Terms of Service
Preamble
By visiting our Site and/or purchasing something from our company, you are taking part in our "Service" and agree to be bound by the following terms and conditions ("Terms and Conditions", "Terms of Use"), including the terms, conditions and policies referenced herein. These Terms of Use apply to all users of the Site, including, but not limited to, individuals who are visitors, suppliers, customers, merchants and/or content providers.
By accessing or using any part of the Site, you agree to be bound by these Terms of Use. If you do not agree to all of the terms and conditions of this agreement, you may not be able to access the website or use its services. If these Terms of Use are considered an offer, acceptance is expressly limited to them.
Each new tool or feature that is added to this store is also subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, modify or replace any part of these Terms of Use by posting such updates and/or modifications on our website. It is your responsibility to check this page from time to time for changes. Your continued access or use of the website following the posting of changes will constitute your acceptance of those changes.
By accepting these Terms of Use, you represent that you are at or above the age of majority in your jurisdiction and that you have given us permission to allow any minor in your care to use this site.
You must not use our products for any illegal or unauthorized purpose, or violate any laws in your jurisdiction when using the Service (including, without limitation, copyright laws).
You may not transmit any worms, viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in immediate termination of your Services.
These Terms and Conditions apply to all sales made through the website
The contact information for the company is as follows:
- Our website link:
- Company name:
GFK TRADE
- Postal address in EUROPE:
60 RUE FRANCOIS 1ER 75008 PARIS
- Phone number in EUROPE:
+33 6 52 90 34 77
- Company number :
PARIS B 949216766
- Postal address in AMERICA:
1207 DELAWARE AVE #1956 WILMINGTON, DE 19806
- Phone number in AMERICA:
+1 689-267-3705
- Email address:
support@karnems.com
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products are presented in the Seller's catalogs. The photographs and graphics presented are not contractual and shall not engage the responsibility of the Seller. The Customer must refer to the description of each Product in order to know its properties and essential characteristics.
Product offers are subject to availability.
In accordance with the preliminary article of the code of consumption: Any digital content is understood as: any tangible personal property which integrates a digital content or a digital service or which is interconnected with such a content or such a service, in such a way that the absence of this digital content or of this digital service would prevent the good from fulfilling its functions.
The customer declares that he/she has read and accepted the general terms and conditions of sale prior to placing the order. The validation of the order is thus worth acceptance of the general conditions of sale.
Article 1 - Principles
The present general conditions express the entirety of the obligations of the parties. In this sense, the customer is deemed to accept them without reservation.
The present general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or by means of marketing or other distribution channels.
They are accessible on the website https://www.karnems.com and will prevail, if necessary, on any other version or any other contradictory document.
The buyer and the seller agree that the present general conditions govern their relationship exclusively. The seller reserves the right to modify its general conditions from time to time, which will be applicable as soon as they are put online.
If a condition of sale were to be lacking, it would be considered to be governed by the customs in force in the sector of the remote sale whose companies have their seat in France.
Article 2 - Content
Object. The present general conditions have for object to define the rights and obligations of the parts within the framework of the on-line sale of goods proposed by the salesman to the purchaser, from the Internet site https://www.karnems.com.
Capacity. The use of the site to place an order presumes the and acceptance of all the terms of these general conditions. The Customer declares to be of age and able to contract under the law of his country or declares to represent, under a valid mandate, the person for whom he makes the order.
Acceptance of the GTC.
The present general terms and conditions of sale (hereinafter the "GTC" or "general terms and conditions") apply, without restriction or reserve, to all sales concluded by the Company with professional or non-professional customers (hereinafter the "Customer") on the site https://www.karnems.com and any associated domains and sub-domains (hereinafter the "Site").
Preliminary remark: Any use of the sites and platforms to benefit from the Service supposes the acceptance and the respect of all the terms of the present General Conditions.
The Customer declares that he/she has read the General Terms and Conditions of Sale and has accepted them before any purchase, which implies unreserved acceptance of these General Terms and Conditions of Sale. By this acceptance, the customer acknowledges that he has benefited from sufficient information and advice from the company prior to any order, allowing him to ensure the adequacy of the content of his order to his needs. The present general conditions constitute the entirety of the rights and obligations of the parties within the framework of their contractual relationship.
