GENERAL TERMS OF SALES
1. GÉNÉRALS PROVISIONS
1.1. 1.1 Scope of application of the GTS
These General Conditions of Sale (hereinafter “GTS”) govern and apply without restriction to the relationship between the company KEYENA (hereinafter “KEYENA”), a simplified joint stock company with a single shareholder with a capital of € 10,600, registered in the Lyon Trade and Companies Register under No. B 880 214 051, whose registered office is located at 320, route de Genas – BRON (69500), FRANCE, and any purchaser with the status of consumer, namely any individual placing an order for products on the online sales area of the site https://keyena. com/ (hereinafter “the Site”) who is acting for purposes that do not fall within the scope of his or her commercial, industrial, craft or professional activity (hereinafter “the Customer”) and constitute, together with the online order, the contractual documents binding on the Parties.
KEYENA offers for sale on the Site various accessories, equipment and other products intended for the practice of sport (hereinafter “the Products”).
It is specified that the purchase of Products for resale by the Customer is not permitted.
The GTS are exclusively applicable to Products delivered to consumers established in the countries listed in article 9.1.
The GTS are written in English, as well as all the contractual information mentioned on the Site.
In the context of these GTS, the Customer and KEYENA are individually referred to as “the Party” and collectively referred to as “the Parties”.
1.2. 1.2 Availability-Enforceability-Invalidity of the GTS
The GTS are made available to the Customer on the Site where they can be directly consulted by clicking on the “GTS” tab accessible on all pages of the Site.
The GTC are opposable to the Customer who acknowledges, by checking the box provided for this purpose, having been informed of them and having accepted them before placing an order.
Validation of the order by its confirmation means that the Customer agrees to the GTS in force on the day of the order, which KEYENA is responsible for keeping and reproducing in accordance with Article 1127-1 of the Civil Code.
KEYENA nevertheless recommends that the Customer save and/or print these GTS for safe and durable storage, and thus be able to invoke them at any time during the execution of the contract.
KEYENA reserves the right to adapt or modify these GTS at any time. In all cases, the applicable GTS shall be those in force on the date of the order. A dated copy of these GTS can be given to the Customer at his request.
The Products offered for sale are those listed on the Site on the day of its consultation by the Customer, subject to their availability.
The Products comply with the requirements of French law in force at the time they are placed on the market.
The Customer is required to consult the description of each Product on the Site in order to know its essential characteristics within the meaning of Article L. 111-1 of the Consumer Code.
The Products are offered and delivered within the limits of available stocks.
In case of unavailability of the Product ordered, KEYENA immediately informs the Customer by e-mail to the address he has provided, and may offer him a Product of equivalent quality and price, or, failing that, a voucher for the amount of the order usable for any future order.
If the Customer does not agree, KEYENA will refund the sums paid within a maximum of thirty (30) days.
2.3. Pre-order campaign
Some products are offered to the Customer on pre-order.
The Customer is advised that production of the Product(s) offered on pre-order has not begun or is in progress at the time of the pre-order.
If the Products that have been pre-ordered cannot be delivered within the time limit set, the Customer is notified by e-mail that KEYENA will cancel the pre-order and refund the full amount, including costs, within a maximum of thirty (30) working days.
The online sales offers presented on the Site are valid, in the absence of any indication of a particular duration, as long as the Products are on the Site and within the limits of available stocks.
Acceptance of the offer by the Customer is validated, in accordance with the double-click process, by the confirmation of the order.
4. CUSTOMER ACCOUNT
The Customer can create a Customer account to place orders and track them on the Site.
The creation of a Customer account can be done :
either during the order process when the order is validated,
or beforehand by clicking on the tab “My account” which appears on all pages of the Site, then “Register”.
To create an account, the Customer must provide a valid e-mail address and determine a password.
In addition to the information required to create their account, the Customer can complete their profile via the “My Account” section, by entering their first and last names.
