Terms of service
Terms of Sales
Version 2020-1; published and effective as of April 15, 2020.
These Conditions of Sale determine the conditions applicable to sales made between any natural person wishing to purchase KINETIK products (the "Products") via the website www.kinetikadrenalink.com; (hereinafter the "Online Store"), a company incorporated under French law registered under number 881904288 in the Trade and Companies Register of st Brieuc, having its registered office located rue kérihouet, 22410 Treveneuc, France (hereinafter "KINETIK " or "we", depending on the context).
1. Conditions of application of these Conditions of Sale
These Conditions of Sale apply only to purchases concluded via the Online Store.
We reserve the right to modify these Conditions of Sale at any time. The date of entry into force of these Conditions of Sale is indicated above. The applicable Conditions of Sale are those in force on the date the order is placed.
ANY ORDER OF PRODUCTS IMPLIES YOUR UNRESERVED ACCEPTANCE OF THESE CONDITIONS OF SALE
2. Place an order
We draw your attention to the fact that orders can only be placed by consumers (natural persons acting for purposes that do not fall within the scope of their commercial, industrial, craft or liberal activity). Therefore, we will not accept orders placed by companies, associations, independent contractors or by any other type of legal entity.
In order to be able to purchase the Products, you must:
Provide your name and address, telephone number, email address, payment details and any other required information;
· Be at least 18 years old;
If you have created an account with a personal username and password, always make sure you protect your password and do not disclose it to anyone as you are personally responsible for every purchase made with your username and password. Your password.
3. Order process and conclusion of contract
You agree that your order constitutes an offer to purchase the Product(s) listed in your order subject to these Terms of Sale. Any order must therefore imperatively be accepted by Us.
We reserve the right to unilaterally refuse orders, in particular those that we deem abnormal, those that we suspect of having been placed in bad faith or those that have not been placed by consumers. We are not required to justify our refusal unless we wish.
After having received your order, and insofar as we accept it, we will send you an order confirmation by e-mail containing your order number and the details of the Product(s) you have ordered. as well as the Conditions of Sale.
The conclusion of the sales contract will take place when you receive the order confirmation e-mail.
You remain responsible for the accuracy of the data you provide to us.
The order confirmation e-mail constitutes proof of your purchase, so please keep it.
4. Prices, Delivery and order processing costs, and VAT
The price charged for a Product will be the price in effect at the time the order is placed and will be indicated in the order confirmation email.
We reserve the right to change prices at any time and without notice. Price increases will only be applicable to orders placed after such changes.
The prices of the Product(s) include VAT and other applicable taxes but do not include delivery and handling costs.
The additional costs relating to the delivery and processing of the order and the related VAT or any other applicable taxes will be indicated on the Online Shop during the ordering process and will also be included in the order confirmation e-mail.
Insofar as we are unable to calculate the amount of certain additional costs before the conclusion of the sales contract, we will inform you of the methods of calculating the final price before placing your order.
5. Delivery
We deliver the Products in France subject to the following restrictions:
We are unable to deliver to:
Overseas Military Addresses, Prisons
The delivery options are as follows:
Standard: 3 to 5 working days
Express: 2 to 3 working days
For personalized orders the delay varies between 5 and 6 weeks (+ or-).
The delivery time and the delivery option you have chosen will be confirmed to you in the order confirmation.
The delivery date will not exceed 30 days, unless a personalized product or reservation of a product notstill available (pre-order).
If you order personalized Product(s), the manufacturing time of said personalized Product(s) will be added to the delivery time depending on the delivery option selected.
Under French law, you have a right of withdrawal on your purchase, which you can exercise up to 30 days after the validation of your order. To do this, contact us via the contact form) to let us know of your return.
Returned items (excluding personalized products) may be subject to:
• an exchange or credit note: if your item is defective, subject to its availability.
•a refund. The refund is made only to the account of the person who made the payment.
Return shipping costs will be your responsibility.
Returned products must be authorized by our customer service and must be absolutely new, in their original packaging. All products are inspected upon receipt in our warehouse. Please note that, for hygienic reasons, underwear or glasses/flasks cannot be returned.
Kinetik will only accept returns for purchases made on www.kinetikadrenalink.com. Similarly, Kinetik stores and resellers will not accept any returns of products purchased on the e-shop.
