Article 1. SUBJECT OF THE AGREEMENT
These terms and conditions are applicable between:
PKparis, simplified joint-stock company registered under French law with a capital of 148.579,16 euros, registered in the Paris Trade and Companies Register under number 792 663 114 RCS Paris, whose head office is located in 14 avenue de l'Opéra, 75001 Paris, hereinafter referred to « PK PARIS »
and ANY PERSON, physical or moral, contracting with PKparis for the ordering of products, hereinafter referred to « Customer ».
Article 2. DEFINITIONS
« Order »: contractual document with contents of the customer's order.
« Product »: property sold by PKparis
« Customer »: if necessary, we must make a distinction between BtoB and BtoC customers. A BtoB customer is a trading partner, a reseller, a wholesaler ect. A BtoC customer is an individual person who buys a product for its personal use, without the willingness of making trade of it. When not specified, the term « Customer » will be understood in a broad sense.
« Applicable rate »: the price of the products sold by PKparis can be reassessed by PKparis, in accordance with Articles 6.2 and 7 of these Conditions.
Article 3. SUBJECT - ORDERS
3.1 Subject of the contract
These Conditions define the conditions applicable to the customer's orders.
3.2 Contract for BtoB
The purchase order of the customer is compelling and definitive. The Customer is immediately bound by the order and can't cancel it without a prior warning of 30 days in advance in writing. The contract comes into effect after the order's acceptance of PKparis.
BtoB customers can purchase an order by email preferably. Postal letters and fax messages can be also accepted.
If electronic exchanges, a copy of the electronic exchanges with PKparis can be used as a proof of the existence of the contract, unless the contrary is reported by the customer.
3.3 Adherence to the Conditions
By signing the Order, the Customer unreservedly agrees with these Conditions. These conditions are automatically extended to the other products that PKparis will have to provide to the Customer.
These Conditions are applicable to every contracts between the Customer and PKparis, with the exception of every other conditions, including the Customer's.
The stipulations of the Order and the Conditions constitute the entire agreement between the Parties.
PKparis reserves itself the right to modify at any time the Conditions of sale. Thus, the newest Conditions of sale will be binding on the Customer from the acceptance of a new Order and/or the signature of the Customer.
However, any modifications of these Conditions are considered as accepted and binding on the Customer if it hasn't objected, in writing, to the new Conditions within the week after of being informed of the modifications.
3.4 BtoC Orders
You can order a product or a service via PKparis' website and a number of online marketplace.
To order, you will need to have a postal address in one of the countries where we deliver.
After having made your choice, and communicated your personal informations, necessary to the good execution of your order, it will be considered as definitive and irrevocable (unless in the situations provided in these Conditions), as soon as you click once for the validation of the order, then a second time for the confirmation of the order.
If PKparis accepts your order, a confirmation of order will be sent to your email address.
The confirmation of the order will be effective from its date of dispatch. If PKparis can't accept your order, we will try to contact you by email, telephone, or by regular mail to keep you informed.
Indeed, PKparis reserves itself the right to accept or refuse the order, in its sole discretion, in particular, but without limitation:
• in a situation where the price of the products or services you have ordered would be paltry as a consequence of display error;
• in the case of orders of the same product or service in large quantities;
• in the event of an order from a customer for whom there was a dispute concerning previous commands.
Once the final and irrevocable order is confirmed, we provide a single Internet order number. You can follow step by step the process of your order.
3.5 Exercise of the right of withdrawal for BtoC customers following a purchase directly from PKparis
You have the right to withdraw from this contract without giving any reason within 14 days. The withdrawal period shall expire 14 days after the day you, or a third party indicated by you other than the carrier, acquire the physical possession of the goods.
To exercise the right of withdrawal, you must notify PKparis of your decision to withdraw from this contract through an unequivocal statement (eg, letter sent by post, fax or email).
We may withhold reimbursement until we have received the goods or until you have provided proof of shipment of the goods.
You need to return the goods to the following address: PKparis Support, C/O Creative Valley, 11 rue Carnot, 94270 Le Kremlin-Bicêtre - France, without undue delay and in any event no later than 14 days after informing us of your decision to withdraw from this contract. The deadline is met if you send back the goods before the expiration of 14 days.
You will have to bear the direct cost of returning the goods.
Returns of the goods are to be made in their original (new) and complete condition (packaging, accessories, manuals...), accompanied by a copy of the purchase invoice. Any return that does not comply strictly with these recommendations will not be accepted.
As far as the shipping of the hardware is concerned, we sent you back to the recommendations provided in article 8.4.3 of these Conditions.