KEYENA recommends the choice of a password of at least twelve (12) characters and including both upper and lower case letters, numbers and special characters.
KEYENA requires the choice of a password of at least twelve (12) characters and including at least four (4) of the following types of characters: upper case letters, lower case letters, numbers and special characters.
The Customer expressly agrees not to provide false information and not to create an account in the name of a third party.
The Customer will then receive an e-mail confirming the creation of his customer account at the e-mail address he has provided.
The Customer will then have permanent and secure access to his or her Customer account by means of the identifier entered in the confirmation e-mail and the chosen password.
The identifier and password are strictly personal and confidential. The Customer undertakes to keep them secret and not to disclose them in any way or form whatsoever to third parties.
Any change in the information communicated by the Customer shall give rise to an online update taking effect on the first working day following said update.
The Customer can access the content of the pre-orders / orders made at any time by logging into his Customer account using his login (included in his registration confirmation email) and password.
5.1. Pre-order registration
5.2. Pre-order validation
The Customer confirms and validates his pre-order by clicking on the button “Confirm order and proceed to payment”. The pre-order validated and received by KEYENA is final.
Upon registration of the pre-order, an acknowledgement of receipt thereof is sent to the e-mail address that the Customer will have provided when creating his or her Customer account or when registering the pre-order.
In addition to the amount invoiced and the Products pre-ordered, the acknowledgement of receipt will indicate to the Customer :
That he/she will have the possibility to choose a new design within a certain period of time;
The delivery time of his pre-order.
This acknowledgement of receipt will validate the transaction. It also contains a link to the present GTS. The Customer accepts that the registration systems of the pre-order are valid as proof of the purchase and its date. An invoice is issued to the Customer and is also sent to the e-mail address that the Customer will have given when creating his Customer account.
The Customer is responsible for keeping the acknowledgement of receipt, the invoice and the applicable GTS. KEYENA shall not be liable for any loss.
5.3. Pre-order refusal
The Customer cancels the order under the conditions defined in the same article.
5.4. Production launch
Following the validation or modification of the design of the Products, an acknowledgement of receipt is sent to the e-mail address provided by the Customer. This acknowledgement of receipt specifies the amount invoiced and the Products ordered; it replaces any acknowledgement of receipt previously received and validates the transaction. It also contains a link to the present GTS. The Customer accepts that the order registration systems are proof of the purchase and its date. An invoice is issued to the Customer and is also sent to the e-mail address that the Customer provided when creating his Customer account.
The Customer is responsible for keeping the acknowledgement of receipt, the invoice and the applicable GTS. KEYENA shall not be liable for any loss.
6.1. Order registration
The Customer who wishes to place an order on the Site selects the Product(s) of his/her choice and adds them to his/her virtual basket by clicking on “Buy” or “Add to basket”.
At any time, the Customer can :
By clicking on the “Shopping Cart” icon representing his virtual cart, check the type and quantity of Product(s) included in his cart, obtain detailed information on said Product(s), delete one or more Product(s) from his selection, or empty the entire cart by clicking on the “Empty Cart” tab;
Continue shopping by clicking on the “Shop” tab;
Complete your order by clicking on the “Buy” or “Checkout” tab.
After clicking on the “Buy” or “Checkout” tab, the Customer can identify himself by entering his login and password if he has a Customer account.
Otherwise, the Customer is invited to enter a billing address, a delivery address and an e-mail address.
Customer may choose to create a Customer account at the time of order placement by checking the “Create Account” box.
[Ideally, the order registration should proceed as follows]
The Customer is then invited to choose the payment method.
The Customer then accesses the order summary. On this page, the Customer can modify the information entered.
The summary order form displays :
The billing address of the Customer;
The delivery address of the Products;
The visuals of the Products included in the basket;
The amount of the delivery charges;
The amount of the delivery charges; If applicable, the advantages enjoyed by the Customer (promotional codes);
The total amount including VAT of the order.