If you unreasonably postpone delivery or delay receipt of delivery after we have notified you that we have attempted to deliver the Product(s) ordered to you, or if you have provided us with a wrong delivery which results in unsuccessful delivery, the delivery package will be sent back to us. If the Product(s) remain undelivered for a period of 7 working days after the first attempt at delivery and are returned to us undelivered, we reserve the right to cancel the contract of sale and, upon receipt of the returned delivery package, we will reimburse you in accordance with the provisions of Article 9.
We cannot be held liable for late delivery or failure to perform, if the delay or failure results from unforeseeable and insurmountable facts, from a third party to the contract or from a case of force majeure. We recommend that you examine the package and the Product(s) received within 14 (fourteen) days of their delivery as well as check their condition and whether the contents of the package are complete. In case of damaged or missing Product(s), please contact our customer service: serviceclient@kinetik-sport.com
6. Product Availability
We do not guarantee the availability of the Products in the Online Store.
With the exception of orders already accepted, we reserve the right, without liability and without prior notice, to change, interrupt or stop the sale of any Product.
7. Compatibility and Product Information
We ask you, when placing your order, to make sure that the Product(s) you buy are compatible with the use for which you intend to use them. Please use the Online Store as your ultimate point of reference when checking compatibility. In the event of a difference between the content of the Online Store and any other website (or any other source of information), the compatibility of the Product(s) as it appears on the Online Store at the time of purchase shall prevail.
8. Payment
Payment can be made by credit cards (Visa / Mastercard)
All payments will be subject to security checks.
Therefore, our services may contact you to confirm your order information and order data such as proof of your address, proof of address in the name of the person indicated for the delivery address , etc.
9. Returns and Refunds
We draw your attention to the fact that we will only process returns and refunds for the Product(s) purchased via our Online Shop.
Right of withdrawal: If you have purchased one or more Product(s) for your personal use as a consumer and wish to exercise your right to withdraw from the sales contract and return the Product(s), you can do so without having to justify your decision and without incurring, where applicable, other costs than those listed below, provided that you follow the return procedure accessible via our online platform and within 14 (fourteen) days from the date on which you, or a third party other than the carrier and designated by you, took physical possession of the Product(s).
In the event of a contract relating to several Products, your right of withdrawal will expire after a period of 14 (thatfourteen) days from the date on which you, or a third party other than the carrier and designated by you, took physical possession of the last Product.
You may only return to us Product(s) which you have taken reasonable care of and which you have not used in a manner other than that which is necessary to establish the nature, characteristics and good operation of the Product(s). You will be responsible for any depreciation of the Product(s) resulting from your handling of the Product(s) other than that which is necessary to establish the nature, characteristics and proper functioning of the Product(s). ) purchased.
In case of return of your product with an amount lower than 69.95 euros, shipping costs will not be refunded.
In case of full return of the order with an amount greater than 69.95 euros, the shipping costs will not be refunded.
Sale products will not be refunded, only a credit for the amount of the item will be made. The credit note can be used once.
For any order paid for with a gift voucher or a promotional code, reimbursement is not possible, only a credit note will be made.
In case of return, the articles offered during a promotion which will not be returned, will be invoiced at the public price.
In the case of an exchange against a product of a lower amount, we will not refund the difference, but you can complete your purchase with another item.
WE DRAW YOUR ATTENTION TO THE FACT THAT YOU CANNOT EXERCISE THIS RIGHT OF WITHDRAWAL FOR:
- ANY PRODUCT MADE ACCORDING TO YOUR SPECIFICATIONS OR CLEARLY PERSONALIZED
- ANY UNDERWEAR, SOCKS OR SEALED FLASKS WHICH CANNOT BE RETURNED FOR HYGIENE REASONS (These products are not subject to guarantees).
Once we have received your online request and validated your return request, we will send you a confirmation email.
You must then return the Product(s) without undue delay and, in any event, no later than 14 days following the communication of your decision to withdraw from the contract.
Return procedure
Log in to your personal account and go to your orders to complete the form for the item you wish to return.