Your liability is incurred in respect of the depreciation of the goods resulting from the handling other than those necessary to establish the nature, characteristics and functioning of the goods.
References: Articles L121-16 to L121-23 of the Consumer Code in the version resulting from the consumer law of 17 March 2014, effective June 13, 2014.
3.6 Protection of personal datas
Every personal datas collected by PKparis are securely stored, and PKparis won't sell, lease, or disclose your personal informations to a third party, unless the indications provided below.
A. PKparis can share your personal informations if you give your consent to do it so.
B. PKparis can be compelled to disclose personal informations to authorities or any third party in accordance with law or a Court order. PKparis can also disclose or use your personal datas in accordance with the applicable law to defend the legitimate rights of PKparis, for instance, in civil, penal or administrative procedures.
Article 4. DELIVERY
4.2 BtoB delivery
The products delivered to the Customer are those mentioned in the order.
The products are delivered by PKparis or any other person to the address given by the Customer on the Order Form.
PKparis applies Incoterm DDP related to the standard « Delivered Duty Paid ». Indeed, PKparis takes responsibility for all taxes and custom duties related to the import and export clearing of your order. Then, the Customer has to perform the unloading, unless otherwise stated in the order.
Any additional cosy of delivery has to be specified to the Customer when ordering.
The products can be delivered in a series of shipment. The Customer can't refuse the partial delivery. The products travel to the risks and dangers of the customer.
The deadline for delivery are indicative. The deadline can be extended if the Customer provides informations with the signature of the Order. The delays can potentially bring a compensation for the injury, and to a refusal of delivery of the products, or cancellation of the orders issued by the Customer.
4.3 BtoC delivery
Products and services purchased on the Website and other online marketplace (PKparis saler) are exclusively delivered to the countries where we deliver.
The deadline for delivery is the time of shipment indicated on the order confirmation plus the delivery time. Once shipped, the products are delivered by the French Post Office (with tracking number) distributed in your mailbox within 96 hours of shipment by PKparis to the delivery address you specified during the ordering process. The delivery to countries other than France takes longer.
PKparis will be relieved of all responsibility for the shipment when the online tracking service mentions the word "dispatched".
In case of simultaneous orders of several products (orders placed at least 24 hours apart by the same person / same address), PKparis will allow to supply all these products at the same time. If they have different delivery dates, the delivery date of all products is based on the latest one.
In case of delayed shipment, an email will be sent to inform you of a possible effect on the previously announced date. We will also provide a new delivery date.
In any event, in case of delay of more than 7 days, you have the option to cancel your order within 60 working days, in accordance with legal provisions. In this case, if you receive the product after your cancellation, we will refund the product and return shipping costs, upon thereof by us receipt of complete products in their original condition. Regarding shipping hardware, please refer to the available guidelines in article 8.4.3.
We also invite you to check your order tracking available on the Website and to contact customer service with any questions if problems arise (support@PKparis.com)
4.4 Reservation of ownership and risk transfer
The ownership of the products are reserved for PKparis until full payment, notwithstanding anything herein to the contrary, unless the parties have expressly agreed in writing to dismiss this clause.
The Customer bears the risks related to the products since the order. During the delay of reservation of ownership, the Customer must pay the price of the product and bear the cost of the damages. He must bring justifications to it, on first demand of PKparis.
Article 5. REPRESENTATIONS AND OBLIGATIONS OF THE CUSTOMER
The Customer shall have received from PKparis every useful explanations and informations, so that it ables it to use, keep, or/ and sell the products concerned by this contract.
The Customer agrees that the products offered by PKparis are clear, and provides its free and informed consent regarding the informations given by PKparis.
The Customer have to inform PKparis of any circumstances which could affect the execution of this contract, as soon as he acquires knowledge of them .
5.2 Authorisations and declarations for BtoB customers
The BtoB customer is only responsable concerning the authorisations and declarations related to the storage, use, resale, importation and exportation of the products.
The BtoB Customer asserts it owns the necessary rights and authorisations to do it so. If necessary, the BtoB Customer asserts it has took all the necessary measures, for instance an authorisation request and administrative records.
In the absence of such declarations, the contract's validity won't be affected. The BtoB Customer will be compelled to pay to PKparis the ordered products.
The BtoB customer protects PKparis from the problems caused by the lack of declarations and authorizations.
5.3 Minimum order
PKparis reserves itself the right not to provide certain products to the Customer on a minimum order basis.
The minimum amount required for the shipment of the product is specified in the Applicable Rate.
