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General Terms and Conditions of Sale

ARTICLE 1: PURPOSE

The purpose of the present general terms and conditions of sale is to establish the provisions governing the contractual relationship between the company:
KIMEX INTERNATIONAL
169 Allée du Partage
Parc d'Activités du Partage
33127 SAINT JEAN D'ILLAC (BORDEAUX) 
FRANCE
Tel 05.57.95.95.53  
Fax 05.56.31.13.37
President : KMX GROUP
Simplified joint stock company with a capital of 1,000,000 euros, listed on the Trade and Companies Register of Bordeaux, with SIRET (French business registration number) 45171261600031 and with VAT identification number FR39451712616 
 
And the Customer or Buyer mentioned below, i.e., the user of the website www.kimexinternational.uk
The information contained on this website may be changed by the company KIMEX INTERNATIONAL without notice.
 

ARTICLE 2: THE BUYER’S TERMS AND CONDITIONS OF PURCHASE

By placing an order, the Buyer confirms he/she accepts the present terms and conditions of sale, particularly the clause on the retention of title, and that he/she surrenders his/her own terms and conditions of purchase, even where he/she has submitted to KIMEX his/her terms and conditions of purchase or any other document containing provisions which are identical to the present article and/or provisions which contradict the following in any way whatsoever.
 

ARTICLE 3: PRODUCTS

All the products offered on the website www.kimexinternational.com are sold brand new and packaged. On its website, the company KIMEX takes the greatest care to provide extremely detailed information on its products, as well as photographs and correct information on their level of stock. The Buyer is required to take note of the exact characteristics/features of the products, in addition to their availability and delivery times, before placing an order.
 

ARTICLE 4: PRICES OF PRODUCTS

Prices for the products sold on www.kimexinternational.com are given in euros, include 20% VAT and do not include delivery charges. The waste electrical and electronic equipment (WEEE) fee (Éco-participation) is in addition to the prices given. The prices are those applicable when the Buyer visits the website, and may be changed at any time without notice.
 

ARTICLE 5: AVAILABILITY OF PRODUCTS

KIMEX undertakes to clearly indicate to the Customer if products are in stock, awaiting stock or unavailable. 
If the product is in stock, the order will be processed and dispatched within 24 business hours.
If the product is awaiting stock (and can therefore be back ordered), the date of arrival at our warehouse will be clearly indicated on the product page. In such cases, the Customer will have two options. The first is to back-order and prepay for the product, thereby accepting the delivery time indicated. Such product reservations will be considered final and binding. These orders will be processed on the date given. The second is to simply join the waiting list (back in stock alert) and be notified by email when the product is back in stock.
If the product is unavailable, this means that we do not know when it will be back in stock and are therefore unable to accept orders for the product.
 

ARTICLE 6: DELIVERY CHARGES / EXEMPTION OF DELIVERY CHARGES

Standard delivery is free of charge, whatever the order and the carrier selected, in Metropolitan France, only for individuals. Delivery is free for companies and professional resellers benefiting from the Resellers' Advantages loyalty programme from 400€ excluding VAT (excluding Switzerland). For shipments within Switzerland, the shipping costs will be applied and include only the shipping costs. The costs related to the import and the Swiss VAT will be charged to the customer.
 

ARTICLE 7 : ORDER

The Buyer is required to take note of the exact characteristics of the articles, their availability and the delivery times before placing an order. Any order implies unreserved acceptance of these general terms and conditions of sale. The products, quantities and prices are defined as those of the order from the moment the Buyer has validated it. From this moment, the order is recorded, and an order number is communicated to the Buyer as well as a confirmation on the screen and by e-mail. This acknowledgement of receipt of the order serves as proof of the distance contract between KIMEX INTERNATIONAL, which will have to process the order, and the Buyer, who will have to keep this document on a paper or computer medium. Important : For any order for which payment has not been received within 6 days, the order will be considered as cancelled and the products will be put back in stock. Furthermore, Kimex reserves the right to cancel any order from a customer with whom there is an ongoing dispute.
 

ARTICLE 8: PAYMENT

As a general rule, orders must be paid for when they are placed, except for traders which are authorised to pay later (deferred payment). Such authorisation will be subject to approval by our insurance provider.
There are several methods the Buyer may use to pay for his/her order, namely debit/credit card (Carte Bleue, Eurocard/Mastercard or Visa), PayPal, or bank transfer. Payment must be made in full when an order is placed by the Buyer. KIMEX will not dispatch any products without having received full payment for the order. If the Buyer chooses to pay by bank transfer, payment must be made within 6 days from the date of purchase. If the Buyer fails to do so, the order will be automatically cancelled and the products returned to stock.
In the event of a delay in payment or payment in part, if the Buyer is based in France, the amounts due will incur interest ipso jure at an annual rate of 1.5 times the Euro Interbank Offered Rate (Euribor) applicable on the date on which payment becomes due. If the Buyer is based abroad, the amounts due will incur interest ipso jure at an annual rate of 1.5 times the annual base rate set by the national bank of the country where the Buyer is based, applicable on the date on which payment becomes due. Products will not be delivered until all amounts due, including related interest, are paid in full.
 

