GENERAL TERMS AND CONDITIONS OF SALE
ALIZEY TECHNOLOGY (SIRET : 45287310200027) is a SAS with a capital of 108.000€, located at 97-109 rue des Frères Lumière in Neuilly Sur Marne in France, depositary of the brand "Kare Screen" and named if after "the Seller".
The present general conditions of sale apply exclusively to all natural persons or legal entities making a purchase through the Kare Screen Site.
These general terms of sale are expressly accepted for all products sold on kare-screen.com without reservation by the customer who acknowledges having read them prior to ordering on the site. They will prevail, if necessary, over any contradictory document and all other conditions are only binding on ALIZEY TECHNOLOGY after written confirmation from him.
These conditions are subject to change at any time and without notice, the applicable conditions are those in force on the site at the date of the order.
The customer furthermore declares that he has full legal capacity enabling him to commit himself under these General Terms and Conditions of Sale. The customer also declares to be informed that the present General Terms and Conditions of Sale do not require a handwritten signature to be accepted once he has validated his order online.
The information given on this website, as well as the products whose sale is put online, can be modified by ALIZEY TECHNOLOGY without notice, it being specified that these modifications will only apply to subsequent orders.
In order to improve the quality of our products, we reserve the right to modify, at any time and without notice, the technical characteristics of our articles.
Any reproduction or representation, even partial, by any process whatsoever, of the pages of our site and made without the authorization of our company is illegal and constitutes an infringement.
Creation of a customer account
Any natural person wishing to place an order on the Site must create a customer account.
When creating his account, the Customer must provide the elements requested. He undertakes, in this respect, to provide only accurate information and to inform ALIZEY TECHNOLOGY of any change that could affect them thereafter, by sending, without delay, an email to the address firstname.lastname@example.org.
The Customer undertakes to keep secret and not to disclose to anyone the login and password created when opening his account. He is solely responsible for the use of the Site made with his login and password. In case of fraudulent use of his identifiers and/or password, the Customer undertakes to inform ALIZEY TECHNOLOGY, without delay, by email at email@example.com.
Ordering on the Site
The Products offered for sale are described and presented as accurately as possible. However, ALIZEY TECHNOLOGY shall not be held liable for any trivial variations in the presentation of the Products and shall not affect the validity of the sale. ALIZEY TECHNOLOGY reserves the right to correct the content of the site.
After having selected the product(s) that the Buyer wishes to buy in his shopping cart, the content of which he can modify at any time, a reminder of the content of the order is proposed to the Buyer.
The Purchaser confirms his/her acceptance of his/her order by ticking the box for validation of the GCS. The contract is then validly concluded between ALIZEY TECHNOLOGY and the Buyer.
The Buyer proceeds to the payment of his order, by using one of the payment solutions proposed to him.
The online order is valid for a maximum amount of 500 euros HT. Beyond this amount, the Purchaser is invited to fill in the contact forms provided for this purpose to make his order by bank transfer.
To proceed with payment, the Purchaser enters the delivery details of the Product(s) and, if different, the invoicing details.
The Purchaser must ensure that this information is correct and that it remains so until complete delivery of the Product(s) ordered. The Customer therefore undertakes to inform ALIZEY TECHNOLOGY of any change in billing and/or delivery details that may occur between the order and the delivery, by sending, without delay, an email to the address firstname.lastname@example.org. Failing this, in case of delay and/or delivery error, all expenses incurred for the reshipment of the said Product(s) will be charged to the Buyer.
ALIZEY TECHNOLOGY will send an order confirmation by email to the Buyer.
ALIZEY TECHNOLOGY reserves the right to cancel any order from a Buyer with whom there is a dispute regarding the payment of a previous order.
The price is expressed in euros excluding VAT. The price indicated on the product sheets does not include transport.
In France, the amount of VAT is 20% of the indicated price. The Buyer will have to pay the VAT in force in the country of destination.
If no intra-community VAT number is indicated, the amount of VAT to be paid will automatically be that of France at 20%.
Payment / Shipping costs / Delivery
Unless otherwise stated on the reverse, prices and terms of payment are EXW, ex warehouse, from Neuilly Sur Marne (France). Unless otherwise specifically agreed in writing by the Seller, invoices are payable in cash before each delivery. Any claim shall be addressed to the Seller within fourteen (14) days after receipt of the invoice by the Buyer. After such time, Buyer shall be deemed to have waived all rights of claim in respect thereof. Buyer shall pay and bear all taxes and duties of any kind, present or future, due directly or indirectly, on the sale of the products by Seller or the cost of their transportation.
Unless otherwise specified in writing, the deadlines are given as an indication. A late delivery can never give rise to any compensation whatsoever.
The handing over of the products to the carrier will be considered to be equivalent to delivery to the Buyer. The products will be transported at the Buyer's risk. All shipping and delivery costs will be borne by the Purchaser. Any dispute regarding alleged missing products, damage occurring after delivery to the carrier, or increases in transportation costs will be addressed by the Buyer directly to the carrier.
In the event of non-payment of an invoice on its due date, the amount shall bear interest at a rate of 12%, ipso jure and without notice of default, from the date it becomes due. In addition, the Buyer shall pay the Seller a contractual indemnity of 20%, calculated on the total amount of the invoice, with a minimum of 100 euros.
The Seller reserves the right either to refuse to deliver or to require prior payment of all orders or parts of orders if the solvency of the Buyer proves insufficient or no longer sufficient, if the Buyer fails to pay its invoices when due, or if the Buyer does not comply with the Seller's instructions. If Seller refuses to deliver for any of the foregoing reasons, Buyer shall bear the cost of the work already performed, in whole or in part, up to the amount provided for in Article 2.b, above, relating to order cancellations.
