Definition of the general conditions that are applicable to online sales on the website www.kimya.fr to Purchasers of 3D Printing Products commercialised by the Seller in Metropolitan France, including Corsica.
- Online GCS: these online General Conditions of Sale, which are applicable to orders for Products on the Website.
- Website: the Seller’s retail website kimya.fr.
- Products: products concerning 3D filament spools, as well as all 3D printing products that are commercialised by the Seller in Metropolitan France.
- Purchaser: a customer who is a natural person (i.e. an adult with legal capacity) or a legal person who places an order for Products on the Website.
- Purchaser-Consumer: a Purchaser who is a natural person and who places an order for purposes that are not related to his or her commercial, industrial, artisanal or professional activity.
- Organisations: authorities, public bodies, schools and/or universities
PRE-REQUISITES FOR ONLINE PURCHASES
Creation of an online account
- Connection to the Website and creation of an account online with a username and a confidential password, chosen by the Purchaser, and confirmed by an email from the Seller when the online account is created and saved.
- Connection data is the responsibility of the Purchaser.
Application of the Online GCS
- he Purchaser accepts the Online GCS by placing an order for Products on the Website.
- Solely said Online GCS apply, to the exclusion of all other contractual documents.
- The Seller can amend them at any time.
Specificity of the Organisations
- The Online GCS apply to Organisations when they place an order for Products on the Website.
- The Online GCS do not apply to Organisations when they place an order for Products by means other than the Seller’s Website. In this case: a quote must be requested using an online form on the Website, without, however, placing an order online. As soon as the request is received, the Seller will respond as soon as possible by sending, with the applicable general conditions, a quote accompanied by a purchase order to be filled out, including selection of the payment method. The Products will be dispatched upon acceptance of the purchase order by the Seller, along with the invoice to be settled within 30 days of the invoice date.
Rules on placing orders
- Purchasers must log in to their account on the Website and place Products that are available at the time of the order in the basket;
- The order summary in the basket must be confirmed;
- The invoicing and delivery addresses must be confirmed;
- The Seller’s Online GCS, which can be downloaded in PDF format, must be accepted;
- Purchasers choose which bank card to use for payment when placing orders;
- Online payment is made via a secure page;
- Orders are confirmed by sending a confirmation email that acknowledges receipt of the order and summarises the characteristics of the order, with these GCS attached in PDF format.
- The Seller can refuse, annul or cancel an order in the event of fraud or a dispute concerning the payment of any order.
Maximum number of Products per order
- No order may be placed for more than 15 Products with the same reference.
- For higher volumes: contact the Seller directly via the online contact form on the Website.
Integrated collection service
- Once ten 3D OWA filament spool Products (excluding introductory packs) have been purchased at one or more times, it is possible to request delivery of an empty collection box and the removal of the waste from 3D OWA filament spool Products.
- Collection can be requested for every ten 3D OWA filament spool Products purchased (excluding introductory packs).
- Consult the page “Integrated Collection Service” on the Website for the applicable general conditions of collection, which are separate from these Online GCS.
Characteristics and choice
- The principal characteristics of the Products are stated on the Website in French.
- Photographs and illustrations on the Website are non-contractual.
- The choice and purchase of a Product are the responsibility of the Purchaser.
- Products are listed subject to stock availability (which is not stated on the Website). If a Product is unavailable, the Purchaser will contact the Seller by email to confirm when the Product will become available. If a Product is not available after an order is confirmed or the Purchaser has refused a new availability time, the Seller will reimburse the Purchaser for the amount of the order within a maximum period of 30 days as from payment of the order.
- Prices on the Website are stated in euros, exclusive of tax (“HT”) and including tax (“TTC”), excluding delivery costs.
- Delivery costs are calculated automatically on the basis of the order and indicated as a surcharge.
- Value added tax (VAT) is applied at the rate in force when the order is confirmed.
- The Seller can modify the prices on the Website at any time, until the order is confirmed.