Or contact us at the following address: hello@kinetikadrenalink.com
You must return the Product(s) in their original packaging. You must include all accessories, instruction manuals and any freebies that arrived with the package. Where a Product has been purchased as part of a bundle of multiple Products, all Products in the bundle must be returned. We ask that you take reasonable care of the Product(s) and return them to us in the condition in which they were delivered to you. Please pack the Product(s) securely and ensure that your order number is clearly visible on the outside of the package. To ensure a quick and secure return, we encourage you to follow the return instructions provided.
We will refund the price you paid for the Product(s) following receipt at our warehouse of the returned Product(s).
Payment will be made using the same payment method you used for the original transaction.
If you are returning Product(s) 1) which you are not entitled to return, 2) which you have damaged or used in any way other than as necessary to establish the nature, characteristics and proper functioning of the Product(s), or 3) with one or more Product(s) missing, or 4) which you do not have, of any other manner, taken reasonable care including for their return, we reserve the right either to refuse your return and refuse to refund you, or to reduce any payment which must be refunded to you, this up to the amount of the depreciation of the Product (s) (s), subject to applicable legal provisions.
Other return cases: If the Products you have received do not correspond to those you ordered or if your delivery is incomplete or has been damaged during transport, please contact our customer service department without delay by e-mail.
Request to have on his customer account
1. How do I request a credit note?
I wish to cancel my purchase but benefit from a credit note in order to place a new order. Kinetik credits me with a credit note under the following conditions:
- If I am within the legal withdrawal period of 14 days*, Kinetik credits me the amount of the item to my customer account so that I can place an order.
The credit note in the form of customer credits will be valid for 1 year from the date of creation.
2. How quickly am I credited to my customer account?
As soon as myreturn, the After-Sales Service will credit my customer account. I then received an email to let me know.
Service request:
Please contact us at hello@kinetikadrenalink.com
Please attach to the email photos or videos, your order number.
For after-sales service, defective products, when the after-sales ticket is opened, you have one month to return the product for an exchange or credit.
10. Warranties and Legal Rights
10.1 Legal Guarantee
Independently of any commercial guarantee that may be granted to you, we remain liable for any lack of conformity of the Product(s) that we have sold to you in accordance with Articles L211-4 to L211-13 of the Consumer Code, in part reproduced below.
We also remain bound by the legal guarantee against hidden defects under the conditions set out in articles 1641 to 1648 of the Civil Code, as well as article 2232 of the same code, partly reproduced below.
"Legal guarantee of conformity" (excerpt from the Consumer Code)
Art. L.211-4. “The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.
Art. L.211-12. "The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods".
Art.L. 211-5 “To comply with the contract, the property must:
1. Be suitable for the use usually expected of a similar item and, where applicable:
- correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;
- present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling.
2. Present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, made known to the seller and accepted by the latter”.
"Warranty against hidden defects" (excerpt from the Civil Code)
-Art. 1641. “The seller is bound by the guarantee on account of hidden defects in the thing sold which render it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have paid less if he had known them”.
-Art. 1648 - paragraph 1. “The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect”.
10.2 Commercial warranty
We also grant you a commercial guarantee for the Product(s) detailed on our website.
However, the following damage is not covered by the warranty:
a) Damage resulting from normal wear and tear of the Product(s)
b) Damage resulting from transport or storage of the Product(s)
c) Damage resulting from non-compliant use of the Product(s) or poor maintenance
d) Damage resulting from non-compliance with the instructions for use and maintenance of the Product(s) as defined in the instructions for use of the Product(s)
e) Damage resulting from the modification of the Product(s)
f) Damage resulting from shock, caused by sharp objects, twisting, compression, dropping, abnormal impact and other actions beyond our control.
11. Personal data
The privacy policy available on our website as well as the additional provisions appearing in these Conditions of Sale govern the use of your personal data.
We will use reasonable care to keep your order and payment details secure, but (absent gross negligence on our part) we will not be liable for any loss you may suffer if a third party obtains unauthorized access to any data provided by you when accessing or placing an order through the website.
12. Our Liability
These Conditions of Sale set out all of our obligations and responsibilities with regard to the supply of the Product(s). To the fullest extent permitted by applicable law, we disclaim all warranties of any kind, whether express or implied, and all conditions or stipulations other than those expressly stated in these Terms of Sale. More specifically, we are not responsible for the suitability of the Products for the purposes for which you intended them, unless you informed us of such purposes at the time of the conclusion of the sales contract and we accepted them.