Unless proven otherwise, the data recorded by the Site constitutes proof of all facts, acceptance and transactions.
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the website https://www.karnems.com.
Article 3 - The order
The buyer has the possibility to place his order online, from the online catalog and by means of the form which appears there, for any product, within the limit of available stocks.
The buyer will be informed of any unavailability of the product or good ordered.
For the order to be validated, the buyer will have to accept, by clicking on the indicated place, the present general conditions. He will also have to choose the address and the mode of delivery, and finally validate the mode of payment.
The sale will be considered final :
- after the sending to the buyer of the confirmation of the acceptance of the order by the salesman by electronic mail;
- and after collection by the seller of the full price.
Any order implies acceptance of the prices and the description of the products available for sale. Any dispute on this point will intervene within the framework of a possible exchange and the guarantees mentioned below.
In certain cases, notably non-payment, erroneous address or other problems on the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.
For any question related to the follow-up of an order, the buyer can send an email to the seller at the following address :support@karnems.com
Write to us by email at support@karnems.com every day 24/7 or call the following phone number: +33 6 52 90 34 77 in Europe and +1 689-267-3705 in America
from Monday to Friday from 10am to 12pm and from 2pm to 4pm.
The digitized registers, kept in the company's computer systems under reasonable security conditions, will be considered as proof of the communications, orders and payments made between the parties. The archiving of purchase orders and invoices is made on a reliable and durable medium that can be produced as evidence.
The transfer of ownership of the Vendor's Products to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of the Products.
The transfer of risks is carried out from the Seller to the Customer at the moment the Customer takes physical possession of the goods; however, if the Customer selects the carrier himself, in this case the transfer of risks is carried out at the moment the Seller hands over the goods ordered to the carrier selected by the Customer.
The Customer therefore acknowledges that it is the carrier's responsibility to make the delivery and shall have no recourse against the Seller in the event of failure to deliver the goods transported.
Article 4 - Pre-contractual information
The Customer acknowledges having been informed by the Vendor in a legible and comprehensible manner, by means of the provision of these General Terms and Conditions of Sale, prior to his immediate purchase or the placing of the order and in accordance with the provisions of Article L 221-5 of the French Consumer Code :
- on the essential characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity enabling him/her to acquire the Products with full knowledge of the facts, in particular with regard to their conditions of use.
The photographs and graphics presented are not contractual and shall not engage the responsibility of the Seller. The Customer is required to refer to the description of each Product in order to know the properties and the essential characteristics
- on the price of the Products and the application of a personalized price on the basis of an automated decision making process and related costs or, in the absence of payment of a price, on any advantage provided instead of or in addition to the latter and on the nature of this advantage;
- on the terms of payment, delivery and performance of the sales contract;
- in the absence of immediate execution of the sale, on the delivery times of the ordered Products;
- on the identity of the Seller and all of its contact information;
- on the existence and the methods of implementation of the guarantees (the legal guarantee of conformity, guarantee of the hidden defects, possible commercial guarantees) and if necessary, on the after-sales service;
- on the possibility of having recourse to a consumer mediator, whose contact details appear in the present General Conditions of Sale, under the conditions provided for in the Consumer Code
- on the right of withdrawal (existence, conditions, time limit, methods of exercising this right and standard withdrawal form), the methods of cancellation, the handling of complaints and other important contractual conditions and, where applicable, on the costs of using the remote communication technique, the existence of codes of good conduct and financial deposits and guarantees;
- on the accepted means of payment.
The fact that a Customer places an order on the website "https://www.karnems.com" implies full and complete acceptance of these General Terms and Conditions of Sale and the obligation to pay for the Products ordered, which is expressly recognized by the Customer, who waives, in particular, the right to invoke any contradictory document, which would be unenforceable against the Vendor.
Article 5 - Electronic signature
The online provision of the buyer's credit card number and the final validation of the order will be worth proof of the buyer's agreement:
- Payability of the sums due under the purchase order;
- signature and express acceptance of all operations carried out.
In case of fraudulent use of the credit card, the buyer is invited, as soon as this use is noticed, to contact the seller at the following email address support@karnems.com
Article 6 - Order confirmation
The seller provides the buyer with an order confirmation by e-mail once the payment is made.