- Payment is made online by bank card, on the spot, for the full amount once the order is confirmed.
- Invoices can be downloaded from the online account.
- Metropolitan France, including Corsica.
- By carrier to the address and name stated by the Purchaser on the Website when placing the order.
- The Seller is not liable in the event of an error, a late delivery or a failed delivery due to vague and/or inaccurate address information provided by the Purchaser, which is attributable to the Purchaser (absence, failure to answer the carrier, etc.) or to a third-party service provider (the carrier) or to a case of force majeure.
Orders placed on business days, Monday through Friday, before midday
- delivery within 48 hours (business days).
Orders placed on business days, Monday through Friday, in the afternoon
- delivery within 72 hours (business days).
An email is sent to the Purchaser when the Products are dispatched.
Deliveries that are delayed
By less than 7 days
- An email is sent to the Purchaser to propose a new delivery date.
- If the Purchaser refuses: the amount of the order is reimbursed within 14 days of the Seller receiving the Purchaser’s refusal.
By more than 7 days
- An email is sent to the Purchaser to cancel the order.
- The amount of the order is reimbursed within 14 days of receipt of the Seller’s email.
Absence during a delivery attempt
- The carrier will leave a delivery advice note asking the Purchaser or the addressee to contact the carrier in order to agree on a new delivery date.
- If there is no response within 7 days of the carrier’s delivery advice note being left, the order is cancelled and the Purchaser reimbursed for the order amount, less the delivery costs, which are retained by the Seller.
- The aforementioned provisions shall apply notwithstanding the possibility for the Purchaser-Consumer to avail himself or herself of the provisions of Article L.216-2 of the French Consumer Code (breach of its delivery obligation by a professional).
For all Product returns
Products must be returned to the Seller:
- in good condition,
- in their original packaging,
- with all their documentation,
- shrink-wrapped (with the exception of defective Products); this packing method guarantees the intrinsic quality of the Products and ensures that they can be stored under conditions that will enable the Seller to re-sell them.
If Products are returned in poor condition
No exchanges or refunds will be possible.
ARMOR SAS, Service 3D OWA retour Produits, 20 rue Chevreul, CS 90508, 44105 Nantes Cedex 4.
PURCHASER-CONSUMER’S RIGHT OF WITHDRAWAL
14 days as from receipt of the Products by the Purchaser-Consumer or a third party designated by him/her, other than the carrier.
Calculation of the time-limit
- If the time-limit expires on a Saturday, a Sunday or a public holiday or non-working day, the time-limit is extended until the first subsequent business day.
- The day on which the Product is received is not included in the time-limit.
- The time-limit starts to run at the start of the first hour of the first day and expires at the end of the last hour on the last day of the time-limit.
- If an order concerns several Products that are delivered separately, for which the delivery is spread over a defined period: the time-limit runs as from receipt of the last Product.
Exercise of the right
Notice of withdrawal by the Purchaser-Consumer
- By an unambiguous declaration written by the Purchaser-Consumer, or
- By a withdrawal form appended to the end of the Online GCS.
Terms of notice to the Seller
- Either, by sending notice via email to: firstname.lastname@example.org. The Seller will immediately acknowledge receipt of the withdrawal.
- Or, by sending notice via registered letter with return receipt to: ARMOR SAS, Service client 3D OWA, 20 rue Chevreul, CS 90508, 44105 Nantes Cedex 4.
- Products must be returned as per the conditions stated in the “PRODUCT RETURNS” box above.
- Products must be returned promptly and at the latest within 14 days of notice of the withdrawal decision.
- Return costs (Colissimo rate) are paid by the Purchaser-Consumer.
- he Seller will reimburse the amount of the Products for which the right of withdrawal was exercised.
- The reimbursement includes the costs of delivery of the initial shipment to the Purchaser-Consumer (with the exception of any additional costs that result from selecting a method of delivery other than the standard method).
