General Terms and Conditions of Sale – Individuals
KRAMPOUZ Customer Service
Telephone number: +33 (0)298 539 292 (cost of a local call in France). Lines are open Monday to Friday, from 8am to 12pm and from 1pm to 5:30pm.
Contact form: https://www.krampouz.com/contact
Preamble
These general terms of sale (hereafter the “GTS”) are entered into between (i) the company KRAMPOUZ SAS (hereafter referred to as “the Company”) registered with the Quimper Trade and Companies Registry under number 387 558 315, and (ii) private, non-trading individuals of age wishing to make a purchase (hereafter the “Customer”) of items (hereafter the “Items”) on the https://www.krampouz.com/ website (hereafter “the Website”).
The Website only offers Items for sale in France.
Any order on the Website implies the unreserved acceptance of these GTS. The Parties agree that their relations are governed exclusively by these GTS, with the exception of any other terms.
The Company reserves the right to amend these GTS at any time. The applicable GTS are those in force on the date of placing the order.
The Company recommends that the Customer keeps this document on a permanent medium, by saving it electronically in his/her personal files.
Purpose:
These GTS aim at defining the sales conditions between the Company and the Customer, in particular for taking the order, payment, monitoring the order and delivery of the Items.
1. ORDERS
All orders imply acceptance of the prices and description of the Items available for sale.
The Customer may place an order online for any Item available for sale on the Website.
In the event of the creation of a customer account with a personal username and password, the Customer must ensure that he/she protects his/her password and does not reveal it to any person, as he/she is personally responsible for each purchase made with his/her username and password.
After having selected the Items chosen and added them to his/her basket, the Customer may check the content of his/her order, choose his/her method of delivery and payment, check the order and confirm it.
After confirmation of the order by the Customer and payment, an order confirmation email will be sent to the email address provided by the Customer.
The Company sells items in the usual retail quantities. Consequently, the quantities of Items ordered per reference and the number of orders for a same Item may be limited.
In the event of lack of availability of the Items, the Company undertakes to inform the Customer of this.
It is possible that an item is no longer available after the confirmation and payment of the order by the Customer. In this case, the Company will inform the Customer of this as soon as possible and will refund the amount paid by the Customer within fourteen (14) days as from the date of this information (maximum of 30 days depending on the situation).
2. PRICES
The prices are indicated in Euros, including all taxes. They include the VAT applicable on the date of the order and the eco-contribution on the appliances in question. These prices do not include the contribution to the carriage costs.
The prices are firm upon placing the order by the Customer, subject to stock availability. If one or several taxes or contributions, in particular environmental taxes or contributions, should be created or amended, upwards or downwards, this change may affect the sales price of the Items present on the Website.
The Company reserves the right to amend its prices at any time, but the price invoiced to the Customer will be that in force upon confirmation by the Customer of his/her order.
3. PAYMENT TERMS
The purchases are paid for online upon placing the order.
Payment by card
The payment may be made with the following cards: Mastercard, Visa.
Payment by Paypal
Payment in 3 instalments free of charge by KLARNA
Pay for your order in 3 free instalments by credit card from €300 up to €2000 with KLARNA. Our partner KLARNA offers you a financing solution that allows you to pay for your purchases in 3 free instalments using your bank card. Conditions: This offer is reserved for private individuals (over 18 years of age) residing in France and holding a Visa or MasterCard bank card with a validity date longer than the chosen financing period. Systematic authorisation cards such as Electron, Maestro, Nickel, etc., as well as e-cards, Indigo cards and American Express are not accepted.
4. DELIVERIES
4.1 Delivery terms
Orders will be delivered exclusively in metropolitan France (including Corsica and Monaco) at the address indicated by the Customer and according to the delivery option chosen.
The Customer undertakes to communicate all information related to the delivery terms (place, recipient, etc.) upon placing the order. This information is binding on the Customer. In the event of an error in the wording of the recipient’s address details or any other information, the Company may not be held liable for any lack of possibility of delivering the Items ordered.
The deliveries are made by carrier within a period of 3 to 12 business days, after preparation of the parcel and as from its date of dispatch.
This period shall be increased in the event of strikes or if delivery is impossible due to bad weather conditions. We will inform you if either of these situations occurs. We will then specify a new delivery time.
In the case of absence and if the size of the parcel does not enable it to be left in the letterbox, a delivery notice will be left by the carrier indicating where and when to collect the parcel.
In all cases, the Customer is required to check the state of the parcel and its content upon receipt. In the event of an incident, the delivery must be refused with the following compulsory indication on the form “refused for poor condition” along with the date of receipt and signature. At the same time, the Customer Service must be contacted by telephone, using the contact details indicated at the start of these GTS. If the incident is observed after the delivery, the Customer Service must also be contacted and you will be told the procedure to follow.
