KIMYA SAS GENERAL TERMS AND CONDITIONS FOR ONLINE SALE
- Purpose and applicability of the online General Terms and Conditions (GTC)
These general terms and conditions are applicable to online sales via the www.kimya.fr website (hereinafter referred to as the “Website”) for Buyers of 3D printing Products marketed by the Seller in Metropolitan France, including Corsica (hereinafter referred to as the “Online GTC“).
The online GTC may be modified at any time by the Seller. The fact that the Buyer places an order for Products on the Website implies full and complete acceptance of the online GTC. The Seller and the Buyer shall only be bound by the online GTC for any order of Products on the Website, to the exclusion of any other contractual document.
The online GTC also apply to local authorities, public bodies, schools and/or universities (hereinafter referred to as the “Local Authorities“) when they place an order for items online via the Website as Buyers.
However, the online GTC do not apply to the Local Authorities when they place an order for Products that are not from the Seller’s Website. In such cases, they may send a request for a quote to the Seller via an online form on the Website, without actually placing an order online. Once received, the Seller shall respond as soon as possible by sending, along with the applicable general terms and conditions, a quotation accompanied by an order form to be filled in, indicating the method of payment. The Products are shipped once the order form has been validated by the Seller, along with the invoice to be paid within thirty (30) days from the invoice date.
- Identity of the “Seller”
KIMYA, an ARMOR Group company
Société par actions simplifiée (a French limited company)
Share capital: 3,165,439 euros
Nantes Trades and Companies Registry (RCS) no. 892 311 887
VAT number: FR 95 892 311 887
Address of registered office: 20 rue Chevreul, 44100 Nantes, FRANCE – postal address: 20 rue Chevreul, CS 90508, FR 44105 NANTES CEDEX 4, FRANCE
Site address: 1 rue des prairies, 44840 Les Sorinières, FRANCE
PHONE NUMBER: +33 (0)2 40 38 40 00 – EMAIL: [email protected]fr
The products sold on the Website are products relating to 3D filament spools as well as all products relating to 3D printing marketed by the Seller in Metropolitan France, including Corsica (hereinafter referred to as “the Products“). Their main properties are presented in French on the Website. The choice and purchase of a Product is the responsibility of the Buyer. The photographs and illustrations presented on the Website are not contractual.
- Definitions of Buyer and Consumer-Buyer
A “Buyer” is any natural person (of legal age and capable) or legal entity placing an order for Products on the Website.
A “Consumer-Buyer” is any non-professional Buyer, i.e. any natural person (of legal age and capable) or legal entity placing an order for purposes which do not enter the framework of its commercial, industrial, craft or liberal activity.
- Create an online account
To purchase the Products, the Buyer has to connect to the Website and create an online account by entering an ID and a confidential password of their choice, which is confirmed by email sent by the Seller when the online account is created and registered. The Buyer is solely responsible of their connection data which they must keep confidential.
- Ordering, Product availability, pricing
a) How to place an order for Products online:
The Buyer has first to connect to his online account on the Website with his connection data, and select the Products available on the Website at the time of the order to add them to the basket.
The Buyer must then confirm their order after having validated the order summary in the basket, confirm their billing and shipping details, and accept the online GTC of the Seller (downloadable in PDF format).
The Buyer must choose the method of payment by credit card for the order before proceeding to the online payment in full via a secure page. The invoice is downloadable from the Buyer’s online account.
The Buyer will then receive an order confirmation by email acknowledging receipt and listing the details of the order, with an attachment of the online GTC in PDF format.
The Seller reserves the right to refuse, invalidate or cancel any order in case of fraud or dispute relating to the payment of any order.
b) Maximum number of Products per order:
Any order can only include a maximum of fifteen (15) Products of the same reference.
For greater quantities, the Buyer is advised to contact the Seller directly by filling out the online contact form on the Website.
6.2. Product availability
The Products are displayed as being subject to the status of available stocks, which are not mentioned on the Website. In case of unavailability of a Product, the Seller will contact the Buyer by email as soon as possible to confirm the availability time. In the absence of availability after validation of the order or refusal of a new deadline by the Buyer, the Seller will reimburse the Buyer the amount of the order within a maximum of thirty (30) days from the payment of the order.