- Reimbursement will be issued at the latest on the date the Products are returned to the Seller or the date on which the Purchaser-Consumer provides proof of having dispatched the Products to the Seller (whichever date occurs first).
For all non-compliant or defective Products, the Purchaser shall benefit from the warranties described below, independently of the right of withdrawal mentioned in the above box.
- The Seller makes a two-year commitment following delivery, after an expert appraisal by its technical department, to exchange any Product that has first been diagnosed as defective, free of charge, subject to normal use and appropriate storage conditions.
- Territorial scope of application: Metropolitan France, including Corsica.
- Warranty provided by: ARMOR SAS, 20 rue Chevreul, CS 90508, 44105 Nantes Cedex 4.
- The Seller shall remain bound by the statutory warranties mentioned below.
Specificity for Purchaser-Consumers
- Application of Article L.217-16 of the French Consumer Code:
“When the purchaser asks the seller, during the period of the commercial warranty that was granted to the purchaser when movable property was acquired or repaired, for refurbishment that is covered by the warranty, any period during which the property cannot be used of at least seven days shall be added to the remaining duration of the warranty.
Said period shall start to run as from the request for action by the purchaser or the handing over of the property for repair, if this is after the request for action.”
- The Purchaser must call the hotline: 00 800 4038 4000.
Defective Product exchanges
- The Seller will exchange the defective Product for an identical Product within the limit of available stock.
- The Seller will ship an identical Product to the same delivery address as that stipulated in the initial order.
Unavailability of an identical Product
- Either, the Purchaser will be reimbursed for the price of the Product within 7 days of the Purchaser contacting the hotline;
- Or, the Product will be replaced with an equivalent Product, subject to the Purchaser’s agreement.
- Absent an agreement: reimbursement within 7 days of the refusal.
- In the event of an agreement: an equivalent Product will be shipped within 7 days of the agreement.
Return of defective Products
- Solely at the request of the Seller for analysis.
- In this case: the Seller will send pre-paid postage with the identical replacement Product. The pre-paid postage means that the Seller can return the defective Product with no additional shipping charges.
- The Purchaser must return the defective Product within 7 days of receipt of the pre-paid postage.
- Defective Products must be returned under the conditions stated in the “PRODUCT RETURNS” box above.
Independently of the commercial warranty mentioned above, all Purchasers benefit from an ordinary statutory warranty for all latent defects that affect a Product and make it unsuitable for its intended use (Articles 1641 to 1648 of the French Civil Code).
- Article 1641 of the French Civil Code:
“The seller is bound by a warranty against latent defects in the item sold that render it unfit for its intended use, or that so impair its use that the purchaser would not have bought it, or would only have given a lesser price for it if he had known of the defects.”
- Article 1648 §1 of the French Civil Code:
“An action on the grounds of critical defects must be brought by the purchaser within two years of discovery of the defect.”
Specificity pour Purchaser-Consumers
Purchaser-Consumers also benefit from a statutory compliance warranty for the Products delivered, in accordance with Articles L.217-4 to L.217-12 of the French Consumer Code.
- Article L.217-4 of the French Consumer Code:
“The seller shall deliver a good that complies with the contract and shall be liable for compliance defects that exist when the good is handed over.
The seller shall also be liable for any compliance defects that result from the packaging, assembly instructions or installation if the seller was responsible for installation pursuant to the contract or was carried out under its responsibility.”
- Article L.217-5 of the French Consumer Code:
“The good complies with the contract:
1) If it is suitable for the habitual use that is expected of a similar product and, as applicable:
– if it corresponds to the description given by the seller and has the qualities that the seller presented to the purchaser in the form of a sample or model;
– if it has the qualities that a purchaser can legitimately expect given the declarations made by the seller, by the manufacturer or by its representative, in particular in the advertising or labelling;
2) Or if it has the characteristics defined by a mutual agreement by the parties or is suitable for any specific use required by the purchaser, which was brought to the attention of the seller and that the seller accepted.”