Although we effWe will use reasonable endeavors to verify the accuracy of the information we publish on the Online Store, we do not guarantee that the Online Store will meet all of your requirements or that it will be interrupted, slow or without of error, nor that any possible defect will be corrected nor that the site or the server which makes it accessible will be devoid of any virus or bug or will present a total functionality, accuracy and/or reliability of the Online Shop. We will not be liable for any loss of content or material downloaded or transmitted via the Online Store.
We will not be liable, whether in contract, tort or otherwise, for any loss of revenue, loss of profits, loss of contracts, business or anticipated savings, loss of data, loss of goodwill or reputation or any other type of indirect or consequential damage or for any damage whatsoever. However, nothing in this Section shall affect your rights and nothing in these Terms of Sale shall exclude or limit any liability which may not be limited or excluded under applicable law, including but not limited to limited thereto, liability for death or injury and liability for gross negligence or fraud.
13. General Provisions
The Online Store may only be used for lawful purposes and in accordance with the law. You agree to comply with all laws, statutes and regulations applicable to the Online Store and to any transaction made through the Online Store.
In the event that one or more provision(s) of these Conditions of Sale are declared invalid, illegal or unenforceable, said provision(s) shall be (will) be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the other provisions will not be affected or impaired in any way.
With respect to purchases made through the Online Store, we will communicate electronically, by sending e-mails or through other electronic publications.
WE DRAW YOUR ATTENTION TO THE FACT THAT THESE TERMS OF SALE DO NOT AFFECT (AND SHOULD NOT BE READ AS AFFECTING) YOUR LEGAL RIGHTS WHICH CANNOT BE WAIVERED OR CONTRACTUALLY LIMITED.
14. Customer Service
Our Customer Service will assist you with any questions relating to any order on the Online Store. You can contact us by e-mail, Monday to Friday between 9 a.m. and 5 p.m., with the exception of public holidays:
By email hello@kinetikadrenalink.com
Version 2020-1; published and effective as of April 15, 2020.
These Conditions of Sale determine the conditions applicable to sales made between any natural person wishing to purchase KINETIK products (the "Products") via the website www.kinetikadrenalink.com; (hereinafter the "Online Store"), a company incorporated under French law registered under number 881904288 in the Trade and Companies Register of st Brieuc, having its registered office located rue kérihouet, 22410 Treveneuc, France (hereinafter "KINETIK " or "we", depending on the context).
1. Conditions of application of these Conditions of Sale
These Conditions of Sale apply only to purchases concluded via the Online Store.
We reserve the right to modify these Conditions of Sale at any time. The date of entry into force of these Conditions of Sale is indicated above. The applicable Conditions of Sale are those in force on the date the order is placed.
ANY ORDER OF PRODUCTS IMPLIES YOUR UNRESERVED ACCEPTANCE OF THESE CONDITIONS OF SALE
2. Place an order
We draw your attention to the fact that orders can only be placed by consumers (natural persons acting for purposes that do not fall within the scope of their commercial, industrial, craft or liberal activity). Therefore, we will not accept orders placed by companies, associations, independent contractors or by any other type of legal entity.
In order to be able to purchase the Products, you must:
Provide your name and address, telephone number, email address, payment details and any other required information;
· Be at least 18 years old;
If you have created an account with a personal username and password, always make sure you protect your password and do not disclose it to anyone as you are personally responsible for every purchase made with your username and password. Your password.
3. Order process and conclusion of contract
You agree that your order constitutes an offer to purchase the Product(s) listed in your order subject to these Terms of Sale. Any order must therefore imperatively be accepted by Us.
We reserve the right to unilaterally refuse orders, in particular those that we deem abnormal, those that we suspect of having been placed in bad faith or those that have not been placed by consumers. We are not required to justify our refusal unless we wish.
After having received your order, and insofar as we accept it, we will send you an order confirmation by e-mail containing your order number and the details of the Product(s) you have ordered. as well as the Conditions of Sale.
The conclusion of the sales contract will take place when you receive the order confirmation e-mail.