Article 6. BtoB PRICES AND PAYMENT
Prices of our products are those mentioned in the Order Form. No reduction or discount may be granted to the BtoB Customer. Prices indicated in the Order shall be firm and definitive, and expressed in euro, price excluding tax and delivery costs.
The BtoC Customer is aware that the prices mentioned in the order contains only the products mentioned on the Order Form.
6.2 Reassess of the Rate Applicable
The Rate Applicable will be reassessed at the end of the period mentioned in the Order Form. For this purpose, PKparis notifies the BtoB customer by email about the reassess of the Rate Applicable, at least one month before the end of this period.
If there is not explicit refusal of the Customer, or termination of the contract by one of the parties, the new Rate Applicable will be considered as accepted by the BtoB Customer, and will apply to future payments.
6.3 Payment terms
The price is payable in Euro. The applicable payment terms are those defined in the contract between PKparis and the BtoB Customer.
6.4 Default of payment
The dates of payment agreed shall not be postponed under no circumstances, including in case of litigation.
Any not paid amount on the due date will automatically, and without notification, lead to penalties for late payment. Those are calculated based on three times the legal rate of interest, without impacting the payment penalties.
Moreover, any late payment shall lead to the application, of a 40 euros flat-rate allowance for recovery costs, the immediate payment of every payables sums, whenever the set period, plus a 20% compensation of the amount as a penal clause, and the right to unilaterally terminate the contract.
Article 7. BtoC PRICES AND PAYMENT
The prices of our products are indicated inclusively in euros, eco-participation and all taxes included, excluding shipping costs.
PKparis reserves itself the right to change prices at any time. However, the products will be billed based on rates applied at the time of checkout. The products remain the property of PKparis until the receipt of full payment by PKparis.
The payment of your purchases can be made by credit card or via the PAYPAL service. You will then be subject to the terms and conditions available on PAYPAL www.paypal.com. The debit of the credit card is made after confirmation of payment by Paypal.
Article 8. GUARANTEES
8.1 Liability for Apparent Defects
The Customer shall check the products upon delivery. The Customer shall take into account the quality, the quantity, and the references of the products, and their compliance with the order.
No claim will be acknowledged after a 3-day period following the receipt. On the other hand, claims related to deliveries will be discussed in light of articles L.133-3 and seq. of the French commerce code, if the Customer owns the status of merchant.
8.2 Liability for Latent Defects
8.2.1 Legal Guarantees
After the 14-day period for returns has passed, PKparis will either repair or exchange a defective product if it is still within the warranty period.
The Customer must return the product and the invoice to PKparis. Upon receipt of the product, PKparis will either exchange or repair the product in a timely manner.
PKparis will not be held liable if the product is free from defects, if the defect is a result of the Customer’s negligence or inappropriate/uncommon use of the product, if the malfunction is primarily due to normal wear and tear, if it is due to the product maintenance of the Customer, or if the malfunction is due to a case of force majeure.
Also, the Customer may exercise the guarantee against hidden defects. The Customer may exercise this implied warranty within two years from the discovery of the hidden defect. It applies if the defect is not apparent during the purchase, and if it makes the product unsuitable for use. The Customer must prove that the defect existed before the purchase.
Within this warranty, the Client may request reimbursement for the product, including delivery charges, or an exchange. In both cases, the Client must return the product to PKparis. PKparis will refund or exchange after the confirmation of hidden defect.
8.2.2 Contractual Guarantee Applicable to Products
All brand new products sold by PKparis receive a contractual manufacturer warranty of 2 years. Accessories (e.g. batteries...) are guaranteed for 6 months. The "refurbished" products have a warranty of 3 months. Under this warranty, the product will be repaired or replaced in case of any problem.
To qualify for the contractual guarantee of the products, it is imperative to keep the purchase invoice of the product.
The invoices received from authorized resellers are the only proof of purchase. As such, credit card statements (Visa, Mastercard, Amex, Paypal, authorizenet.com, ect.) will not be accepted by PKparis.
In the case where a product is not being sold anymore by PKparis, PKparis will offer a comparable substitute product, if the repair of the product under warranty is not possible.
8.3 Limitation of Guarantee
The limited guarantee only covers the repairs and the replacement of the PKparis products. PKparis guarantees products sold(only the item sold is included; data stored is excluded) against material and manufacturing defect within the period defined above – Article 8.2.2.
PKparis shall not be responsible for loss of data, for costs related to the services for the assessment and/or identification of the device's issues, and for the deletion, the repair or the installation of the PKparis products.
