of force majeure in order to justify the termination of its contractual relationship with the other party. However, if the case of force majeure lasts longer than thirty (30) consecutive days, it shall give rise to the automatic termination of these GCS by either party, eight (8) days after the sending of a registered letter with acknowledgement of receipt notifying this decision.
The Site, as well as the databases, texts, documents, information, images, photographs, graphics, logos, or any other data remain the exclusive property of the SELLER or, where applicable, of their respective owners from whom THE SELLER has obtained the operating authorizations.
THE SELLER remains the owner of all intellectual property rights relating to its registered trademark, as well as all intellectual property rights and copyrights relating to any other distinctive sign belonging to it.
Any reproduction and/or representation, downloading, translation, adaptation, exploitation, distribution, broadcasting and/or communication, in any form whatsoever, whether commercial or not, of all or part of the trademark and/or of an original intellectual work or data contained on the Website is strictly prohibited. The Customer shall also refrain from any action and any act likely to directly or indirectly infringe the SELLER's intellectual property rights.
11.PROTECTION OF PERSONAL DATA
The Customer is informed that the creation of his personal account on the Site as well as his order of Products on the Site gives rise to the collection and automated processing of personal data concerning him by THE SELLER, the use of which is subject to the provisions of the applicable Laws of the Customer’s country.
THE SELLER makes available to the Customer, on its Website, a confidentiality charter specifying all information relating to the use of the Customer's personal data collected by THE SELLER and the rights that the Customer has with regard to this personal data.
THE SELLER uses "cookies" in order to obtain statistical processing of and to improve the Customer's browsing experience.
THE SELLER installs a "cookie" in the Customer's computer with his prior consent. The Customer has the possibility of refusing cookies when visiting the Site. The storage period of this information in the Customer's computer is 13 months.
THE SELLER undertakes never to communicate the content of these "cookies" to third parties, except in the event of legal requisition.
The Customer may, moreover, oppose the recording of cookies by configuring his browser software. To do so, the Customer will configure his browser :
For Internet Explorer: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies
For Safari: https://support.apple.com/fr-fr/ht1677
For Google Chrome: https://support.google.com/chrome/answer/95647?hl=fr&hlrm=en&safe=on
13. HYPERTEXT LINKS
The Site may include hypertext links to other sites. THE SELLER may not, under any circumstances, be held responsible for the technical availability of websites or mobile applications operated by third parties to which the Customer will have access via the Site. In addition, THE SELLER cannot therefore bear any responsibility for the content, advertising, products and services available on or from these sites, mobile applications or external sources.
If, despite the SELLER's efforts, one of the hypertext links present on the Site points to a site or internet source whose content was or appeared to be non-compliant with the requirements of the law, the Customer undertakes to immediately contact the Site's publication director, whose contact details appear in the legal notices published on the Site, in order to inform him/her of the address of the pages of the third-party site in question. THE SELLER will then take the necessary steps to remove the hypertext link concerned.
14. APPLICABLE LAW AND COMPETENT JURISDICTION
The present Terms and Conditions of Sale are governed by American law.In the event of a dispute to which these GCS (or one of their clauses) and/or the relations between the parties may give rise, the Customer may, at his choice, in addition to one of the courts territorially competent, bring the matter before the court of the place where he resided at the time of the conclusion of the contract or the occurrence of the harmful event. The Professional Customer shall refer the matter to the Court in the jurisdiction in which the SELLER has its registered office.
15. CUSTOMER SERVICE
The customer service department of the present Site is accessible by e-mail at the following address: email@example.com or by post at the address indicated in the legal notice.