The prices indicated on the Website are mentioned in euros, excluding tax (“Excl. Tax”) and all taxes included (“Incl. Tax”), without delivery costs. These delivery costs are automatically calculated according to the order and are mentioned subsequently. The value added tax (“VAT“) is applied at the current rate applicable at the time of the validation of the order. Prices can be modified at any moment by the Seller on the Website up until confirmation of the order.
Products can be delivered in Metropolitan France, including Corsica, by carrier to the address and name indicated by the Buyer on the Website at the time of the order. The Seller declines all responsibility in the event of error, delay or any delivery prevented as a result of imprecise and/or erroneous contact details on the part of the Buyer, an event attributable to the Buyer (absence, failure to reply to the carrier, etc.) or to a third party service provider (carrier) or to a case of force majeure.
The delivery is carried out within the following times:
Orders placed on working days, from Monday to Friday, before noon: delivery within 48 hours (working days);
Orders placed on working days, from Monday to Friday, in the afternoon: delivery within 72 hours (working days).
An email is sent to the Buyer when the Products are shipped.
In the event of a delay in delivery of less than seven (7) days, the Seller shall send the Buyer an email proposing a new delivery date. In case of refusal by the Buyer, the Buyer shall be reimbursed the amount of his order within fourteen (14) days following the receipt by the Seller of the Buyer’s refusal.
In the event of a delay in delivery of more than seven (7) days, the Seller shall send the Buyer an email indicating that the order is cancelled. The Buyer is then reimbursed the amount of his order within fourteen (14) days following the reception of the email from the Seller.
In case of absence of the Buyer or the recipient of the delivery during the passage of the carrier, the latter leaves a notice inviting the Buyer or the recipient to contact him to agree on a new delivery date. In the event of no response within seven (7) days of the carrier’s notice, the order shall be cancelled and the amount thereof shall be refunded to Buyer, after deduction of delivery charges which shall remain the Seller’s responsibility.
The Consumer-Buyer also has the possibility of relying on the provisions of Article L. 216-6 of the Consumer Code (failure of the professional to fulfill his obligation to deliver).
- Product returns
For any returns for whatever reason, the Products must be sent back to the Seller in good condition, in their original package with all of the documentation and in a vacuum (except for faulty Products), this packaging ensuring the inherent quality of the Products and their preservation in conditions allowing their re-marketing by the Seller. Otherwise, no exchange or refund will be possible. The products are to be sent to the following address: KIMYA SAS, retour Produits, 1 rue des prairies, 44840 les Sorinières, France.
- Right of withdrawal of the Consumer-Buyer
The Consumer-Buyer benefits from a legal right of withdrawal of fourteen (14) days from the date of receipt of the Products by the Consumer-Buyer or a third party designated by them, other than the carrier.
If the aforementioned period expires on a Saturday, Sunday, bank holiday or non-working day, it shall be extended until the next working day.
The day of receipt of the Product is not counted in the above-mentioned period.
The period begins at the beginning of the first hour of the first day and ends at the expiration of the last hour of the last day of the period.
In the case of an order for several Products delivered separately, the delivery of which is spread out over a defined period, the time limit begins from the receipt of the last Product.
The exercising the right of withdrawal by the Consumer-Buyer shall be made by means of a free, unambiguous statement, or by means of the withdrawal form attached at the end of the online GTC. This withdrawal must be notified to the Seller:
Either by e-mail to the following address: [email protected]fr (in this case, the Seller will send an acknowledgement of receipt of the withdrawal by email to the Consumer-Buyer without delay),
Or by registered mail with acknowledgement of receipt to the following address: Société KIMYA SAS, Service client, 1 rue des prairies, 44840 Les Sorinières, FRANCE.
In case of withdrawal:
The Consumer-Buyer shall return the Products to the Seller without undue delay and at the latest within fourteen (14) days following the communication of their decision to withdraw. The return costs (parcel rate) are the responsibility of the Consumer-Buyer. Products must be returned to the Seller in accordance with the conditions set forth in Section 8 “Return of Products” above.