If the goods delivered are not per order (wrong reference), the Customer is invited to contact the Customer Service by using the online contact form which will indicate the methods for returning the item(s). The item must be returned intact and in its original packaging (together with the accessories, manual and other documents included in the box). In the case of an item that does not comply, the costs of returning it will be borne by the Company.
4.2 Cost of delivery
The cost of the delivery (carriage costs) depends on the total weight of the order. It will be indicated to the Customer before confirmation and payment of the order.
5. WARRANTY OF THE ITEMS
5.1. Legal guarantee of conformity.
In addition to any commercial warranty terms that may apply to certain categories of Items, the Company remains bound by the legal guarantee of conformity stipulated in articles L. 217-4 to L. 217-12 of the French Consumer Code, authorising all consumers:
– to benefit from a period of two (2) years as from delivery of the item, in which to take action;
– to choose between whether to have the goods repaired or replaced, subject to cost as outlined in Article L.217-9 of the French Consumer Code;
– If the consumer chooses to repair the good but the Company refuses, the consumer can ask for the replacement of the good. The replaced good will benefit from a new legal warranty of 2 years.
– to be relieved from the obligation to provide proof of the existence of the conformity of the item at the time of the purchase within twenty-four (24) months following delivery of the item.
The Company also remains bound by the legal warranty on hidden defects of the item sold, in accordance with the conditions stipulated in articles 1641 to 1648 and 2232 of the French Civil Code, authorising the customer to choose between the cancellation of the sale or a reduction of the sales price in accordance with article 1644 of the French Civil Code.
Goods repaired during the legal warranty period benefit from a 6-month warranty extension.
Legal terms related to the legal guarantee of conformity and the legal warranty on hidden defects:
Article L.217-4 of the French Consumer Code:
The seller delivers an item that complies with the agreement and answers for any compliance defects upon delivery.
The seller also answers for any compliance defects as a result of the packaging, assembly or fitting instructions when it is responsible for these by virtue of the agreement or when they have been performed under the latter’s responsibility.
Article L.217-5 of the French Code of Consumption:
The item complies with the agreement:
1° If it is fit for the purpose that is usually expected from such an item, and where appropriate:
– if it matches the description given by the seller and has the properties that the latter has presented to the purchaser in the form of a sample or model;
– if it has the properties that a purchaser may legitimately expect in light of the public statements made by the seller, by the manufacturer or its representative, in particular in advertisements or labels;
2° Or if it has the characteristics defined mutually by the parties or is specific to any special use sought by the purchaser, made known to the seller and that the latter has accepted.
Article L.217-12 of the French Code of Consumption:
Legal action as a result of lack of compliance is statute-barred two (2) years as from delivery of the item.
Article L.217-16 of the French Code of Consumption:
When the purchaser asks the seller, during the commercial warranty period granted to the latter upon the purchase or repair of a moveable item, for a repair covered by the warranty, any period of immobilisation of at least seven (7) days will be added to the term of the remaining warranty.
This period begins as from the request for intervention from the purchaser or the availability for repair of the item in question, if this availability is later than the request for intervention.
Article 1641 of the French Civil Code:
The seller is required to provide a warranty for hidden defects of the item sold which make it unfit for the purpose for which it was purchased, or which reduce this purpose to such an extent that the purchaser would not have purchased it, or would have paid a lower price for it, if the latter had been aware of such defects.
Article 1648 of the French Civil Code:
The action as a result of redhibitory defects must be brought by the purchaser within a period of two (2) years as from discovery of the defect.
In the case stipulated by article 1642-1, in order to avoid debarment, the action must be brought in the year which follows the date on which the seller may be relieved from the visible defects or lack of compliance.
5.2. Conditions of applying the warranty
The Item must be returned intact and in its original packaging (together with the accessories, manual and other documents included in the box).
The Company then undertakes to refund the Customer for the delivered Item that does not comply if the return conditions of the Item are respected.
However, Items that are returned incomplete, damaged, ruined by the Customer or used will not be taken back
The Company has no obligation to repair or exchange an item that is not sent with proof of purchase.
5.3 Commercial warranty
The Company guarantees the suitability for cooking of the stainless steel plancha plates for 10 years after the purchase by the Customer for items purchased as from 1st January 2020.
The Company guarantees the suitability for cooking of the enamelled cast iron barbecue grills for 5 years after the purchase by the Customer, for items purchased as from 1st January 2018.
