GENERAL TERMS AND CONDITIONS OF SALE (GCS)

 

ARTICLE 1 – FIELD OF APPLICATION

These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales made by the company “KILOAMPS”, hereinafter referred to as the “Seller”, to professional purchasers, hereinafter referred to as the “Customer(s)”, wishing to acquire the products and services, hereinafter referred to as the “Products and Services”, offered by the Seller on French territory.

 

The main characteristics of the Products and Services are presented on the website at https://kiloamps.com/ and in the Vendor’s commercial brochures.

 

The Customer must read these General Terms and Conditions of Sale before placing any order. The choice and purchase of Products and Services is the sole responsibility of the Customer.

 

The Seller’s contact details are as follows:

KILOAMPS

1 Rue Antoine Lavoisier

42500 LE CHAMBON FEUGEROLLES

Tel: 04 77 30 33 33

Email: contact@kiloamps.com

 

These conditions apply to the exclusion of all other conditions, in particular those applicable to other marketing channels for Products and Services.

These General Terms and Conditions of Sale are accessible at all times on the Vendor’s website and shall prevail over any other version or any other contradictory document.

Under the conditions set out in the privacy policy and in accordance with the French Data Protection Act of 6 January 1978, as reinforced and supplemented by the General Data Protection Regulation that came into force on 25 May 2018, the Customer has the right to access, rectify, object to, delete and port all of their personal data at any time by writing, by post and providing proof of their identity, to the aforementioned contact details.

The Customer declares that he/she has read and accepted these General Terms and Conditions of Sale when placing an order. In the absence of proof to the contrary, the data recorded by the Vendor constitutes proof of all transactions with the Customer.

The Customer acknowledges that he/she has the legal capacity required to contract and purchase the Products and Services offered by the Vendor.

As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer’s purchase is that in force on the date the order is placed.

 

ARTICLE 2 – PLACING ORDERS

Sales of the Products and Services offered by the Seller are only completed after compliance with the procedure described below:

  • The Customer contacts the Seller by telephone or email, and a physical or telephone appointment is agreed on this occasion.
  • At the end of the appointment, the Seller will send the Customer a personalised offer based on their specific requirements, together with these General Terms and Conditions of Sale.
  • The Customer returns the signed sales proposal and/or order form, together with the adjusted General Terms and Conditions of Sale.
  • At the same time, the Customer is invited to pay the agreed deposit.
  • Once payment has been made by the Customer, an order confirmation will be sent by the Seller to the e-mail address provided by the Customer.

 

Customers are reminded that acceptance of these General Terms and Conditions of Sale will be automatically requested from them prior to finalising their order.

The sale will only be considered definitive and, consequently, validated by the Vendor once confirmation of acceptance of the order has been sent to the Customer by e-mail and once the Customer has received payment in full for the order.

The Vendor reserves the right to cancel or refuse any order from a Customer with whom there is a dispute, in particular relating to the payment of a previous order.

 

ARTICLE 3 – DELIVERIES

The Products and Services ordered from the Vendor will be delivered within the timescales indicated when the order is placed, depending on the Customer’s specific requirements. This timeframe, excluding special requests, is between 3 (THREE) days and 1 (ONE) year from the validation of the Customer’s order as described in the article “Placing orders” and excluding periods when the Vendor is closed.

The Customer undertakes to check the quality and quantity of the order in the presence of the carrier, and to make any necessary reservations on the delivery note.

In the absence of reservations or complaints expressly made by the Customer to the carrier upon receipt of the Products, the latter shall be deemed to correspond to the descriptions and quantities specified in the order.

 

ARTICLE 4 – TERMS OF PAYMENT

The Products and Services are sold at the prices in force on the Seller’s commercial proposal on the day the order is placed.

It is specified that the prices are expressed in Euros, including VAT and excluding VAT.

Any country or state tax applicable to the Products and Services shall be borne exclusively by the Customer.

The price is payable under the conditions indicated on the commercial proposal, by bank transfer.

It is also specified that, depending on the Customer’s requests and the duration of the work, interim payments may be required.

The Vendor will not be obliged to deliver the Products and Services ordered by the Customer if the price has not been paid in full in advance in accordance with the above conditions.

Payments made by the Customer shall not be considered final until the Vendor has actually received the sums due.

Any delay in payment will result in the application of late payment penalties, payable by the Customer, at the rate of 10% of the sums due per month of delay, in addition to the payment of a fixed indemnity of 40 euros per late payment. These penalties shall automatically be forfeited to the Vendor, without any formality or prior formal notice.