You remain responsible for the accuracy of the data you provide to us.
The order confirmation e-mail constitutes proof of your purchase, so please keep it.
4. Prices, Delivery and order processing costs, and VAT
The price charged for a Product will be the price in effect at the time the order is placed and will be indicated in the order confirmation email.
We reserve the right to change prices at any time and without notice. Price increases will only be applicable to orders placed after such changes.
The prices of the Product(s) include VAT and other applicable taxes but do not include delivery and handling costs.
The additional costs relating to the delivery and processing of the order and the related VAT or any other applicable taxes will be indicated on the Online Shop during the ordering process and will also be included in the order confirmation e-mail.
Insofar as we are unable to calculate the amount of certain additional costs before the conclusion of the sales contract, we will inform you of the methods of calculating the final price before placing your order.
5. Delivery
We deliver the Products in France subject to the following restrictions:
We are unable to deliver to:
Overseas Military Addresses, Prisons
The delivery options are as follows:
Standard: 3 to 5 working days
Express: 2 to 3 working days
For personalized orders the delay varies between 5 and 6 weeks (+ or-).
The delivery time and the delivery option you have chosen will be confirmed to you in the order confirmation.
The delivery date will not exceed 30 days, unless a personalized product or reservation of a product notstill available (pre-order).
If you order personalized Product(s), the manufacturing time of said personalized Product(s) will be added to the delivery time depending on the delivery option selected.
Under French law, you have a right of withdrawal on your purchase, which you can exercise up to 30 days after the validation of your order. To do this, contact us via the contact form) to let us know of your return.
Returned items (excluding personalized products) may be subject to:
• an exchange or credit note: if your item is defective, subject to its availability.
•a refund. The refund is made only to the account of the person who made the payment.
Return shipping costs will be your responsibility.
Returned products must be authorized by our customer service and must be absolutely new, in their original packaging. All products are inspected upon receipt in our warehouse. Please note that, for hygienic reasons, underwear or glasses/flasks cannot be returned.
Kinetik will only accept returns for purchases made on www.kinetikadrenalink.com. Similarly, Kinetik stores and resellers will not accept any returns of products purchased on the e-shop.
If you unreasonably postpone delivery or delay receipt of delivery after we have notified you that we have attempted to deliver the Product(s) ordered to you, or if you have provided us with a wrong delivery which results in unsuccessful delivery, the delivery package will be sent back to us. If the Product(s) remain undelivered for a period of 7 working days after the first attempt at delivery and are returned to us undelivered, we reserve the right to cancel the contract of sale and, upon receipt of the returned delivery package, we will reimburse you in accordance with the provisions of Article 9.
We cannot be held liable for late delivery or failure to perform, if the delay or failure results from unforeseeable and insurmountable facts, from a third party to the contract or from a case of force majeure. We recommend that you examine the package and the Product(s) received within 14 (fourteen) days of their delivery as well as check their condition and whether the contents of the package are complete. In case of damaged or missing Product(s), please contact our customer service: serviceclient@kinetik-sport.com
6. Product Availability
We do not guarantee the availability of the Products in the Online Store.
With the exception of orders already accepted, we reserve the right, without liability and without prior notice, to change, interrupt or stop the sale of any Product.
7. Compatibility and Product Information
We ask you, when placing your order, to make sure that the Product(s) you buy are compatible with the use for which you intend to use them. Please use the Online Store as your ultimate point of reference when checking compatibility. In the event of a difference between the content of the Online Store and any other website (or any other source of information), the compatibility of the Product(s) as it appears on the Online Store at the time of purchase shall prevail.
8. Payment
Payment can be made by credit cards (Visa / Mastercard)
All payments will be subject to security checks.
Therefore, our services may contact you to confirm your order information and order data such as proof of your address, proof of address in the name of the person indicated for the delivery address , etc.
9. Returns and Refunds
We draw your attention to the fact that we will only process returns and refunds for the Product(s) purchased via our Online Shop.
Right of withdrawal: If you have purchased one or more Product(s) for your personal use as a consumer and wish to exercise your right to withdraw from the sales contract and return the Product(s), you can do so without having to justify your decision and without incurring, where applicable, other costs than those listed below, provided that you follow the return procedure accessible via our online platform and within 14 (fourteen) days from the date on which you, or a third party other than the carrier and designated by you, took physical possession of the Product(s).