The Commercial Warranty covers exclusively the items from the family range purchased in France, and used for domestic purposes in France. This warranty does not cover damage that may be the result of poor fitting, poor use, negligence, lack of respect of the instructions for use and cleaning, or a change or repair of the item that is not authorised. This warranty does not apply to packaging or transport problems during dispatch of the product by its owner. It does not include normal wear and tear of the item, or the maintenance or replacement of consumables, or the following situations:
Damage as a result of a fall, impact, excessive load,
- damage as a result of lightning or electric surge,
- damage or problems due specifically to use with a voltage or electrical frequency that does not comply with those specified on the information plate or any other local specification,
- any accident due to fire, flooding, etc,
- professional use or at a workplace,
- water, dust, insects entering the item.
6. RETURN OF ITEMS
6.1. Right to withdrawal
The Customer is entitled to withdraw, i.e., to waive his/her purchase of an Item on the Website without giving a reason for this. If the Customer wishes to withdraw, he/she must make his/her request:
- by using the online formhttps://www.krampouz.com/contact
within a period of fourteen (14) days following the date of receipt of the Item. If the period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.
In the event of the purchase of several Items delivered separately or in batches, the right of withdrawal will expire fourteen (14) days after delivery of the last Item or last batch.
The request must include the following information:
Customer’s details: Mrs./Mr name, address, telephone number
Date of the request to withdraw: DD/MM/YYYY
Request sent for the attention of: Service Client KRAMPOUZ by post to the following address: Z.A. Bel Air, 29700 Pluguffan, France
I hereby give notice to cancel the order for: ………
The Item(s) (indicate the name shown on the bill): ………
Ordered on: ………
Order number: ………
Received on: ………
After receipt of the request for withdrawal, the Customer Service will inform the Customer of the procedure to be followed and will communicate a confirmation of receipt to the Customer, immediately, of the withdrawal on a permanent medium.
The item must be shipped intact and in its original packaging (accessories, manuals, cables, etc.) at your expense, to the following address: KRAMPOUZ, Z.A. de Bel Air, 29700 Pluguffan, France, within fourteen (14) days of the date of sending the letter (postmark as proof of postage) or e-mail informing the Company of the withdrawal.
As from receipt of the returned Item, the payments already made will be refunded to the Customer (excluding delivery costs). Any returned Items that are incomplete, spoiled, damaged or used will not be taken back and will be returned to the Customer at the latter’s expense.
The Company will make the refund by using the same payment method as that used by the Customer for the initial transaction, unless the Customer has specifically authorised another payment method by the Company where the refund does not incur expenses for the Customer.
6.2. Other grounds for returning items
In all other cases, returning an Item is not authorised unless formally and previously agreed to by the Customer Service. This return may, where appropriate, lead to a replacement or refund.
7. AVAILABILITY OF SPARE PARTS
8. SIGNATURE AND PROOF
The online communication of the card number and the final confirmation of the order will be deemed as proof of the whole order and of the payability of the amounts incurred by the input of the Items shown on the order form.
This confirmation is deemed as a signature and the specific acceptance of all of the transactions performed on the website.
The computerised registers, kept in the Company’s IT systems and those of its partners in reasonable safety conditions, will be considered as proof of the correspondence, orders and payments between the parties.
9. RESPONSIBILITY
These GTS set forth all of the obligations and responsibilities of the Company as regards the supply of the Items. As authorised by the applicable law, the Company refuses any guarantee of any kind, whether explicit or implicit, and all terms and conditions other than those specifically indicated in these GTS.
More specifically, the Company is not responsible for the suitability of the Items with the purposes for which you intend to use them, unless you have informed the Company of such purposes upon signing the sales agreement and the company has agreed to them.
The Company’s liability may not be incurred where the lack of performance of its obligations may be attributable either to the unforeseeable and unavoidable deed of a third party to the agreement, or to a force majeure situation as defined by case-law examples.
Similarly, the Company’s liability may not be incurred for any inconvenience or damage related to the use of the internet network, in particular a disruption to service, an external intrusion, the presence of computer viruses or the loss of content or material downloaded or communicated via the website
10. PERSONAL DATA
The Company collects personal data for processing your order and may be required to communicate such data to its business partners in order to meet with requests from the Customer.
Please refer to our Privacy Statement for more information.
The purchase of Items via the Website is subject to the acceptance by the Customer of the Privacy Statement.
The Company implements reasonable means with a view to keeping the data of your order and your payment safe, but the Company’s liability may not be incurred for any loss that may be caused to you if a third party obtains unauthorised access to any data that you have provided by accessing or by placing an order via the website.
In conformance with Article L.223-2 of the Consumer Code, the User is informed of his/her right to enroll on the Do Not Call list www.bloctel.gouv.fr
11. INTELLECTUAL PROPERTY
For more information, please consult the Intellectual Property section of our Terms of Use.