ARTICLE 9: DISPATCH OF PRODUCTS

Orders for products indicated as being in stock will be processed within 24 business hours from when payment is received. In order to meet the needs of its customers, KIMEX INTERNATIONAL has selected various specialist couriers to delivery its products, these being indicated on its website. These companies are able to handle the various types of products on said website, deliver them to various destinations (France, French overseas departments and territories (DOM-TOM) and Europe) and places (home or work), and offer different delivery services (pickup points, standard delivery or express delivery). As such, when placing his/her order, the Buyer will be able to choose from amongst different delivery options according to the type of product and delivery time. After having selected a delivery option, the Buyer will be able to pay for his/her order and enter the delivery location. The order will be delivered to the location given by the Buyer, who must be present when it is delivered in order to ensure a smooth delivery. For consumers who choose UPS, if nobody is in when the driver arrives at the delivery address, the package will be taken to the closest pickup point and the Buyer notified.
 
Delivery is guaranteed within 24 or 48 hours, excluding weekends and bank holidays.
Important: Delivery is made to the doorstep. The deliverers are not required to carry the package to a floor. 

ARTICLE 10: RECEIPT OF PRODUCTS

Upon receiving the goods, the Customer must inspect them and check they match their order. By signing the delivery slip, the Customer accepts the products as they are, and no complaints relating to damage caused during transit will be accepted henceforth. Upon delivery, the Customer is responsible for thoroughly checking the package and goods received, and noting any issues in detail on the delivery slip, in addition to informing KIMEX of the problem for the later to take the matter up with the courier.
Upon delivery, the Customer must check that the package and its contents are not damaged. If the boxes received are damaged in any way whatsoever, the Buyer must open them and check the contents in front of the driver. In such cases, one of two scenarios may occur: 
The good has no visible defects, in which case the Customer may accept the delivery and include a detailed comment on the delivery slip, such as ‘left-hand side of the box is damaged’, ‘one end of the box has a hole in it’, etc. The Customer may then check the product and, if it is damaged, inform the company KIMEX of the issue by registered mail within 3 days (including Saturdays) following the date on which delivery takes place.
Alternatively, the Customer may refuse the delivery and immediately inform KIMEX of the situation.
Please note: the remark ‘subject to unpacking’ is not valid and may not be used in any disputes with the courier.
Important: if the Buyer allows the product to be received by a third party (the concierge of your building, the receptionist at your place of work, etc.), said individual will receive the package in your name and on your behalf. The Buyer must tell said individual to follow all the usual precautions when receiving the package and handle it with the same care as though he/she were the Buyer.
 

ARTICLE 11: COLLECTING GOODS FROM OUR WAREHOUSE

When placing his/her order, the Buyer may select the option COLLECT FROM WAREHOUSE. Said warehouse is located in Saint-Jean-d'Illac. When the order is ready to be collected from our warehouse, the Buyer will be informed of this via email. Please note that said site belonging to the company KIMEX INTERNATIONAL is a warehouse and not a store or a point of sale open to the public. Only customers who have chosen the option COLLECT FROM WAREHOUSE and paid for their order on www.kimexinternational.com will be allowed to collect their order from the warehouse. Payment will not be accepted on site under any circumstances.
 

ARTICLE 12: 30-DAY MONEY-BACK GUARANTEE

In accordance with the French Consumer Code, consumers have a legal right of withdrawal, which may be exercised within 14 days from when the product is delivered. 
Right of withdrawal in accordance with Article L221-18 of the French Consumer Code
You have fourteen days to exercise your right to withdraw from the present contract without giving any reason for your decision. The withdrawal period will expire fourteen days after the day on which you or a third party designated by you, not including the courier, takes physical possession of the last product of your order.
 
In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from the present contract by way of a clearly worded statement (for example, a letter sent by post, fax or email). The address to use for this purpose is KIMEX INTERNATIONAL, Parc d'Activités du Partage, 169 Allée du Partage, 33127, Saint-Jean-D'Illac, France, the fax number is (+33) (0)5 57 95 95 50 and the email address is contact@kimex.fr.
 
