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Terms and Conditions

Between the company KeyOpsTech, 8 rue Amédée Bonnet 69006 Lyon, with a share capital of 37,000€, registered in the Trade and Companies Register of Lyon B, under the SIRET number 80433266600044, represented by Mr. Olivier MERCURIOT as president, duly authorized for the purposes hereof. 
The company can be reached by email by clicking on the contact form accessible via the home page of the site: https://www.kotscan.com/contact

Hereinafter the "Seller" or the "Company". On the one hand, and the natural or legal person proceeding to the purchase of products or services of the company, hereinafter, "the Buyer", or "the Customer"
On the other hand,

It has been exposed and agreed what follows :

Preamble

The Vendor is a publisher of digitalized package management solutions for consumers, marketed through its website (https://www.kotscan.com/). The list and description of goods and services offered by the Company can be consulted on the above-mentioned sites.

Article 1: Purpose

The present General Conditions of Sale determine the rights and obligations of the parties in the context of the online sale of Products or Services offered by the Seller.

Article 2: General provisions

These General Terms and Conditions of Sale (GTCS) govern the sale of Services, made through the Company's websites, and are an integral part of the Contract between the Buyer and the Seller. They are fully enforceable against the Buyer who accepts them by placing an order.

The Seller reserves the right to modify the present terms and conditions at any time by publishing a new version on its website. The applicable GTC are those in force at the date of payment of the order. These GTC are available on the Company's website at the following address https://kotscan.com/conditions-generales-de-vente.

The Company also ensures that their acceptance is clear and without reserve by setting up a link accessible on the payment page. The Client declares that he has read all of these General Terms and Conditions of Sale, and, if applicable, the Special Terms and Conditions of Sale related to a product or a service, and accepts them without restriction or reservation.

The Customer acknowledges that he/she has received the necessary advice and information in order to ensure that the offer meets his/her needs.

The Customer declares that he/she is legally able to contract under French law or validly represents the individual or legal entity for which he/she is contracting.Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.

Article 3 : Prices

The prices of the services sold through the website are indicated in Euros including all taxes. The Company reserves the right to modify its prices at any time in the future. The telecommunication costs necessary to access the Company's website are at the Client's expense. Where applicable, delivery costs are also charged.

Article 4 : Conclusion of the online contract

In accordance with the provisions of Article 1127-1 of the Civil Code, the Customer must follow a series of steps to conclude the contract by electronic means in order to be able to carry out the order:
- Information on the essential characteristics of the Product
- Choice of the Product, if necessary, of its options
- Indication of the essential contact details of the Customer (identification, email, address...) ;
- Acceptance of the present General Terms and Conditions of Sale
- Verification of the elements of the order and, if necessary, correction of errors.

Before proceeding to its confirmation, the Buyer has the possibility to check the details of its order, its price, and to correct any errors, or cancel its order. The confirmation of the order will entail the formation of this contract
- Then, follow the instructions for payment, payment of the services, and then delivery of the order.
- The Customer will receive confirmation by e-mail of the payment of the order.

During the ordering process, the Customer will have the possibility to identify any errors made in the data entry and to correct them. The language proposed for the conclusion of the contract is French.

The terms and conditions of the offer and the general sales conditions can be consulted on the company's website at the following address : https://kotscan.com/conditions-generales-de-vente.

The archiving of the communications, the order, the details of the order, as well as the invoices is carried out on a reliable and durable support so as to constitute a faithful and durable copy in accordance with the provisions of article 1360 of the civil code. This information can be produced as proof of the contract.

Article 5 : Products and services

The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company's websites, as well as, where appropriate, the method of use of the product. In accordance with Article L112-1 of the Consumer Code, the consumer is informed, by marking, labeling, displaying or any other appropriate process, of the prices and particular conditions of the sale and performance of the services before any conclusion of the sales contract. In all cases, the total amount due by the Buyer is indicated on the order confirmation page. The Seller reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order.