Article 7 - Proof of the transaction
The computerized registers, kept in the computer systems of the seller in reasonable conditions of security, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is made on a reliable and durable support that can be produced as evidence.
Article 8 - Information on the products
The main characteristics of the Products, including all the substantial information required by the applicable regulations and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the website "Indicate website" in the product sheets and the Seller's catalog.
The Customer is obliged to read them before placing an order.
The choice and purchase of a Product are the sole responsibility of the Customer.
The photographs and graphics presented on the website "https://www.karnems.com" are not contractual and do not engage the responsibility of the Seller.
The Customer must refer to the description of each Product in order to know its properties, essential characteristics and delivery times, as well as, in the case of continuous or periodic supply of a good, the minimum duration of the proposed contract.
The contractual information is presented in French and is subject to confirmation at the latest at the time of validation of the order by the Customer.
Product offers are subject to availability, as specified when the order is placed.
Article 9 - Pricing conditions
The seller reserves the right to modify its prices at any time, but undertakes to apply the prices in force at the time of the order, subject to availability on that date.
The prices are indicated in Euros, in US dollars or in other currencies depending on the buyer's country.
The customer buying a product sold all taxes included (TTC) will see a price taking into account the VAT applicable on the day of the purchase of the product. Any change in the applicable VAT rate will be reflected in the price of the products. If the company benefits from a VAT exemption, it can legitimately invoice its products without tax (HT).
In the event that a customer located in a country of the European Union would be claimed the payment of the VAT to receive his order, this last one will have to inform the salesman before paying the sums claimed by the conveyor or with the customs administration, so that it can legitimately release the situation for the customer.
If the customer has nevertheless paid customs clearance fees such as VAT, customs duties or other processing fees, the customer may request a refund of only the VAT and customs duties, provided that the customer provides admissible proof of such payment.
For purchases destined for countries outside the European Union, the customer will be responsible for any import costs such as VAT or customs duties. The seller cannot be held responsible for any additional costs related to customs clearance or other import fees.
Article 10 - Method of payment
It is an order with obligation of payment, which means that the placing of the order implies a payment of the buyer.
To pay his order, the buyer has, at his choice, all the payment methods made available by the seller and listed on the site of the seller. The purchaser guarantees to the salesman that he has the authorizations possibly necessary to use the method of payment chosen by him, at the time of the validation of the purchase order. The seller reserves the right to suspend any order processing and any delivery in case of refusal of authorization of payment by credit card from the officially accredited organizations or in case of non-payment. The seller reserves the right to refuse to make a delivery or to honor an order from a buyer who has not paid in full or in part a previous order or with whom a payment dispute is being administered.
The payment of the price is carried out in totality at the day of the order, according to the following methods:
- Paypal
- Credit card (Visa, Mastercard, etc)
- Shopify payments
Special Offers and Coupons. The company reserves the right to offer limited-time introductory offers, promotional offers or price reductions on its products and to revise its offers and prices on the site at any time, under the conditions provided for by law. The applicable rates are those in effect at the time of purchase of the product by the customer, who cannot take advantage of other rates, prior or subsequent to his purchase. Vouchers may be subject to special conditions and remain strictly personal to their beneficiary and can only be used once.
In case of payment incident and/or fraud. The company reserves the right to suspend any processing of the Order and any delivery in the event of non-payment or refusal to authorize payment by credit card by the officially accredited organizations. The company reserves the right to refuse to honour any order placed by a client who has not paid in full or in part for a previous order or with whom a payment dispute is underway.
The company will be able to contact the customer to ask for additional documents to execute the payment of the order.
The company may rely on the information provided by the order analysis system. The provision of the requested documents is necessary for the confirmation of the order by the company. In order to fight against credit card fraud, a visual verification of the means of payment may be performed by the company before delivering the product. In case of fraudulent use of his credit card, the customer is invited, as soon as this use is noticed, to contact the company, and this without prejudice to the steps to be taken by the customer with his bank.
Default or delay in payment. The interests and penalties provided by the law apply in case of default or delay of payment of the Customer consumer or professional.
The payment can be done 4 times depending on the conditions of our payment partners.
The payment of the totality of a fixed price several times proposed by the company to the customer is not a payment without commitment or a monthly subscription. It is a payment schedule for the product price.