The products will be invoiced to the Buyer, either on the date of their shipment or on the date on which they are made available to the Buyer on the Seller's site in Neuilly Sur Marne, France, if the Buyer has not made known its delivery instructions.
The Seller's obligations shall be cancelled by operation of law and without compensation in the event of the occurrence of an event beyond its reasonable control or in the event of force majeure preventing the normal performance of its obligations. It is expressly agreed that strikes, lockouts, fire, natural disasters, damage to installations, riots and war, affecting the Seller, its suppliers or carriers, even partially, constitute force majeure, whatever their cause.
Delivery is carried out by DPD. The costs are fixed and are 30€ for France and 50€ for the other member countries of the European Union (Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom).
Delivery times vary between 2 and 7 working days.
In the event of a claim by the Buyer, the Buyer shall inform the Seller by registered mail within fifteen (15) days following delivery (ALIZEY TECHNOLOGY 97-109 rue des Frères Lumière 93330 Neuilly Sur Marne, France) and, in any case, before using the products. The Seller reserves the right to ask the Buyer to return the disputed products or to put them at his disposal so that he can dispose of them as he pleases.
ALIZEY TECHNOLOGY implements all measures to ensure the Buyer the supply, in optimal conditions, of quality Products. However, ALIZEY TECHNOLOGY cannot be held liable for any non-performance or poor performance of all or part of the services provided for in the contract, which would be attributable either to the Buyer, or to the unforeseeable and insurmountable fact of a third party not involved in the contract, or to a case of force majeure. More generally, if ALIZEY TECHNOLOGY's responsibility were to be engaged, it could in no case accept to compensate the customer for indirect damages or whose existence and/or quantum would not be established by evidence.
ALIZEY TECHNOLOGY ensures the proper functioning of the Site, but cannot in any way guarantee that it will be free of anomalies or errors or that it will function without interruption. Therefore, it cannot be held responsible for any type of damage resulting from the use or the total or partial impossibility to use the Site. Similarly, ALIZEY TECHNOLOGY disclaims any responsibility for the content of third party websites accessible by hypertext links that may be present on the Site.
Warranties & Returns
Seller warrants the products delivered against defects in workmanship and the use of defective materials for the periods stipulated in the specification/technical notice thereof. The products shall be free of all liens and encumbrances upon shipment to Buyer. The foregoing warranty shall not be extended or modified, and no obligation or liability whatsoever shall arise from Seller's provision of system studies, drawings, technical advice, services or instructions relating to the products delivered hereunder. This warranty is the only warranty given by Seller and may only be modified by a written document duly signed by an authorized representative of Seller. If Seller's products are found to be defective, Buyer's sole remedy shall be to obtain from Seller, at Seller's option, repair or replace such products or credit Buyer's account with the price of such products and accept their return.
Notwithstanding the foregoing, Seller shall not be responsible or liable for any expenses, liabilities or losses relating to the installation or removal of the products, the installation of replacement products or any inspection, testing or redesign following any defect or repair and replacement of the products. Seller's obligations are further subject to the condition that Seller shall have no liability for any defect unless (1) Seller receives written notice from Buyer promptly (and in any event within 30 days) after discovery of the alleged defect, which notice shall be accompanied by a detailed explanation of the alleged defect, (2) the products with the alleged defect shall be immediately returned to Seller, FOB to Seller's site, and (3) Seller's examination of such products shall reveal to Seller's satisfaction that the alleged defect does in fact exist and occurred during correct and normal use and was not caused by accident, misuse, negligence, alteration or improper installation, repair or testing. In addition, Buyer agrees that Seller shall not be liable for any special, incidental, direct or indirect damages or for any loss or loss of profit in connection with any defect, even if Seller has been advised of the possibility of such loss or damage, nor for any damage to property or persons, whether claimed by Buyer or a third party.
If products are found to be defective and Seller elects to repair or replace them, Seller shall have a reasonable period of time to effect repair or replacement. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR COMPLIANCE WITH ANY OTHER OBLIGATION BY SELLER.
Buyer shall be responsible for determining, on the basis of the most recent written technical data, the suitability of the products and any system design or drawings for the intended use and their compliance with applicable laws, regulations, codes and standards, and Buyer assumes all risks related thereto.
The products will become the property of the Buyer after full payment of the agreed price. Wherever they are located, the products shall remain movable property and the Seller may freely dispose of them in whole or in part in the event of the Buyer's failure to meet its contractual obligations.
All the special terms and conditions of sale annexed to this contract are hereby incorporated herein and have the same effect as if they had been included in their entirety. In the event that any provision of these terms and conditions is invalid or unenforceable, the remaining provisions shall remain in effect and the invalid or unenforceable provision shall be replaced by another valid provision that comes as close as possible to the commercial purpose of the replaced provision.
The Seller shall be entitled to deliver and invoice a quantity of products that is smaller or larger - with a maximum tolerance of 10% - than the specific quantity ordered, unless otherwise expressly stipulated in this agreement.
The issue of negotiable instruments in payment of invoices issued by the Seller shall not result in the novation of this sales contract.
Due to the nature of the product (antimicrobial protective film), the usual right of return cannot be exercised.
We do not accept returns or refunds of items that have already been used or unpacked, outside of their original packaging.
A film that has already been applied or whose application has not been carried out correctly and which has damaged the film cannot be returned or refunded.
Please take all necessary precautions before applying the film.
The application can be carried out by our services for an additional application fee.
This contract is governed by French law. In the event of litigation, the Commercial Court of Bobigny shall have jurisdiction for any dispute that may arise between the parties, even in the case of summary proceedings, appeal in guarantee or plurality of defendants, with application of French law.