The Seller shall reimburse the Consumer-Buyer for the amount of the Products which were the subject of the right of withdrawal, including the costs of delivery of the initial shipment to the Consumer-Buyer (except for additional costs resulting from a choice of a delivery method other than the standard one). The refund shall be made no later than the day on which the Products are returned to the Seller, or the day on which the Consumer-Buyer has provided a proof of shipment of the Products to the Seller, the date chosen being that of the first of these events.
- Guarantees and Implementation procedures
For any non-conforming or defective Product, the Buyer has the following guarantees (independently of the right of withdrawal mentioned in Section 9 “Consumer-Buyer’s right of withdrawal” above):
10.1. The Seller’s commercial guarantee
Independently of the legal guarantees mentioned in Section 10.2. The “legal guarantees” below from which the Buyer benefits and to which the Seller remains bound, the Seller also undertakes by way of commercial guarantee for two (2) years from the delivery, after expertise by their technical service, to exchange free of charge any Product previously diagnosed as defective, subject to normal use and appropriate storage conditions. This guarantee applies in Metropolitan France, including Corsica. The guarantor is the Seller: KIMYA SAS, 20 rue Chevreul, CS 90508, 44105 Nantes Cedex 4.
The Buyer can contact the Seller by calling the hotline on 0800 4038 4000.
The Seller will exchange the Product for an identical one, subject to availability. The identical Product is sent by the Seller to the Buyer to the same delivery address given in the initial order.
If a Product identical to the defective Product is no longer available in stock with the Seller, the Seller can either decide:
– To refund the Buyer the price of the Product within seven (7) days of the date of contact with the hotline by the Buyer;
– Or replace the Product with an equivalent Product subject to the Buyer’s agreement. If no agreement is reached, the refund will be made within seven (7) days of the Buyer’s refusal. If agreed, the equivalent Product shall be sent within the same period and the Seller shall indicate in the same way as described above whether they wish to have the defective Product returned.
The Seller shall, if they wish, request the Buyer to return the defective Product to them for examination within seven (7) working days of receipt of the Seller’s request for return. The cost of returning the Products to the Seller shall be reimbursed upon presentation of proof of receipt of the defective Products by the Seller or receipt of proof of shipment of the defective Products to the Seller. The Product is sent to the Buyer in accordance with the conditions set forth in Section 8 “Return of Products” above.
10.2. The legal guarantee against hidden defects and the legal guarantee of conformity
Independently of the commercial guarantee mentioned in Section 10.1. In addition to “The commercial guarantee” above, every Buyer benefits from a legal guarantee under common law for any hidden defect affecting a Product and making it unfit for use (Articles 1641 to 1648 of the Civil Code).
Furthermore, the Consumer-Buyer also benefits from a legal guarantee of conformity for delivered Products (Articles L. 217-3 to L. 217-17 of the Consumer Code).
b) Content of the legal guarantee of conformity:
- The guarantee assumes cumulatively:
– that a Product does not comply with (i) the contract in accordance with the criteria set out in Article L. 217-4 of the Code of consumption and (ii) the criteria set out in Article L. 217-5 of the Code of consumption, and
– that the lack of conformity exists at the delivery date and appears within two (2) years following delivery.
The guarantee also applies, in the same period, in the event of a lack of conformity resulting from the packaging.
The Consumer-Buyer has a limitation period of five (5) years running from the day the Consumer-Buyer became aware or should have become aware of the lack of conformity. The Consumer-Buyer does not have to provide proof of the lack of conformity that appeared within twenty-four (24) months following delivery.
The Consumer-Buyer can contact the Seller by calling the hotline on 0800 4038 4000. They shall inform them in detail of the non-conformity of the Product concerned and of the legal guarantee invoked.
As the Products of the Seller cannot be repaired, the Consumer-Buyer can ask that the Product be made compliant by replacing the non-compliant Product by an identical one, subject to available stock.
The replacement Product is sent by the Seller to the same delivery address given in the initial order, without any additional costs for the Consumer-Buyer.
However, the Seller may:
– not proceed according to the choice of the Consumer-Buyer if compliance is impossible or if that choice entails costs that are manifestly disproportionate to the value that the Product would have had in the absence of the lack of conformity, to the importance of the lack of conformity and to the potential possibility of opting for the other choice without major inconvenience to the Consumer-Buyer.