The price corresponding to the sum of the installments is due, regardless of the number of payments envisaged and the price of the product.
Any payment in installments provided for at the time of the order does not constitute a credit or micro credit. When payment in installments is offered, the first installment is paid on the day of the order and subsequent installments with an interval of one month (unless otherwise stated).
Thus, the customer guarantees the validity of the banking information provided until the last scheduled payment date. The company reserves the right to refuse an order with payment in several installments if the bank card expires before the last scheduled payment or in the event that the secure payment service provider objects.
Article 11 - Availability of products - Refund - Resolution
Except in cases of force majeure or during periods of closure of the online store that will be clearly announced on the homepage of the site, the shipping times will be, within the limits of available stocks, those indicated below. The delivery time starts from the date of registration of the order indicated on the order confirmation email.
Delivery terms will be specified to the buyer on a case-by-case basis.
In case of non-compliance with the agreed delivery date or deadline, the buyer shall, before breaking the contract, instruct the seller to execute the contract within a reasonable additional period.
If the Seller fails to do so within such a further period, the Buyer shall be free to withdraw from the contract.
The purchaser must complete these successive formalities by registered letter with acknowledgement of receipt or by a written document on another durable medium.
The contract will be considered terminated upon receipt by the seller of the letter or writing informing him of this termination, unless the professional has performed in the meantime.
The buyer may however immediately cancel the contract, if the dates or deadlines mentioned above constitute for him an essential condition of the contract.
In this case, when the contract is cancelled, the seller is obliged to reimburse the buyer for the totality of the sums paid, at the latest within 14 days of the date on which the contract was cancelled.
In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the possibility to cancel his order. The buyer will then have the choice of requesting either a refund of the sums paid within 14 days at the latest of their payment, or the exchange of the product.
Article 12 - Terms of delivery
The delivery means the transfer to the consumer of the physical possession or control of the good. The ordered products are delivered to the purchaser by the supplier of the salesman according to the methods and the time specified above.
The products are delivered to the address indicated by the purchaser on the purchase order within a maximum of 15 working days. The purchaser must therefore ensure that the delivery address is correct. The delivery costs are at the charge of the seller.
Any package returned to the seller because of an erroneous or incomplete delivery address will be reshipped at the buyer's expense unless this error is the seller's fault. The buyer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
In case of delay of delivery for any reason, the buyer will be informed by the seller.
If the buyer is absent on the day of delivery, the delivery man will leave a notice of passage in the mailbox, which will allow to withdraw the parcel at the place and time indicated.
If at the time of delivery, the original packaging is damaged, torn, opened, the buyer must check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery slip (package refused because it is open or damaged).
The buyer must indicate on the delivery form and in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery form, damaged packages, broken products ...).
This verification is considered to have been carried out as soon as the buyer or a person authorized by him has signed the delivery note.
The buyer will then have to confirm by registered mail these reserves to the carrier at the latest in the two working days following the reception of the articles and to transmit a copy of this mail by fax or simple mail to the salesman to the address indicated in the legal mentions of the site.
If the products need to be returned to the seller, they must be the subject of a request for return to the seller within 14 days of delivery. Any claim made outside of this period will not be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions...).
The products are to be sent back to the following address:
AMERICA
Karnem's, shop of GFK TRADE
1207 DELAWARE AVE #1956 WILMINGTON, DE 19806
EUROPE:
Karnem's, shop of GFK TRADE
60 RUE FRANCOIS 1ER 75008 PARIS
The products are offered with the sale and delivered within the limit of stocks available. In the event of unavailability of the ordered product, the customer will be immediately informed by the company which will be able to propose to him a product of a quality and an equivalent price or, with defect, will proceed to the refunding of the order if the Customer is a consumer. Apart from the reimbursement of the price of the unavailable product, the company is not required to pay any compensation for cancellation, unless the non-performance of the contract is personally attributable to it.
Article 13 - Delivery errors
The purchaser shall make any claim of error of delivery to the seller during the legal period of withdrawal mentioned in these general terms of sale or, if provided for, in accordance with the contractually determined period within the framework of a commercial guarantee present within these GTC. Any claim made beyond this period will be rejected.