You may also use the withdrawal form template, although this is not mandatory. To exercise your right of withdrawal, you must send the aforementioned statement before the expiry of the withdrawal period. You must also return the product to KIMEX INTERNATIONAL, Parc d'Activités du Partage, 169 Allée du Partage, 33127, Saint-Jean-D’Illac, France, without undue delay, and in any case, within fourteen days from when you send KIMEX INTERNATIONAL the statement informing us of your decision to withdraw from the present contract. To comply with the above, you must send the product within the aforementioned fourteen-day period. You will be responsible for the direct cost of returning the product concerned.
 
Effects of withdrawal
If you withdraw from the present contract, we will refund you for all amounts you have paid, including delivery charges (but excluding any additional costs incurred as a result of you having chosen a delivery option other than the most economical standard delivery option offered by us), without undue delay and in any case, within fourteen days from the date on which you sent us the statement informing us of your decision to withdraw from the present contract. Refunds will be paid using the same method of payment you used for the original purchase, unless you expressly agree otherwise. In any case, refunds will not entail any fees for you. We may withhold the refund until we receive the product in question or until you provide proof of having returned it to us, whichever is the earliest.
 
Exceptions to the right of withdrawal
You will not be entitled to withdraw from the following contracts:
- Contracts involving the supply of goods made to the consumer’s specifications or clearly personalised;
- Contracts involving the supply of goods which are liable to deteriorate or expire rapidly;
- Contracts involving the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications;
- Contracts involving the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
- Contracts involving the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items;
- Contracts involving the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery;
- Contracts involving the supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place after 30 days and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the trader;
- Contracts involving the supply of goods or services for which the price is dependent on fluctuations in the financial market which cannot be controlled by the trader and which may occur within the withdrawal period;
- Service contracts where the service has been fully performed before the end of the withdrawal period, if the performance has begun with the consumer’s prior express consent, and with the express acknowledgement that he/she will lose his/her right of withdrawal;
- Contracts where the consumer has specifically requested a visit to their home for the purpose of carrying out urgent maintenance or repairs. This shall be limited to replacement parts and services which are strictly necessary for carrying out said urgent maintenance or repairs requested by the consumer;
- Contracts involving the provision of accommodation, transport, catering or leisure activities if the contract provides for a specific date or period of performance;
- Contracts involving the supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer’s prior express consent and his/her express acknowledgement that he/she thereby loses his/her right of withdrawal.
 
However, KIMEX has decided to offer consumers who have placed an order on www.kimexinternational.com the right to withdraw within 30 days from when their order is received. Within this period, the Buyer may return their product for exchange or refund without having to give any reason or pay any charges except for return delivery costs (the outward delivery charges will be borne by KIMEX).
Important: in order to be able to benefit from this right of withdrawal, we require the Buyer to keep the original packaging of the product ordered.
To exercise this right of withdrawal, the Buyer must contact the company KIMEX within 30 days in order for the Aftersales Service Department to process the request. He/she must notify KIMEX of his/her decision to withdraw from the present contract by sending a clearly worded statement by email to contact@kimex.fr, or by post to KIMEX INTERNATIONAL, 169 Allée du Partage, Parc d'Activités du Partage, 33127 Saint-Jean-d'Illac, France.
The following information must be included in this email or letter:
 
For the attention of the Aftersales Service Department, KIMEX INTERNATIONAL, 169 Allée du Partage, Parc d'Activités du Partage, 33127 Saint-Jean-d'Illac, France, contact@kimex.fr.
- I/We (*) hereby give you notice that I/We (*) withdraw from my/our (*) contract of sale for the following goods (*) 
- Invoice no.
- Ordered on (*)/received on (*)
- Name of buyers(s)
- Address of buyer(s)
- Signature of buyer(s) (only in the event of a hard copy of this form being sent)
- Date
The Buyer will have 14 days from when notice of withdrawal is sent to return the product.
He/she will receive an email containing a reference number, a return label which must be attached to the package, and the address to which the product must be returned. Products must be returned in their original packaging and be in a condition which allows them to be resold as new. They must also be returned with all their accessories and instructions, and be accompanied by the return label provided by the Aftersales Service Department. Once the product has been received and inspected, KIMEX will issue a full refund for the order (including outward delivery charges). Any products received which are missing parts and/or accessories, or damaged, will not be accepted and will be sent back to the Buyer at his/her own cost. In such cases, a refund will not be issued. Please note that these conditions do not constitute preconditions for the effective exercise of the right of withdrawal contained in law.
Important: traders do not have a right of withdrawal. All orders placed will be considered final and binding, except, in accordance with Article L221-3 of the French Consumer Code, where a trader has less than 5 employees AND the order is not related to his/her trade, business, craft or profession. In accordance with Article L121-20-2 of the French Consumer Code, the right of withdrawal does not apply to orders involving personalised products.
 