12. PROTECTION OF CHILDREN
The Company does not knowingly market its products and services to children and does not knowingly ask for or collect personal data provided by children or related to children without the consent of a parent or guardian.
13. FULL AGREEMENT
These GTS comprise all of their clauses. The fact of not taking advantage, at a given time, of one of the terms of this document, may not be deemed as a waiver to take advantage of these same terms at a later date.
In the event that one of the clauses becomes null and void due to a change in legislation, regulation or court decision, this would not have any effect on the validity and compliance of these GTS.
14. TERM
These GTS apply as from the date of application and for the whole period during which the Items are offered for sale online by the Company.
15. CONSERVATION AND ARCHIVING OF TRANSACTIONS
The order forms and invoices are archived on a reliable and long-term medium to constitute a loyal and long-term copy in accordance with article 1348 of the French Civil Code.
16. APPLICABLE LAW AND JURISDICTION
These GTS are subject to French law.
We hereby inform you that in application of Articles 1532 et seq. of the French Code of Civil Procedure, at your request, a conventional mediation procedure can be launched in the event of a dispute.
Should mediation fail, any litigation, regardless of the nature, cause or subject, should only be brought before the Commercial Court of Quimper, even in case of urgent application, the introduction of third parties, a multiplicity of proceedings or parties, or any additional application. The Client may also refer the case to the Paris Mediation and Arbitration Centre (CMAP) in its capacity as mediator, for any claim concerning the sale of an Item that was bought, subject to compliance with the conditions of admissibility of the request.
To find out about these conditions and contact the CMAP, the Client may visit the website at: www.cmap.fr or contact them by post at the following address: 39 avenue Franklin D. Roosevelt, F-75008, Paris, or by electronic mail at: consommation@cmap.fr. In addition, the Client may log on to the European platform for the regulation of consumer litigations established by the European Commission at the following address: http://ec.europa.eu/consumers.odr/.
The court with jurisdiction in the case of a dispute will be that of the place of the defendant or, at the defendant’s choice, the place of actual delivery of the item.
17. SUSTAINABLE DEVELOPMENT
The unique identifier FR001577_10KACU identifies Krampouz as an entity registered with the French Environment and Energy Management Agency (ADEME).
The unique identifier FR001577_054BDP attesting to the registration in the register of producers of the EEE sector, pursuant to Article L.541-10-13 of the Environmental Code has been assigned by ADEME to the company Krampouz (387 558 315 00033). This identifier attests to its compliance with its obligation to register with the register of producers of Electrical and Electronic Equipment and to the completion of its declarations of marketing to ecosystem.
The unique identifier FR001577_01OZFO identifies Krampouz as an entity registered with an approved company and subject to the principle of EPR (Extended Producer Responsibility).
The Company informs you that the presence of substances in electric and electronic appliances may have potential impacts on the environment and human health. This is why the Customer must dispose of any old item in a specific collection point: ECO SYSTEME collection point, local waste disposal centre, the nearest charity (e.g., Emmaus).
This sign on your Item means that it is an electric or electronic appliance to be recycled when you no longer use it.
Indeed, no electric and electronic appliances must be thrown in the bin or in the local recycling bins when they no longer work, are obsolete or have reached the end of their lives, in accordance with the 2005 European regulation applicable to all European countries and in particular France.
This regulation aims at limiting waste of raw materials and protecting the environment and human health by avoiding the leakage in the nature of substances contained in certain appliances.
In light of this regulation, when you purchase an Item on our Website, you contribute to financing the collection, reuse and recycling of your old appliance by paying an EEEW (electric and electronic equipment waste) eco-contribution. This eco-contribution is included in the price of the items, which is paid in full to the eco-organisations approved by the public authorities for managing the collection and recycling sector specific to EEEW. The amount of the eco-contribution is calculated by the eco-organisations and varies depending on the appliances and the processing means.
This is why it is recommended that the Customers dispose of any old item in a specific collection point for this purpose: ECO SYSTEME collection point, local waste disposal centre, nearest charity (e.g., Emmaus).
Any batteries inside the item or accumulators must be removed from the item and must be disposed of separately in the specific collection points.
Moreover, the Company undertakes to take back the former Item from the Customer, free of charge, as part of a 1 for 1 exchange.
Indeed, when you purchase a new equivalent Item, you may return the used Item, free of charge, for recycling.
For this, please contact the Company as soon as possible after your purchase and before receiving the dispatch notice of your new item, via the online contact form.
Upon receipt of your request by email, the Company will inform you of the procedure to follow to enable you to send back your appliance free of charge.