The claim can be made:
- by e-mail to the following address: support@karnems.com
Any complaint not made in the rules defined above and within the time limits could not be taken into account and will release the salesman from any responsibility towards the purchaser.
Upon receipt of the claim, the seller will assign an exchange number for the product(s) concerned and will communicate it by e-mail to the buyer. The exchange of a product can only take place after the attribution of the exchange number.
Article 14 - Guarantee of the products
14-1 Legal guarantee of conformity
The Seller undertakes to deliver a good in conformity with the contractual description as well as with the criteria stated in the article L217-5 of the code of the consumption
The Seller shall be liable for defects in conformity existing at the time of delivery of the Products and which appear within two years from the date of delivery.
This warranty period applies without prejudice to Articles 2224 and following of the Civil Code, the statute of limitations starting to run on the day the Customer becomes aware of the lack of conformity.
Defects of conformity which appear within a period of twenty-four months or twelve months in the case of second-hand goods as from the delivery of the Products, are, unless proven otherwise, presumed to exist at the time of delivery.
In the event of a lack of conformity, the Customer may demand that the delivered Products be repaired or replaced or, failing that, that the price be reduced or that the sale be terminated, in accordance with the law.
The Customer may also suspend the payment of all or part of the price or the remittance of the benefit provided for in the contract until the Seller has fulfilled its obligations under the legal guarantee of conformity, under the conditions of Articles 1219 and 1220 of the Civil Code.
It is the Customer's responsibility to request that the Seller bring the Products into conformity, choosing between repair and replacement. The goods shall be brought into conformity within a period not exceeding thirty days following the Customer's request.
Repair or replacement of the non-conforming Product shall include, if applicable, removal and return of the Product and installation of the conformed or replaced Product.
Any Product brought into conformity within the framework of the legal guarantee of conformity benefits from an extension of this guarantee of six months.
In the event of replacement of the non-conforming Product when, despite the Customer's choice, the Seller has not brought the Product into conformity, the replacement shall give rise to a new period of legal guarantee of conformity for the benefit of the Customer, starting from the delivery of the replaced Product.
If the requested compliance is impossible or involves disproportionate costs under the conditions provided for in Article L 217-12 of the Consumer Code, the Seller may refuse to comply. If the conditions provided for in Article L 217-12 of the Consumer Code are not met, the Customer may, after formal notice, pursue compulsory execution in kind of the solution initially requested, in accordance with Articles 1221 et seq. of the Civil Code.
Finally, the Customer may demand a price reduction or the cancellation of the sale (except if the lack of conformity is minor) in the cases provided for in Article L 217-14 of the Consumer Code.
When the lack of conformity is so serious that it justifies the reduction of the price or the immediate cancellation of the sale, the Customer is then not obliged to ask first for the repair or the replacement of the non-conforming Product.
The reduction of the price is proportional to the difference between the value of the delivered Product and the value of this good in the absence of the lack of conformity.
In case of cancellation of the sale, the Customer shall be reimbursed the price paid in exchange for the return of the non-conforming Products to the Seller, at the latter's expense.
The refund shall be made upon receipt of the non-conforming Product or proof of its return by the Customer and at the latest within fourteen days thereafter, using the same means of payment as the one used by the Customer at the time of payment, unless the Customer expressly agrees otherwise and in any event without additional charge.
The foregoing provisions are without prejudice to the possible allocation of damages to the Customer, due to the prejudice suffered by the latter because of the lack of conformity.
14-2 Legal guarantee against hidden defects
In accordance with articles 1641 and following of the Civil Code, the seller is responsible for any hidden defects that may affect the goods sold. It is up to the buyer to prove that the defects existed at the time of the sale of the goods and are such as to render the goods unfit for the purpose for which they were intended. This guarantee must be implemented within two years from the discovery of the defect.
The buyer can choose between the resolution of the sale or a reduction of the price in accordance with Article 1644 of the Civil Code.
Article 15 - Right of withdrawal
Application of the right of withdrawal
The buyer has a period of 14 days from the date of delivery of his order, to return any item that does not suit him and ask for an exchange or refund without penalty, except for the return costs which remain the responsibility of the buyer.
The returns are to be made in their original condition and complete (packaging, accessories, instructions ...) allowing their remarketing in new condition, accompanied by the purchase invoice.