 

ARTICLE 5 – RIGHT OF WITHDRAWAL

In accordance with Article L221-3 et seq. of the French Consumer Code, the professional customer may exercise the right of withdrawal if the following cumulative conditions are met, and only for sales that qualify as “off-premises” sales:

 

  • those with five or fewer employees,
  • the subject of the sale does not fall within the scope of the trader’s “principal activity.

 

It is agreed between the Parties that damaged, soiled, worn or used Products will not be taken back.

 

It is specified that the right of withdrawal may be exercised using the withdrawal form available herein, or any other unambiguous statement expressing the wish to withdraw.

 

If the right of withdrawal is exercised within the aforementioned period, only the price of the Products purchased and any delivery costs will be reimbursed; the cost of returning the Products will be borne by the Customer.

 

Reimbursement will be made within 14 (FOURTEEN) days of receipt by the Vendor of the Products returned by the Customer under the aforementioned conditions.

 

ARTICLE 6 – LIABILITY AND GUARANTEE

The Vendor guarantees the Customer, in accordance with legal provisions and without additional payment, against any lack of conformity or hidden defect in the Products.

In accordance with legal provisions, the Vendor reminds the Customer of the existence of the following guarantees:

 

  • Commercial warranty:

The Vendor grants the Customer a one-year service guarantee on the Products (repair or replacement) for any malfunction observed (excluding obsolescence, fault of the Customer or any third party) within two years of the invoice date. It is specified that the cost of returning the Products to the Vendor’s workshops will be borne exclusively by the Customer.

Consequently, this guarantee does not include the Vendor travelling to the Customer’s site.

 

  • Legal guarantee against hidden defects

Article 1.641 of the French Civil Code: “The seller is liable for any hidden defects in the item sold that render it unfit for its intended use, or that impair that use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, had he been aware of them.

 

Article 1.648 of the French Civil Code: “Actions arising from redhibitory defects must be brought by the purchaser within two years of discovery of the defect. (…) “.

The Customer may decide to invoke the warranty against hidden defects in the item sold within the meaning of article 1.641 of the French Civil Code and, in this case, may choose between rescinding the sale or reducing the sale price in accordance with article 1.644 of the French Civil Code.

The Vendor’s guarantee is limited to reimbursement of the Products actually paid for by the Customer and the Vendor may not be considered responsible or in default for any delay or non-performance resulting from the occurrence of a case of force majeure as defined by article 1.218 of the French Civil Code or which is the fault of the Customer.

 

  • Responsibility

In any event, the Vendor’s liability may only be incurred in the event of proven fault or negligence and remains limited to direct loss to the exclusion of any indirect loss of any nature whatsoever.

In order to assert its rights, the Customer must, on pain of forfeiture of any action relating thereto, inform the Vendor in writing of the existence of the defects within the time limits laid down by law.

The Vendor will rectify or have rectified, at its own expense and in accordance with the appropriate procedures approved by the Customer, the Products and Services deemed to be defective.

 

The Vendor may not be considered liable or in default for any delay, non-performance or damage resulting from the occurrence of a case of force majeure as defined in article 1.218 of the French Civil Code, in the event of health hazards or in the event of fault or negligence on the part of the Customer.

In any event, in cases where the Vendor’s liability is accepted, the Vendor’s guarantee is limited to the amount, exclusive of tax, of the sums paid by the Customer for the supply of the Products and Services.

 

ARTICLE 7 – TRANSFER OF OWNERSHIP – TRANSFER OF RISK

The transfer of ownership of the Vendor’s Products to the Customer will only take place after full payment of the price by the Customer, regardless of the date of delivery of the said Products. The transfer of the risks of loss and deterioration relating thereto will take place as soon as the Products leave the Vendor’s factory. The Products therefore travel at the Customer’s risk.

 

ARTICLE 8 – RETENTION OF TITLE

UNTIL THE PRICE HAS BEEN PAID IN FULL BY THE CUSTOMER, THE SELLER RESERVES A RIGHT OF OWNERSHIP OVER THE PRODUCTS SOLD, ENABLING IT TO REPOSSESS SAID PRODUCTS. ANY DEPOSIT PAID BY THE CUSTOMER SHALL REMAIN THE PROPERTY OF THE SELLER BY WAY OF LUMP-SUM COMPENSATION, WITHOUT PREJUDICE TO ANY OTHER ACTIONS THAT THE SELLER MAY BE ENTITLED TO TAKE AGAINST THE CUSTOMER AS A RESULT.

THE CUSTOMER THEREFORE UNDERTAKES, AT HIS OWN EXPENSE, TO INSURE THE PRODUCTS ORDERED, IN FAVOUR OF THE SELLER, BY AN AD HOC INSURANCE POLICY, UNTIL FULL TRANSFER OF OWNERSHIP AND TO PROVIDE PROOF OF THIS TO THE SELLER ON REQUEST.