PKparis guarantees only the defects resulting from the normal use of the product, and subsequently, the guarantee doesn't apply in case:
- of damages caused by a natural disaster or an inappropriate use
- the product has been repaired or dismantled by non-authorized technicians
- the warranty label is modified, damaged, or missing
- the serial number isn't consistent with the original system or the warranty label is damaged
- of major domestic damages (for example, bump, crack, scratch, etc.) and/or moisture traces/ corrosion and foreign body (for instance, food, drinks, etc.) on the product
- the products have undergone maintenance, or an incorrect or inappropriate modification
- the damages are to software, interface, media, components or materials which are not supplied nor approved by PKparis
- products have been used on incorrect performance voltage
- of every use of the product that does nor comply with its specificities
- products were bought from non-authorized agents
8.4 Application of the Guarantee
8.4.1 Case of BtoC customers who bought directly from PKparis
Customers who have bought directly from PKparis are the ones who placed an order on the PKparis website or over a marketplace where the seller is explicitly PKparis.
Before submitting your hardware to warranty service, it is your responsibility to make a backup on a separate support, of all data stored in the product. In no event will PKparis be responsible for loss of data.
Concerning the shipping of the hardware, refer to the recommendations provided in article 8.4.4 of these conditions.
To implement this warranty, you must contact PKparis at support@PKparis.com
Then, you will be given a return authorization number. And you have a period of one week (from the date this number was sent by PKparis) to return the product to PKparis.
Products must be returned in the condition in which you have received them – with all the elements (accessories, packaging, manuals, etc.) – to the following address: PKparis Support, C/O Creative Valley, 11 rue Carnot 94270 Le Kremlin-Bicêtre – France.
If it turns out that the product is free from defects, PKparis reserves the right to refuse the implementation of the guarantee and return the product to you, which means neither an exchange nor a refund will be provided.
8.4.2 Information Relative to Return to RMA
When a customer sends back its product to PKparis via RMA, and the defect is recognized, PKparis will repair or exchange the product, if still under warranty.
Once the product is shipped, it is guaranteed for 6 months maximum after the end of the first purchase guarantee (2-year guarantee, and until 2.5 years max if RMA). The guarantee starts the day when PKparis sent the new product, not the date of receipt by customer.
If there is more than 6 months of guarantee left on the old guarantee, PKparis will take into account the initial date of the guarantee's expiration. If there is less than 6 months left for the guarantee, PKparis will increase the period of guarantee by x months from the date of dispatch of the new product: If referral of the product is 4 months before the end of the guarantee, increase of the guarantee is by 2 months after the initial date. If referral is 3 months before the end of the guarantee, increase of the guarantee is by 3 months.
8.4.3 In Case of BtoC Customers who bought via a reseller (web or shop)
The BtoC Customers must directly deal with the reseller and assert their rightful guarantees within the terms and conditions set by said reseller. In any case, PKparis may still be approached directly for claims.
8.4.4 Advice Regarding the Shipment of the Product for Return
- Data storage - Before sending your product to PKparis, you shall make a backup (on a different digital medium) of every data stored in the product that is about to be sent to PKparis.
- Protective package - We advise you to use the original protective packaging. The material shall be protected with foam, polystyrene or bubble wrap, and must not come into direct contact with the box so that the item would not move in the box. If the material can still move, the package should be improved.
- One at a time - The hardware shall be packed separately, so that one would not collide with another. The best solution is to put each product into a different cardboard and to gather them into one package, whilst protecting the sides.
- Avoiding any blows - You shall handle the material as if it is brand new. We recommend wrapping the product in an antistatic bag. It avoids electrostatic discharges with the electronic components of the product. These discharges can cause additional damages.
8.5 Information About The Battery
Some PKparis products are equipped with batteries that do not have unlimited power and endurance. Thus, the battery life will gradually depreciate during its lifetime. PKparis does not give guarantee for batteries, considering that the depreciation involves varied factors that PKparis cannot control, such as the frequency of the loading / unloading.
- Do not cause a short circuit.
- Do not dismantle the battery or modify its components to avoid crashes.
- Do not throw into the water or fire.
- Do not leave the charging battery without adult supervision. Keep out of reach of children.
- Do not expose the battery to the sun or in a place where the temperature exceeds 60°C.
- Do not charge on top of a flammable base (e.g. on wood, on carpet), inside a vehicle, or next to other flammable objects.
- Do not charge the battery if damaged.
Directions for Use:
- Upon receipt of the battery, charge completely and continuously. It is recommended from the first use to drain the battery to 5% before recharging. Then, you shall avoid draining more than 95% of the battery. It is not necessary to discharge the battery to recharge it.