The damaged, soiled or incomplete products are not taken back.
The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this case, an acknowledgement of receipt on a durable medium will be immediately communicated to the buyer. Any other method of declaration of withdrawal is accepted. It must be unambiguous and express the will to withdraw.
In case of exercising the right of withdrawal within the above-mentioned period, the customer must notify his right of withdrawal
by e-mail to the following address: support@karnems.com
The price of the product(s) purchased and the shipping costs are refunded.
The return costs are at the expense of the buyer.
The exchange (subject to availability) or refund will be made within 20 days of receipt by the seller of the products returned by the buyer under the conditions provided above.
Exceptions
According to Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts :
- supply of goods whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;
- supply of goods made to the specifications of the consumer or clearly personalized;
- the supply of goods that are likely to deteriorate or expire rapidly;
- the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
- the supply of goods which, after delivery and by their nature, are inseparably mixed with other articles;
- the supply of alcoholic beverages whose delivery is delayed beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the trader;
- maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to meet the emergency;
- supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
- the supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
- supply of digital content not provided on a physical medium whose execution has begun after prior express agreement of the consumer and express waiver of his right of withdrawal.
The company is not obliged to reimburse additional costs if the consumer has expressly chosen a more expensive method of delivery than the standard method proposed by the professional.
Article 16 - Force majeure and unforeseen events
All circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations shall be considered as causes of exoneration from the obligations of the parties and shall result in their suspension.
The party invoking the above-mentioned circumstances must immediately notify the other party of their occurrence and of their disappearance.
Will be considered as force majeure all facts or circumstances irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which could not be prevented by the latter, despite all reasonably possible efforts. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the courts and French tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers.
The parties will meet to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure lasts longer than three months, the present general conditions may be terminated by the injured party.
If the case of force majeure, which prevents one of the parties from fulfilling its contractual obligations, lasts for more than 90 days, the party that considers itself to be injured may unilaterally terminate the contract binding it to the other party.
In addition to the cases of force majeure, which may affect the performance of the contracts by one or other of the parties to the sales contract, there is also the hypothesis of unforeseeability, which takes into account the increase in the price of any raw material or any goods or services necessary for the production, manufacture, provision, or shipment of a good sold by the seller, making it impossible, under reasonable conditions, for the seller to continue to offer this good for sale or to perform its contractual obligations. In such a case, the seller shall not be considered as being at the origin of a failure to perform its contractual obligations, and the customer shall not be able to unilaterally terminate the contract without having first, in good faith, attempted to find an amicable solution or renegotiate the contract concluded with the seller. In any case, in case of unforeseen circumstances, the seller cannot be held responsible for any inconvenience, disadvantage or loss of opportunity suffered by the customer.
Article 17 - Intellectual property
The content of the website remains the property of the seller, the only holder of the intellectual property rights on this content.
The buyers commit themselves not to make any use of this content; any total or partial reproduction of this content is strictly forbidden and is likely to constitute an offence of counterfeiting.
Article 18 - Data processing and freedom
The personal data provided by the buyer are necessary for the processing of his order and the establishment of invoices.
They can be communicated to the partners of the salesman in charge of the execution, the treatment, the management and the payment of the orders.
The buyer has a permanent right of access, modification, rectification and opposition regarding the information concerning him. This right can be exercised under the conditions and according to the methods defined on the site https://www.karnems.com
Article 19 - Partial non-validation
If one or more stipulations of the present general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will keep all their force and their scope.
Article 20 - Non-waiver
The fact that one of the parties does not take advantage of a breach by the other party to any of the obligations referred to in these terms and conditions shall not be interpreted for the future as a waiver of the obligation in question.
Article 21 - Title
In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 22 - Language of the contract
The present general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
Article 23 - Mediation and settlement of disputes
The buyer can resort to a conventional mediation, in particular with the Commission of the mediation of consumption or with the existing authorities of sectorial mediation, or with any alternative mode of settlement of the disputes (conciliation, for example) in the event of dispute.
In the event of difficulty in the performance of the Contract, the consumer Customer residing in Europe has the possibility, before taking any legal action, of requesting the assistance of a consumer mediator.
In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent settlement by extrajudicial means of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.
Article 24 - Applicable law
The present general conditions are subject to the application of French law. The competent courts are the French courts.