– refuse to bring the Product into conformity if it is impossible or if the costs involved are manifestly disproportionate to (i) the value that the Product would have had in the absence of the lack of conformity and (ii) the significance of the defect.
In that case, the Seller must notify their decision in writing on a durable medium to the Consumer-Buyer.
If the replacement cannot be implemented within thirty (30) days of the complaint, the Consumer-Buyer shall return the Product to the Seller without any additional delivery costs in the same manner as the commercial guarantee mentioned above in order to obtain a refund.
d) How to exercise the right to a reduction of the Product price or to cancel the contract:
The Consumer-Buyer is entitled to a reduction of the Product price or to cancel the contract in the following cases:
– When the Seller refuses to replace a non-conforming Product;
– Where compliance is achieved after a period of thirty (30) days following the complaint of the Consumer-Buyer or if it causes them a major inconvenience;
– If the Consumer-Buyer definitively bears the costs of taking back or collecting the non-conforming Product;
– When the non-conformity of the Product persists despite the Seller’s unsuccessful attempt to bring it into conformity.
The Consumer-Buyer is not entitled to rescind the sale if the lack of conformity is minor.
The Consumer-Buyer’s decision to cancel the contract must be notified to the Seller by e-mail to the following address: [email protected]fr (in this case, the Seller will send the Consumer-Buyer an acknowledgement of receipt by e-mail immediately), or by registered mail with acknowledgement of receipt to the following address: Société KIMYA SAS, Service client, 1 rue des prairies 44840 les Sorinières, France.
If the lack of conformity relates only to some of the Products delivered under the contract, the Consumer-Buyer may request cancellation of the contract in respect of all the Products if he cannot reasonably be expected to keep only the conforming goods.
The Consumer-Buyer shall return the Products to the Seller without undue delay and at the latest within thirty (30) days following the communication of their decision to withdraw. The return costs (parcel rate) are the responsibility of the Seller. Products must be returned to the Seller in accordance with the conditions set forth in Section 8 “Return of Products” above.
If the request for a refund complies with the above conditions and subject to the return of the Products, if requested by the Seller, the Seller shall refund to the Consumer-Buyer the amount of the Products which were the subject of the resolution, including the cost of delivery of the initial shipment to the Consumer-Buyer (excluding additional costs arising from a choice of delivery method other than standard) and the cost of returning the Products to the Seller, if applicable. The refund shall be made at the latest within fourteen (14) days following receipt of the Products by the Seller or receipt of the proof of shipment of the Products to the Seller. It shall take place free of charge for the Buyer with the same means of payment as the one used by the Buyer, unless the latter expressly agrees.
10.3. Provisions that are common to the commercial guarantee and to the legal guarantee of conformity (Articles L. 217-28 et seq. of the Consumer Code)
a) Suspension of commercial and legal guarantee periods:
When the Consumer-Buyer asks the Seller, during the course of the legal or commercial guarantee granted to him at the time of the purchase or repair of a Product, for a repair covered by this guarantee, any period of delay suspends the guarantee that remained until the delivery of the repaired Product. This period shall run from the date of the Consumer-Buyer’s request for intervention or from the time the Product in question is made available for repair or replacement, if this starting point is more convenient for the Consumer-Buyer. The guarantee period is also suspended if the Consumer-Buyer and the guarantor enter into negotiations for an amicable settlement.
b) Transfer of legal and commercial guarantees to the sub-purchaser:
In the event that the Consumer-Buyer transfers or sells the Product to another consumer for payment or free of charge, the sub-purchaser shall benefit from the rights acquired by the original Consumer-Buyer, relating to the legal guarantee of conformity vis-à-vis the Seller.
c) Preservation of the Consumer-Buyer’s right to invoke the legal guarantee against hidden defects:
In addition to the legal guarantees of conformity and commercial guarantees mentioned below, any Buyer benefits from a legal guarantee under common law for any hidden defect affecting a Product within a period of two (2) years from the discovery of the defect and rendering it unfit for use (Articles 1641 to 1648 of the Civil Code). This guarantee presupposes a hidden defect in the Product which makes it unfit for use or which reduces its use to such an extent that the Buyer would not have purchased it or would have paid a lower price for it if he had known about it.