In the event of a contract relating to several Products, your right of withdrawal will expire after a period of 14 (thatfourteen) days from the date on which you, or a third party other than the carrier and designated by you, took physical possession of the last Product.
You may only return to us Product(s) which you have taken reasonable care of and which you have not used in a manner other than that which is necessary to establish the nature, characteristics and good operation of the Product(s). You will be responsible for any depreciation of the Product(s) resulting from your handling of the Product(s) other than that which is necessary to establish the nature, characteristics and proper functioning of the Product(s). ) purchased.
In case of return of your product with an amount lower than 69.95 euros, shipping costs will not be refunded.
In case of full return of the order with an amount greater than 69.95 euros, the shipping costs will not be refunded.
Sale products will not be refunded, only a credit for the amount of the item will be made. The credit note can be used once.
For any order paid for with a gift voucher or a promotional code, reimbursement is not possible, only a credit note will be made.
In case of return, the articles offered during a promotion which will not be returned, will be invoiced at the public price.
In the case of an exchange against a product of a lower amount, we will not refund the difference, but you can complete your purchase with another item.
WE DRAW YOUR ATTENTION TO THE FACT THAT YOU CANNOT EXERCISE THIS RIGHT OF WITHDRAWAL FOR:
- ANY PRODUCT MADE ACCORDING TO YOUR SPECIFICATIONS OR CLEARLY PERSONALIZED
- ANY UNDERWEAR, SOCKS OR SEALED FLASKS WHICH CANNOT BE RETURNED FOR HYGIENE REASONS (These products are not subject to guarantees).
Once we have received your online request and validated your return request, we will send you a confirmation email.
You must then return the Product(s) without undue delay and, in any event, no later than 14 days following the communication of your decision to withdraw from the contract.
Return procedure
Log in to your personal account and go to your orders to complete the form for the item you wish to return.
Or contact us at the following address: hello@kinetikadrenalink.com
You must return the Product(s) in their original packaging. You must include all accessories, instruction manuals and any freebies that arrived with the package. Where a Product has been purchased as part of a bundle of multiple Products, all Products in the bundle must be returned. We ask that you take reasonable care of the Product(s) and return them to us in the condition in which they were delivered to you. Please pack the Product(s) securely and ensure that your order number is clearly visible on the outside of the package. To ensure a quick and secure return, we encourage you to follow the return instructions provided.
We will refund the price you paid for the Product(s) following receipt at our warehouse of the returned Product(s).
Payment will be made using the same payment method you used for the original transaction.
If you are returning Product(s) 1) which you are not entitled to return, 2) which you have damaged or used in any way other than as necessary to establish the nature, characteristics and proper functioning of the Product(s), or 3) with one or more Product(s) missing, or 4) which you do not have, of any other manner, taken reasonable care including for their return, we reserve the right either to refuse your return and refuse to refund you, or to reduce any payment which must be refunded to you, this up to the amount of the depreciation of the Product (s) (s), subject to applicable legal provisions.
Other return cases: If the Products you have received do not correspond to those you ordered or if your delivery is incomplete or has been damaged during transport, please contact our customer service department without delay by e-mail.
Request to have on his customer account
1. How do I request a credit note?
I wish to cancel my purchase but benefit from a credit note in order to place a new order. Kinetik credits me with a credit note under the following conditions:
- If I am within the legal withdrawal period of 14 days*, Kinetik credits me the amount of the item to my customer account so that I can place an order.
The credit note in the form of customer credits will be valid for 1 year from the date of creation.
2. How quickly am I credited to my customer account?
As soon as myreturn, the After-Sales Service will credit my customer account. I then received an email to let me know.
Service request:
Please contact us at hello@kinetikadrenalink.com
Please attach to the email photos or videos, your order number.
For after-sales service, defective products, when the after-sales ticket is opened, you have one month to return the product for an exchange or credit.
10. Warranties and Legal Rights
10.1 Legal Guarantee
Independently of any commercial guarantee that may be granted to you, we remain liable for any lack of conformity of the Product(s) that we have sold to you in accordance with Articles L211-4 to L211-13 of the Consumer Code, in part reproduced below.