It is so for the rules of substance as for the rules of form. In case of dispute or claim, the buyer will address in priority to the seller to obtain an amicable solution.
Article 25 - Protection of personal data
Collected data
The personal data that are collected on this site are the following:
- account opening: first names, surnames, payment data, and location data
- connection: when the user connects to the website, it records, in particular, his first names, surnames, data relating to payment, connection data, use and location
- profile: the use of the services provided on the website makes it possible to fill in a profile, which may include an address and a telephone number - payment: within the framework of the payment of the products and services offered on the website, the website records financial data relating to the user's bank account or credit card;
- communication: when the website is used to communicate with other members, data concerning the user's communications are temporarily stored;
- cookies: cookies are used in connection with the use of the website. The user has the possibility to deactivate the cookies from the settings of his browser.
Use of personal data
The personal data collected from users is used to provide and improve the website services and to maintain a secure environment. More specifically, the uses are as follows:
- access and use of the website by the user;
- management of the operation and optimization of the website;
- organizing the conditions of use of the Payment Services;
- verification, identification and authentication of the data transmitted by the user;
- offering the User the possibility of communicating with other users of the Website;
- implementation of user assistance;
- personalization of services by displaying advertisements according to the user's browsing history and preferences;
- prevention and detection of fraud, malicious software and management of security incidents;
- management of possible disputes with users;
- sending commercial and advertising information, according to the user's preferences.
Sharing of personal data with third parties
Personal data may be shared with third-party companies in the following cases:
- when the user uses the payment services, for the implementation of these services, the website is in relation with third party banking and financial companies with which it has contracts;
- when the user publishes, in the free comment areas of the website, information accessible to the public;
- when the user allows a third party's website to access his/her data;
- when the website uses service providers to provide user support, advertising and payment services. These service providers have limited access to the user's data in order to provide these services and are contractually obliged to use it in accordance with the provisions of the applicable regulations on the protection of personal data;
- if required by law, the website may transmit data to follow up on claims against the website and to comply with administrative and judicial proceedings;
- if the website is involved in a merger, acquisition, sale of assets or receivership, it may be required to sell or share all or part of its assets, including personal data. In such a case, users will be notified before any personal data is transferred to a third party.
Transfer of personal data to third parties outside the European Union
Your personal data may be transferred or transmitted to our service providers located in the following countries: Canada, China for example for the processing of your orders.
We undertake to respect the applicable regulations relating to the transfer of data to countries located outside the European Union and in particular according to the following methods:
- We will transfer visitor, prospect and customer data to countries that are recognized as offering an adequate level of protection. In the case of transfers to the United States, to organizations that have joined the Privacy Shield;
- When the country of destination does not benefit from an adequate level of protection, we use transfer tools that comply with the regulations (standard contractual clause of the European Commission, in particular).
In addition, we undertake to (i) ensure that any processor provides sufficient and appropriate contractual guarantees to respect your rights, so that the processing meets the requirements of the GDPR and (ii) comply with the provisions of the GDPR applicable to data transfers.
Based on our legal obligations, your personal data may be disclosed pursuant to a law, regulation or decision of a competent regulatory or judicial authority."
Security and confidentiality
The website implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the Internet.
Implementation of users' rights
In application of the regulations applicable to personal data, users have the following rights, which they can exercise by making their request to the following address: support@karnems.com
- the right of access: they can exercise their right of access, to know the personal data concerning them. In this case, before implementing this right, the website may request proof of the user's identity in order to verify its accuracy.
- the right of rectification: if the personal data held by the website are inaccurate, they can request the update of the information.
- the right to delete data: users may request the deletion of their personal data, in accordance with applicable data protection laws.
- the right to restrict processing: users may request the website to restrict the processing of personal data in accordance with the assumptions set out in the GDPR.
- the right to object to the processing of data: users may object to their data being processed in accordance with the assumptions provided for by the GDPR.
- the right to portability: they can request that the website gives them the personal data provided to it in order to transmit them to a new website.
Changes to this clause
The website reserves the right to make changes to this privacy policy at any time. If a change is made to this privacy policy, the website undertakes to publish the new version on its website. The website will also inform users of the change by e-mail at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he/she has the possibility to delete his/her account.