ARTICLE 13: GUARANTEES

13.1 Guarantee against defects found upon unpacking (up to 10 days after receipt of the product)
Upon unpacking a product received or using it for the first time, the Buyer may discover that it has a defect. In such cases, the Buyer must contact the company KIMEX within 10 days of receiving the product for its Aftersales Service Department to open a claim. KIMEX undertakes to contact the Buyer within 48 hours in order to inform him/her of whether the claim has been accepted and, where applicable, offer to repair, replace or issue a refund for the product. The Buyer must then make the product (which must be in its original packaging) available to KIMEX, the latter being responsible for all costs relating to resolving the issue.
A product with an apparent defect, scratches or defects relating to its finish, or which looks like it has been knocked/struck or suffered a blow, must not be installed.
It is recommended you check your product works correctly before applying any finish, placing it in any casing or fitting it in any way. If you do not follow this recommendation, the company KIMEX INTERNATIONAL will not be responsible for costs relating to removing the product and reinstalling/refitting it, paintwork, finishes, etc.
 
13.2 Three-year guarantee (comes into effect on the 11th day following receipt of the product)
All KIMEX brand products come with a legal guarantee covering all design, material, functionality and manufacturing defects. The duration of this guarantee is three years, beginning on the date on which the order is received. This guarantee replaces the guarantee against defects found upon unpacking and comes into effect on the 11th day following receipt of the product. Claims made under this guarantee are subject to the prior agreement of the company KIMEX. If, during this period, a defect becomes apparent, the Buyer must contact the company KIMEX in order for its Aftersales Service Department to open a claim. In such cases, the Buyer must send us photos of the defect found.
KIMEX INTERNATIONAL undertakes to contact the Buyer within 48 hours in order to inform him/her of whether the claim has been accepted and, where applicable, offer to repair, replace or, as a last resort, issue a refund for the product. If the claim is approved, KIMEX will authorise the Buyer to return the product. KIMEX will be responsible for return shipping costs for said product. 
After having received the product and identified the defect, within 30 days, KIMEX will repair the product or replace it with the same product (or any equivalent product if it is no longer sold). KIMEX will be responsible for the delivery costs for the replacement product. If the product cannot be repaired or replaced with an identical or similar product, KIMEX will issue a full refund for the product. In any case, the Buyer will be entitled to request a refund for the product if KIMEX takes more than a month to repair or replace it.
 

ARTICLE 14: LIABILITY OF THE COMPANY KIMEX

KIMEX products come with a three-year guarantee. However, the company KIMEX may not be held liable for the consequences of inappropriate or improper use of the product supplied. This guarantee does not cover damage caused by accidents, incorrect installation, inappropriate or improper use, neglect or significant modifications to the physical characteristics/appearance or functionality of the product.
 

ARTICLE 15: RETENTION OF TITLE

Title to products ordered will remain vested in the company KIMEX INTERNATIONAL until payment for them has been made in full by either the Customer or a consumer credit organisation which has provided the Customer with a loan, and said payment has been received by KIMEX INTERNATIONAL, in accordance with French Law No. 92-1442 of 17/05/1980. Upon delivery of the products, the Customer will become responsible for them.
 

ARTICLE 16: CONFIDENTIALITY OF DATA

The Customer must open an account on the website www.kimexinternational.com. The personal data provided by the Buyer when setting up an account is necessary for the company KIMEX to be able to process and ship orders, issue invoices and allow claims to be made under the guarantee. The company KIMEX INTERNATIONAL undertakes to refrain from using personal data belonging to the Buyer except for purposes relating to the commercial relationship between them, and from disclosing it to any third party, except where the Buyer has given his/her prior consent for this. This option may be set in the customer account area on www.kimexinternational.com. 
Pursuant to Article 34 of the French Law of 6 January 1978, the Customer has a right of access, right to modification, right to rectification and right to erasure with regards to personal data concerning him/her held by KIMEX. In order to exercise any of these rights, the Customer must send an email request to contact@kimex.fr, stating his/her name, address, customer number and email address.
 

ARTICLE 17: CNIL NOTIFICATION

In accordance with the French Law of 6 January 1978 on Information Technology, Data Files and Individual Liberties, the company KIMEX has submitted a notification to the CNIL (Commission nationale de l'informatique et des libertés [National Commission for Information Technology and Individual Liberties]) under notification number 1957152. 
 

ARTICLE 18: DISPUTES AND JURISDICTION

All disputes relating to the formation, performance and termination of the contractual obligations between the parties which cannot be settled out of court will be referred to the Tribunal de Commerce (Commercial Court) of Bordeaux (France), within the jurisdiction of which the registered office of the company KIMEX INTERNATIONAL is located.
 
Pursuant to Article 14, paragraph 1 of regulation (EU) No 524/2013 of 21 May 2013 on online dispute resolution for consumer disputes, the European Commission has made an online dispute resolution platform available for consumers at the following link: http://ec.europa.eu/consumers/odr/