- Article L.217-12 of the French Consumer Code:
“Actions that result from a compliance defect are time-barred two years after the good is handed over.”
- The Purchaser must call the hotline: 00 800 4038 4000.
- The Purchaser must provide a detailed explanation of the non-compliance of the Product and the statutory warranty cited.
For all Purchasers
Action for latent defects
Implementation of Articles 1641 to 1649 of the French Civil Code.
Specificity for Purchaser-Consumers
Action on grounds of non-compliant Products
- Implementation of Articles 217-9 and L.217-10 of the French Consumer Code and possibility of requesting, in particular:
- That the non-compliant Product be replaced with an identical Product, subject to available stock. The Seller will send the replacement Product to the same delivery address stipulated in the initial order, at no additional cost to the Purchaser-Consumer; or
- That the non-compliant Product be repaired.
- The Seller may not agree to the Purchaser-Consumer’s choice of replacement or repair if this causes a clearly disproportionate cost compared to the alternative, given the value of the Product or the extent of the defect. In this case, the Seller will proceed according to the alternative not initially chosen by the Purchaser-Consumer.
- If the replacement or repair cannot be arranged within one month of the Purchaser-Consumer’s claim or if this presents a major drawback for the Purchaser-Consumer given the nature of the Product and the Purchaser-Consumer’s intended use thereof, the Purchaser-Consumer may return the Product and request the reimbursement thereof.
- In any event: the Seller is not liable for the use of Products under abnormal conditions of use, in the event of modifications, repairs, integration or any other action performed on the Products by any person or entity other than the Seller, and subject to the Products being stored appropriately (away from sources of humidity and light, and at room temperature).
- There is a warranty exclusion for defects and damage caused by natural wear and tear.
- In the event of purchase by non-Purchaser-Consumers: the Seller is not liable for any consequential loss caused by the Products.
- Consequential loss = loss of revenue, operating losses, commercial loss, loss of clientele, loss of orders, loss of earnings and damage to brand image (non-exhaustive list).
Intellectual property (“IP”)
- The trademarks ARMOR, OWA, Kimya, the domain names, names of ranges and patents are protected in France and in certain foreign countries by the Seller and/or its subsidiaries.
- The Seller’s proprietary trademarks provide assurance of the quality of the Products commercialised by the Seller.
- The software, systems, structures, infrastructures, databases and content (texts, images, graphics, logo, trademarks, etc.) that the Seller uses on the Website are protected by IP rights. All reproduction, public display, dissemination and use of any one whatsoever of these elements, including by disassembling, reverse engineering, decoding, extraction, downloading, re-use and copying in whole or in part, without the Seller’s authorisation, are strictly prohibited, under penalty of legal action. The Seller does not provide any warranty in the event of the use of these elements by the Purchaser and in the event of a claim against the Purchaser.
- In accordance with French Law (Data Protection Act) no. 78-17 of 6 January 1978, as amended, the Purchaser is informed that personal or private data identified as such is obligatorily collected when creating an online account and for placing an order, which is necessary for complying with these Online GCS and filling the order.
- The Purchaser benefits from a right to access, correct and refuse the holding of such data, which s/he may exercise by sending a letter to the Seller at the postal address stated at the head of the Online GCS.
- French law is applicable.
- An amicable agreement must be sought with the Armor in-house conciliator (email@example.com).
- If this fails:
- Actions by non-consumer Purchasers must be brought before the Nantes Commercial Court, which has exclusive jurisdiction, notwithstanding multiple defendants or third party notices, even in the event of urgent proceedings.
- Purchaser-Consumers have the possibility of going before the consumer affairs conciliator MEDICYS, 73 boulevard de Clichy, 75009 Paris, firstname.lastname@example.org, website: http://www.medicys.fr.
Purchaser-Consumers can, however, and at any time, go before the French court at the proper venue, without first having to go before a consumer affairs conciliator.