We also remain bound by the legal guarantee against hidden defects under the conditions set out in articles 1641 to 1648 of the Civil Code, as well as article 2232 of the same code, partly reproduced below.
"Legal guarantee of conformity" (excerpt from the Consumer Code)
Art. L.211-4. “The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.
Art. L.211-12. "The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods".
Art.L. 211-5 “To comply with the contract, the property must:
1. Be suitable for the use usually expected of a similar item and, where applicable:
- correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;
- present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling.
2. Present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, made known to the seller and accepted by the latter”.
"Warranty against hidden defects" (excerpt from the Civil Code)
-Art. 1641. “The seller is bound by the guarantee on account of hidden defects in the thing sold which render it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have paid less if he had known them”.
-Art. 1648 - paragraph 1. “The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect”.
10.2 Commercial warranty
We also grant you a commercial guarantee for the Product(s) detailed on our website.
However, the following damage is not covered by the warranty:
a) Damage resulting from normal wear and tear of the Product(s)
b) Damage resulting from transport or storage of the Product(s)
c) Damage resulting from non-compliant use of the Product(s) or poor maintenance
d) Damage resulting from non-compliance with the instructions for use and maintenance of the Product(s) as defined in the instructions for use of the Product(s)
e) Damage resulting from the modification of the Product(s)
f) Damage resulting from shock, caused by sharp objects, twisting, compression, dropping, abnormal impact and other actions beyond our control.
11. Personal data
The privacy policy available on our website as well as the additional provisions appearing in these Conditions of Sale govern the use of your personal data.
We will use reasonable care to keep your order and payment details secure, but (absent gross negligence on our part) we will not be liable for any loss you may suffer if a third party obtains unauthorized access to any data provided by you when accessing or placing an order through the website.
12. Our Liability
These Conditions of Sale set out all of our obligations and responsibilities with regard to the supply of the Product(s). To the fullest extent permitted by applicable law, we disclaim all warranties of any kind, whether express or implied, and all conditions or stipulations other than those expressly stated in these Terms of Sale. More specifically, we are not responsible for the suitability of the Products for the purposes for which you intended them, unless you informed us of such purposes at the time of the conclusion of the sales contract and we accepted them.
Although we effWe will use reasonable endeavors to verify the accuracy of the information we publish on the Online Store, we do not guarantee that the Online Store will meet all of your requirements or that it will be interrupted, slow or without of error, nor that any possible defect will be corrected nor that the site or the server which makes it accessible will be devoid of any virus or bug or will present a total functionality, accuracy and/or reliability of the Online Shop. We will not be liable for any loss of content or material downloaded or transmitted via the Online Store.
We will not be liable, whether in contract, tort or otherwise, for any loss of revenue, loss of profits, loss of contracts, business or anticipated savings, loss of data, loss of goodwill or reputation or any other type of indirect or consequential damage or for any damage whatsoever. However, nothing in this Section shall affect your rights and nothing in these Terms of Sale shall exclude or limit any liability which may not be limited or excluded under applicable law, including but not limited to limited thereto, liability for death or injury and liability for gross negligence or fraud.
13. General Provisions
The Online Store may only be used for lawful purposes and in accordance with the law. You agree to comply with all laws, statutes and regulations applicable to the Online Store and to any transaction made through the Online Store.
In the event that one or more provision(s) of these Conditions of Sale are declared invalid, illegal or unenforceable, said provision(s) shall be (will) be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the other provisions will not be affected or impaired in any way.
With respect to purchases made through the Online Store, we will communicate electronically, by sending e-mails or through other electronic publications.
WE DRAW YOUR ATTENTION TO THE FACT THAT THESE TERMS OF SALE DO NOT AFFECT (AND SHOULD NOT BE READ AS AFFECTING) YOUR LEGAL RIGHTS WHICH CANNOT BE WAIVERED OR CONTRACTUALLY LIMITED.
14. Customer Service
Our Customer Service will assist you with any questions relating to any order on the Online Store. You can contact us by e-mail, Monday to Friday between 9 a.m. and 5 p.m., with the exception of public holidays:
By email hello@kinetikadrenalink.com