After having read the summary order form, checked its contents and corrected any errors, the Customer acknowledges these GTS, his payment obligation and his right of withdrawal, which he attests by checking the box provided for this purpose.
The Customer is informed that the validation of his order implies for him the obligation of payment.
6.2. Order validation
The Customer confirms and validates his order by clicking on the button “Order, with obligation to pay”. The order validated and received by KEYENA is final.
Upon registration of the order, an acknowledgement of receipt thereof is sent to the e-mail address that the Customer has provided when creating his or her Customer account or when registering the order. This acknowledgement of receipt specifies the amount invoiced and the Products ordered; it will validate the transaction. It also contains a link to the present GTS. The Customer accepts that the order registration systems are proof of the purchase and its date. An invoice is issued to the Customer and is also sent to the e-mail address that the Customer provided when creating his Customer account.
The Customer is responsible for keeping the acknowledgement of receipt, the invoice and the applicable GTS. KEYENA is not responsible for any loss.
The Customer may access the contents of its order at any time by logging into its Customer account using its identifier (included in its registration confirmation e-mail) and its password.
6.3. Refusal / Cancellation of the order
KEYENA reserves the right to refuse any order for the following reasons:
The quantities of Products ordered are abnormally high for Customers with the status of consumers;
Pre-existing dispute with the Customer;
Default of total or partial payment of a previous order of the Customer;
Refusal of authorization of payment by the banking organizations.
The Customer has the possibility to cancel any order of Products, without giving any reason, provided that it has not already been shipped. The Customer shall send his cancellation request in the “Contact” section of the Site.
7.1. Selling price
The sale prices, in accordance with Article L. 112-1 of the Consumer Code, are indicated, for each of the Products listed on the Site, in euros, all taxes included, excluding delivery charges invoiced in addition. The amount of the delivery costs is mentioned before validation of the order, and in the Appendix of the present GTS.
The prices take into account the VAT in force in metropolitan France on the day the order is placed.
The Customer can benefit from promotional codes or personal and non-transferable vouchers that he/she can use during the validation of his/her pre-order / order by entering a reference in the purchase form. The promotional codes or vouchers are valid for the period indicated by KEYENA to the Customer.
Delivery costs may vary depending on the method of delivery, the weight and size of the package, or the delivery address, in accordance with what is indicated on the Site before any order, and in the Annex to these GTS. To obtain an estimate, the Customer can proceed to a simulation of his purchases on the Site. This indication remains an estimate and only the price retained at the time of the validation of the basket has contractual value except for exceptions such as difficulties of delivery or special modes of delivery which can generate additional costs.
The total amount due by the Customer is indicated on the order validation page.
Pre-orders / orders are payable immediately, no discount will be applied.
In the event of a price promotion, KEYENA undertakes to apply the promotional price to any order placed during the advertising period for the promotion.
In the event of an order to a country outside the European Union, the Customer is the importer of the Product or Products concerned. Customs duties or other local taxes (local VAT, customs tax, import duties, etc.) or import duties may be required. These duties are the responsibility of the Customer, and are the Customer’s sole responsibility both in terms of declarations and payment to the relevant authorities. KEYENA recommends that the Customer inquire about these aspects with the local authorities.
KEYENA reserves the right to change its prices at any time, while guaranteeing the Customer the application of the price in effect on the day of the order.
7.2. Reservation of property
KEYENA remains the owner of the Products sold until full payment of the price, without prejudice to the provisions of Article L. 216-4 of the Consumer Code.
8. TERMS OF PAYMENT
The price due by the Customer is the amount indicated on the summary of the order.
Payment is to be made at the time of ordering by credit card (Carte Bleue, VISA, Mastercard, American Express) or by Apple Pay.
Payment by credit card is made through the secure payment system provided by the company STRIPE, whose General Conditions are available here. This system is subject to a security system according to the 3D SECURE encryption protocol. The confidential data (the 16-digit credit card number as well as the expiration date and the CVV code) are directly encrypted and transmitted to the company’s server.