d) Consequence of the Product’s restriction of use due to the infringement of third party rights (e.g. intellectual property rights):
When a restriction arising from the violation of the rights of any third party, in particular intellectual property rights, prevents or limits the use of the good in accordance with the provisions of Articles L. 217-4 and L. 217-5 of the Consumer Code, the nullity of the contract or any other action of a contractual or extra-contractual nature may be incurred by application of the provisions of the civil code.
In any case, the Seller shall not be held liable in case of abnormal conditions of use of the Products, in case of modification, repair, integration or any other action carried out on the Products by any person other than the Seller, and subject to compliance with the appropriate storage conditions of the Products (away from humidity, light and at room temperature) Faults and deterioration arising from standard usage wear and tear are excluded from the guarantee.
In case of purchase by non-consumer Buyers, the Seller shall not be liable for any indirect damage caused by the Products. Indirect damages include, but are not limited to, loss of sales, operating loss, commercial loss, loss of clientele, loss of orders, loss of earnings, damage to brand image.
- Intellectual Property
The KIMYA, ARMOR, OWA, OWA3D brands, domain names, range names and patents are protected in France and in some foreign countries. The brands are a guarantee of the quality of the Products marketed by the Seller.
The software, systems, structures, infrastructures, databases and content (texts, images, visuals, logos, brands, etc.) implemented by the Seller on the Website are protected by the intellectual property rights in force.
Any reproduction, representation, distribution and use of any of these elements, including disassembling, de-compiling, decrypting, extracting, downloading, reusing, copying, in whole or in part, without the authorization of the Seller are strictly prohibited, under penalty of legal action.
No guarantee is given to the Purchasers with regard to the claims that could be made by third parties against them concerning the use made by them of the elements mentioned above.
- Personal Data
The Buyer is informed that the nominative or personal data marked as mandatory, collected in the context of the creation of an online account and the placing of an order, are necessary for the execution of the online GTC and the order.
The Buyer benefits from a right of access, rectification and opposition, portability and deletion of personal data or to request a limitation of their processing that he/she can exercise by writing to the Seller’s DPO at the Seller’s head office address listed in Section 2 “Identity of the “Seller”” above or by email: [email protected].
This personal data is processed by the Seller in accordance with the Personal Data Protection Policy available on the Website.
- Force majeure
The Seller shall not be liable for any delay in the execution or non-execution of all or part of its obligations due to force majeure as defined in Article 1218 of the French Civil Code and case law. The Seller will inform the Buyer as soon as possible. If the situation remains unresolved for more than thirty (30) days, the Seller may give written notice of termination of the order, without compensation or notice.
- Unforeseen circumstances
The Seller and the Buyer expressly waive the application of the provisions of Article 1195 of the Civil Code relating to unforeseen circumstances. In the event that a change in circumstances unforeseeable at the time the order was placed renders its execution excessively onerous for the Seller when it had not agreed to assume the risk, the Seller and the Buyer agree to renegotiate the terms of the order. If renegotiation fails within thirty (30) days, the order may be terminated by the Seller as a matter of right, without compensation or notice.
- Dispute Regulation
The online GTC are subject to French law.
If the Buyer and/or the Seller encounter a dispute during the course of their contractual relationship, they agree to make every effort to reach an amicable agreement with the support of KIMYA’s in-house mediator ([email protected]).
Should ARMOR’s in-house mediation fail within thirty (30) days of the initial written proposal by the more diligent Party to meet:
Any action by the non-consumer Buyer shall be brought before the Commercial Court of Nantes, which shall have exclusive jurisdiction, notwithstanding multiple defendants or guarantee claims, even in the case of summary proceedings.
The Consumer-Buyer may also refer to the Médicys consumer mediator, 73 boulevard de Clichy, 75009 Paris, France, [email protected], website: www.medicys.fr. However, he/she may at any time refer the matter to the competent French court to resolve the dispute without having to go through consumer mediation.