When the products or services are not executed immediately, clear information is given on the product presentation page as to the delivery dates of the products or services. The customer certifies that he has received a detail of the delivery costs as well as the terms of payment, delivery and execution of the contract, as well as detailed information regarding the identity of the seller, his postal, telephone and electronic contact details, and his activities in the context of the present sale. The Seller undertakes to honour the Customer's order within the limits of the available stocks of Products only. In the event of failure to do so, the Seller shall inform the Customer; if the order has been placed, and if no agreement has been reached with the Customer on a new delivery date, the Seller shall refund the Customer.

The contractual information is presented in detail and in the French language. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The duration of validity of the offer of the Products as well as their prices is specified on the Company's websites, as well as the minimum duration of the proposed contracts when they concern a continuous or periodic supply of products or services. Except under special conditions, the rights granted hereunder are granted only to the natural person who signs the order (or the person who holds the email address communicated).

Article 6 : Conformity

In accordance with Article L.411-1 of the French Consumer Code, the products and services offered for sale through these GTCs comply with the regulations in force relating to the safety and health of persons, the fairness of commercial transactions and consumer protection. Independently of any commercial guarantee, the Seller remains responsible for the defects of conformity and the hidden defects of the product.

In accordance with article L.217-4, the seller delivers a good in conformity with the contract and is responsible for the defects of conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was put at his charge by the contract or was carried out under his responsibility.

In accordance with the legal provisions concerning conformity and hidden defects (art. 1641 of the Civil Code), the Seller shall refund or exchange defective products or products that do not correspond to the order. The refund can be requested in the following way: send an email to the address " client@kotscan.com " within fourteen days following the validation of the payment of the solution.

Article 7 : Payment

Payment is due immediately upon ordering. The Customer may pay by credit card. The cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). The secure online payment by bank card is made by our payment provider. The information transmitted is encrypted according to the rules of the art and cannot be read during transport on the network. Once the payment is initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay by card is irrevocable. By communicating his banking information at the time of the sale, the Customer authorizes the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or the impossibility of debiting the card, the Sale is immediately cancelled by right and the order cancelled.

Article 8: Intellectual property rights

The brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.

Article 9 : Force majeure

The execution of the obligations of the seller under the present terms is suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent its execution. The seller will notify the customer of the occurrence of such an event as soon as possible.

Article 10 : Invalidity and modification of the contract

If one of the stipulations of the present contract were to be cancelled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is only valid after a written and signed agreement of the parties.

Article 11 : Applicable law and clauses

All the clauses appearing in the present general conditions of sale, as well as all the operations of purchase and sale which are aimed there, will be subjected to the French law.

The nullity of a contractual clause does not entail the nullity of the present general conditions of sale.

Article 12 : Consumer information

For the purposes of consumer information, the provisions of the Civil Code and the Consumer Code are reproduced below:

Article 1641 of the Civil Code: The seller is bound by the warranty for hidden defects of the thing sold that make it unfit for the purpose for which it was intended, or that so diminish this use that the buyer would not have acquired it, or would have given a lower price, if he had known them.

Article 1648 of the Civil Code: The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect.
In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year of the date on which the seller may be relieved of the defects or apparent lack of conformity.

Article L. 217-4 of the French Consumer Code: The seller delivers goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery.
He is also responsible for defects of conformity resulting from the packaging, the assembly instructions or the installation when the latter was put at his charge by the contract or was carried out under his responsibility.

Article L. 217-5 of the French Consumer Code: The goods conform to the contract:
1° If it is fit for the purpose usually expected of a similar good and, where appropriate :
- if it corresponds to the description given by the seller and has the qualities that the latter has presented to the buyer in the form of a sample or model;
- if it presents the qualities that a purchaser can legitimately expect taking into account the public declarations made by the salesman, by the producer or by his representative, in particular in publicity or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.

Article L. 217-12 of the French Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.

Article L. 217-16 of the French Consumer Code: When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the duration of the warranty that remained to run. This period shall run from the date of the buyer's request for intervention or from the time the item in question is made available for repair, if this is after the request for intervention.