The credit card is debited when the order is placed.
At no time does the Customer’s banking data pass through KEYENA’s computer system. KEYENA does not store any of the Customer’s banking data.
9.1. Delivery means the transfer to the consumer of physical possession or control of the Product.
- Metropolitan France and DOM-TOM;
- Member countries of the European Union, United Kingdom, Switzerland, Gibraltar, Central Macedonia, Moldova, Montenegro, Bosnia-Herzegovina, Serbia, Albania, Ukraine;
- Algeria, Angola, Botswana, Burkina Faso, Cameroon, Congo (Brazzaville), Egypt, Ethiopia, Guinea, Kenya, Morocco, Senegal, South Africa, Tunisia.
- Asia, Afghanistan, Armenia, Azerbaijan, Bangladesh, China, Georgia, Hong Kong, India, Indonesia, Iran, Israel, Japan, Kazakhstan, Laos, Russia, Saudi Arabia, Singapore, Turkey;
- Argentina, Bahamas, Bolivia, Brazil, Canada, Colombia, Cuba, Guatemala, Jamaica, United States;
9.2. Delivery times and methods
The Products ordered will be sent, by an independent carrier, with the delivery note, to the delivery address that the Customer has indicated during the ordering process. All orders received will be processed within five (5) working days. It is specified that for orders placed on the Site on Saturdays, Sundays or holidays, this five (5) day period begins on the first business day following the date of the order.
The conditions, costs and delivery times differ according to the Product, the delivery method chosen by the Customer, the weight and size of the package, and the delivery address. The Customer will be informed, at the time of placing the order, of the delivery method(s) available as well as of the applicable delivery times and rates.
For Products that have been pre-ordered, the Customer is informed of the delivery time(s) after checking with KEYENA’s suppliers and manufacturers for manufacturing times.
In any event, the maximum delivery time for pre-ordered products will be six (6) months from the pre-order. KEYENA can not be held responsible for a failure to deliver during this period.
All deliveries are announced by e-mail to the address provided by the Customer when ordering. KEYENA can not be responsible for a change not reported by the Customer in the delivery address or an error in the latter due to the Customer.
In case of impossibility to deliver due to the Customer, KEYENA reserves the right to apply additional delivery charges, the amount of which it will determine. In case of non-payment of these costs, KEYENA will be entitled not to proceed with the delivery. The resulting damage will also be borne by the Customer.
Except in special cases or unavailability of one or more Products, the Products ordered will be delivered at once if the Customer has chosen a single method of delivery. However, KEYENA reserves the right to split the delivery subject, where appropriate, to inform the Customer by email to the address indicated by him. No additional postage will then be charged.
In case of failure of KEYENA to its obligation to deliver the Product on the date provided, or, failing that, no later than thirty (30) days after the conclusion of the contract, the Customer may enjoin, in writing, KEYENA to make the delivery within a reasonable additional period.
If KEYENA has not complied within this new period, the Customer may terminate the contract by registered letter with acknowledgement of receipt, or by writing on another durable medium, for any reason other than force majeure or the fact of the Customer.
The sums paid by the Customer will then be returned to him at the latest within fourteen (14) days following the date of termination of the contract, to the exclusion of any compensation or deduction.
9.3. Receipt of the Order – Conformity of the Products
If the Product(s) do not comply with the order, the Customer must send a complaint to KEYENA, under the conditions set out in Article 11 of these GTS, with a view to obtaining a replacement for the Product or its repair.
9.4. Delivery and transfer of risk
The Product which is delivered to the Customer by a carrier chosen by KEYENA, travels at the risk of KEYENA.