- The battery should have a constant temperature, between 0 and 45°C when charging (optimal temperature: 20°C).
- Avoid using the battery when charging.
- Avoid charging the device for too long (ideally, charging must be stopped once it reaches 100%).
- It is normal for the battery to lose around 30% of its capacity after 1.5 years of daily use.
- Finally, in case of battery change, do not throw the old battery away. The battery can and must be recycled, and most of the time, supermarkets, hardware stores, and the like collect it for proper disposal.
Article 9. LIABILITY OF PKparis
All products offered by PKparis comply with French legislation and standards applicable in France.
Photos provided by PKparis are for illustrative purposes. For specific characteristics of our products, please refer to their description or contact our customer service.
Products and services sold on the Website are reserved for individuals.
However, to the extent that our products are compatible with performance of professional practice, PKparis will not be held liable for any damages whatsoever resulting from the use for professional liability business. Moreover, in the case of use for a professional activity, PKparis will not be liable for any consequential damages such as lost profits, loss of profits, loss of chance, damage or expense that might arise from the purchase of products. The total or partial inability to use the products, particularly due to hardware incompatibility, can not give rise to any compensation or reimbursement or liability due to PKparis.
9.2 Force majeure - without customers
PKparis is not responsible in case of force majeure or fault of the customer, as defined in this section:
9.2.1 Force majeure
Providing the Conditions, it will be considered as a force majeure every impediment, limitation or disruption caused by fire, epidemic, explosion, earthquakes, collapse of facilities, flood, power failure, war, embargo, law, injunction, requisition, strike, boycott or any other circumstances out of the reasonable control of PKparis. In such circumpstances, PKparis won't be compelled to execute its obligations in the limits of this impediment.
9.2.2 Customer's failure
According to these Conditions, it will be considered as a Customer failure, any bad use of the product, mistake, negligence, omission, or default on the part of the Customer, or of its employees, and non compliance with the advice given by PKparis.
Article 10. INTELLECTUAL PROPERTY - BRAND
10.1 PKparis Intellectual Property Rights
Photograph, texts, references, drawing and graphics, or any other component of the Products are the exclusive property of PKparis, if protected by copyrights, trademark law, patents, or any other intellectual property rights.
The rights are reserved for all countries .Any concession of these rights can not take place without the prior written consent of PKparis.
Nothing in this Agreement shall be construed as a waiver by PKparis to enforce its rights to intellectual property. PKparis makes no guarantee regarding the intellectual properties of the product other than those owned, excluding the guatatee of eviction by a third party. In case where an infringement action is brought against the Customer, it will not call in warranty PKparis or in recourse action.
10.2 Branding of Products
The Customer may not modify or alter the products or their packaging, except with the prior written consent of PKparis. The Customer may not modify or delete the particular characteristics of PKparis affixed to products or their packaging.
The Customer agrees to make every effort to respect the quality of the brand products regarding their high quality and technology.
Thus, the Customer ensures to present positively the products on sale in order to promote through a commercial approach and the maintenance of the adequate packaging, color codes, and product specifications. The Customer agrees to make its customers enforce the obligation to respect the brand of products. The Customer shall assume responsibility to PKparis for non compliance with this obligation by its own customers.
Article 11. TRAFFIC AGREEMENT FOR BtoB CUSTOMERS
11.1 Assignmention Contract
The customer may not assign its rights and obligations under this contact to a third party without the prior written consent of PKparis.
11.2 Lease management
In case the customer would finance the management of its lease, it undertakes to respect the obligations under the contract.
However, the Customer will remain jointly and severally responsible for the performance of all obligations under the contract, regardless of the terms of the rental management contract.
11.3 Transfer of funds
If there is a voluntary or involuntary transfer, the customer agrees to notify PKparis at least 15 days before the realisation and, unless renunciation, the contract buyer.
Article 12. GENERAL PROVISIONS
12.1 Applicable Law - Litigation
These Conditions are governed by French Law. Disputes arising in connection with the execution of these Terms and Conditions before any legal action will be subject to the discretion of the PKparis for a friendly settlement. In case of dispute with an operator customer, the courts of the jurisdiction of PKparis head office will have exclusive jurisdiction.
All Customer's actions on this contract and its consequences will be prescribed after one year from the occurence of the event.
12.3 Non Waiver
In any case, the fact that PKparis refrains from claiming the performance of an obligation to which it is entitled may be construed as a waiver of the execution of that obligation, regardless of the duration of his forbearance or tolerance.
If any provision of these Conditions is declared invalid by a court, such invalidity shall not invalidate the remaining provisions, which continue to produce their effect.
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