 

ARTICLE 9 – INTELLECTUAL PROPERTY

The content of the Vendor’s website and the associated trademarks and distinctive signs are the property of the Vendor and its partners and are protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

 

ARTICLE 10 – FORCE MAJEURE

The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of article 1.218 of the French Civil Code, or from exceptional health, political or climatic hazards beyond the control of the Parties.

 

The obligations of the Party affected by the force majeure event will be suspended without it incurring any liability whatsoever. In particular, the deadlines required for the performance of the obligations of the Party affected by the case of force majeure will be suspended for the duration of the case of force majeure.

Each Party undertakes to notify the other promptly, in writing, of the occurrence of any case of force majeure.

The Parties shall endeavour, as far as possible, to mitigate the effects of force majeure.

Any delay due to an event of force majeure shall not constitute sufficient grounds for the termination of the Contract.

If a case of force majeure prevents one of the Parties from performing an essential obligation under this Contract for a period of more than SIXTY (60) days, then the Parties will meet as soon as possible to examine the course of action to be taken in such a situation, and each of the Parties may then terminate the Contract, failing agreement, by registered letter with acknowledgement of receipt, without compensation for either of the Parties.

 

ARTICLE 11 – APPLICABLE LAW- LANGUAGE

These General Terms and Conditions of Sale and the transactions arising from them are governed by and subject to French law.

These General Terms and Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.

 

ARTICLE 12 – MEDIATION AND JURISDICTION

All disputes that may arise between the Parties concerning this Contract, its validity, interpretation, performance or termination shall be submitted to mediation before any legal action is taken.

 

The Parties hereby irrevocably agree to entrust this mediation mission to:

La Chambre Nationale des Praticiens de la Médiation (CNPM),

located at 23 rue de Terrenoire in SAINT-ÉTIENNE (42100).

 

The matter shall be referred to the Chambre Nationale des Praticiens de la Médiation (National Chamber of Mediation Practitioners) by the most diligent Party upon simple request.

The Chambre Nationale des Praticiens de la Médiation will submit for the Parties’ approval one or more mediators from the list, depending on the importance and complexity of the case. In the event of disagreement between the Parties on this proposal, it is hereby agreed that the choice of mediator(s) will ultimately be made by the Chambre Nationale des Praticiens de la Médiation itself, with the Parties waiving any recourse against this appointment.

The Parties agree to abide by the Mediation procedure to be decided by the appointed mediator(s).

The Parties undertake to take part in the various meetings organised by the mediator(s) and to respond promptly to all summonses and requests made by the mediator(s).

The Parties undertake, in general, to cooperate in good faith with the mediation. They undertake to respect the confidentiality that is attached to the conduct of this procedure as well as to all statements, deeds, documents, etc. relating thereto.

The agreement signed by the Parties at the end of the mediation procedure may be countersigned by each party’s lawyer in order to give it enforceability.

The agreement signed by the Parties at the end of the mediation may also be submitted, at the initiative of one of them or at their joint request, to the judge for approval in order to give it the force of res judicata.

The remuneration of the mediator(s) and the costs incurred by the mediation shall be borne equally by the Parties, unless they agree otherwise.

In the event that the mediation fails, as in the event that it has not been successful at the end of a period of 2 (TWO) months from the date of the first meeting, jurisdiction is expressly attributed to the Commercial Court of SAINT-ÉTIENNE (42100).

 

ARTICLE 13 – PRE-CONTRACTUAL INFORMATION – CUSTOMER ACCEPTANCE

The Customer acknowledges that, prior to placing his/her order and entering into the contract, he/she has been provided, in a legible and comprehensible manner, with these General Terms and Conditions of Sale and with all the information listed in article L. 221-5 of the French Consumer Code, and in particular with the following information:

  • the essential characteristics of the Products and Services, taking into account the communication medium used;
  • the price of the Products and Services;
  • in the absence of immediate performance of the contract, the date or deadline by which the Vendor undertakes to supply the Products and Services ordered;
  • information relating to the identity of the Seller, its postal, telephone and electronic contact details, and its activities, if this is not apparent from the context,
  • information relating to legal and contractual guarantees and their implementation procedures;
  • the possibility of resorting to conventional mediation in the event of a dispute;
  • information on the right of withdrawal, cancellation procedures and other important contractual conditions;
  • the means of payment accepted.

 

The fact that a natural person or legal entity places an Order with the Vendor implies full and unreserved acceptance of these General Terms and Conditions of Sale and an obligation to pay for the Products and Services, which is expressly recognised by the Customer, who waives, in particular, the right to rely on any contradictory document which would be unenforceable against the Vendor.