10. RIGHT OF WITHDRAWAL
In accordance with Article L. 221-18 of the French Consumer Code, the Customer has a fourteen (14) day cooling-off period from the date of receipt of the package containing the Products ordered, by the Customer or by a third party designated by the Customer, to return the Product(s) and request reimbursement without penalty, with the exception of shipping and return costs, which are the responsibility of the Customer. During this period, the Customer may return the Products without having to justify his reasons.
The withdrawal period expires fourteen (14) days after the day on which the Customer or a third party other than the carrier designated by the Customer takes physical possession of the goods. If this period expires on a Saturday, Sunday or holiday, it is extended until the next business day.
The Customer shall inform KEYENA of its decision to withdraw by means of an unambiguous statement:
Either by completing the withdrawal form in the Annex to these GTS and accessible here: Withdrawal form
Or by e-mail to the following address ___________________
Or by post addressed to KEYENA, 320, route de Genas – 69500 BRON, FRANCE using the form in the Annex to these GTC or on plain paper.
The Customer shall return the Product(s) concerned, in good condition, at its expense, in its (their) original packaging (which may have been opened), to the above address of KEYENA, no later than fourteen (14) days from the day on which the Customer informed KEYENA of its decision to withdraw.
The Customer is reminded that the responsibility of the Customer may be incurred with regard to the depreciation of the Product(s) resulting from handling other than those necessary to establish the nature, characteristics and conformity of the Products to its expectations.
If the above conditions are met, KEYENA will reimburse the Customer the total amount of his order, including delivery costs without undue delay.
This refund will take place upon recovery by KEYENA of the Product(s) subject to withdrawal or provision by the Customer of proof of return of the Product(s), the date used being that of the first of these facts.
KEYENA will make the refund using the same means of payment that the Customer used for the initial transaction. With the Customer’s agreement, another means may be used. In any event, this refund will not incur any costs for the Customer. KEYENA is not, however, obliged to reimburse the Customer for additional costs if the Customer has expressly chosen a more expensive method of delivery than the standard delivery method offered on the Site.
11. LEGAL GUARANTEES
KEYENA, in its capacity as a professional seller, is liable for defects in the conformity of the goods sold under the conditions of Articles L. 217-4 et seq. of the French Consumer Code and for hidden defects in the goods under the conditions provided for in Articles 1641 et seq. of the French Civil Code.
Therefore, all Products benefit from legal guarantees, provided that they have been used normally and that the maintenance advice has been followed.
It is reminded that within the framework of the legal guarantee of conformity, the Customer :
– has a period of two (2) years from the date of delivery of the goods to act against the seller;
– may choose between repairing or replacing the good, subject to the cost conditions provided for in Article L. 211-9 of the Consumer Code;
– is exempted from proving the existence of the lack of conformity of the goods during the six (6) months following the delivery of the goods. This period is extended to twenty-four (24) months as of March 18, 2016, except for used goods.
Under Article L. 217-5 of the Consumer Code, the good is in conformity with the contract:
%221° If it is fit for the purpose usually expected of a similar good and, where appropriate :
– if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
-if it presents the qualities that a purchaser can legitimately expect taking into account the public declarations made by the salesman;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
The legal guarantee of conformity applies independently of any commercial guarantee granted by the seller.
It is reminded that the Customer may decide to implement the legal guarantee of hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code.
Thus, independently of the commercial guarantee that may be granted, KEYENA is also liable for hidden defects in the item sold:
– that make it unfit for the purpose for which it was intended,
– or which so diminish this use that the buyer would not have acquired it,
– or would have given only a lesser price, if he had known them, under the conditions provided for in Articles 1641 and following of the Civil Code.
Any action must be brought within two (2) years of the discovery of the defect.
Pursuant to Article 1644 of the Civil Code, the Customer may choose between rescission of the sale or a reduction of the sale price.
This guarantee does not apply to apparent defects.
In the event of finding non-compliance or a defect affecting one or more Products within the time limits mentioned above, the Customer may return the Products to KEYENA at the following address KEYENA, 320 route de Genas, 69500 BRON, FRANCE or contact KEYENA’s Customer Service at the following number: 33 (0)667047990 (Monday to Friday from 9am to 12pm and from 2pm to 4pm), which will confirm the procedure to follow.
It is up to the Customer to prove the existence of the hidden defect. To do so, the Customer may produce various certificates or repair estimates as well as any expertise he may have requested.
If the non-conformity or hidden defect is confirmed after control, KEYENA will exchange or repair the Product(s) with defects of conformity or proven defects and whose origin is attributable to KEYENA or reimburse the Customer the amount of the Product(s) concerned, if necessary.
KEYENA is responsible for the proper performance, by itself and by its service providers or subcontractors, of its obligations under the contract concluded at a distance, without prejudice to its right of recourse against its intermediaries.
On the other hand, KEYENA cannot be held liable in the event of non-performance or poor performance of the contract due either to the Customer’s fault, or to the unforeseeable or insurmountable fault of a third party to the contract, or to force majeure.
When placing a pre-order or an order, it is the Customer’s responsibility to verify that the information relating to the pre-order or the order is in accordance with his choices and that it will allow the delivery to be made.
13. RETENTION AND ARCHIVING OF TRANSACTIONS
The archiving of communications, order forms and invoices is carried out on a reliable and durable support so as to constitute a faithful and durable copy in accordance with article 1379 of the Civil Code.
14. PERSONAL DATA
When ordering, personal data is collected, in accordance with the General Data Protection Regulation of 27 April 2016 (RGPD) and the amended Data Protection Act of 6 January 1978, and will be subject to computer processing by KEYENA, as the controller.
The Customer is invited to refer to the Personal Data Protection Policy, available here, or from the Site by clicking on the “Personal Data Protection Policy” tab, in order to obtain information on this subject.
15. MAJOR FORCE
The Parties shall not be held liable for a breach of any of their obligations under the contract resulting from the occurrence of an event of force majeure, such as those usually considered by French Jurisprudence, provided that the Party invoking such an event notifies the other Party of its occurrence as soon as possible, that it does its best to limit the consequences and that it resumes performance of the contract as soon as the event of force majeure has ceased.
However, if the case of force majeure lasts longer than three (3) months, the Parties shall be released from their contractual obligations towards each other.
16. CUSTOMER SUPPORT
KEYENA, 320, route de Genas – 69500 BRON – FRANCE
Or by e-mail to the address: firstname.lastname@example.org
Or by telephone at: +33 (0)6 67 04 79 90
In the event of a dispute or claim, the Customer is advised to contact Customer Services (see Article 14 above) in order to seek and find an amicable solution.
The Customer is informed of the possibility, in the event of failure to file a claim with KEYENA’s Customer Service or in the absence of a response from this service within a period of two (2) months, to submit the dispute relating to the order form or these GTCs opposing him/her to KEYENA, a professional seller, to the consumer mediator _______________________________________________, who will attempt, in complete independence and impartiality, to bring the Parties together with a view to reaching an amicable solution.
The Parties to the contract remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
In addition, the European Commission has set up a dispute resolution platform to collect any complaints from consumers following an online purchase in order to forward them to the competent national mediators. This platform is accessible at https://webgate.ec.europa.eu/odr .
18. COMPETENT COURT – APPLICABLE LAW
In the absence of an amicable agreement, any dispute concerning the validity, interpretation or execution of these GTS will be submitted to the competent French courts.
The present GTS are subject to French law.
ANNEXE : SAMPLE RETRACTION FORM
Please complete and return this form only if you wish to withdraw from the contract.
To the attention of : KEYENA
Customer Relations Department
320, route de Genas – 69500 BRON – FRANCE
+33 (0)6 67 04 79 90
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*) below:
Ordered on (*)/
Received on (*) :
Name of consumer(s) :
Address of the consumer(s) :
Signature of consumer(s) (only if notifying this form on paper):
(*) Delete as appropriate.