ARTICLE 1 – SCOPE
These General Terms and Conditions of Sale (known as "GTC") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("Customers or the Customer"), wishing to acquire the products offered for sale by the Seller on the lekalass.fr website.
The Products offered for sale on the site are as follows: Fast food products.
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the site lekalass.fr which the customer is required to read before ordering.
The choice and purchase of a Product are the sole responsibility of the Customer. Product offers are within the limits of available stocks, as specified when placing the order.
These T&Cs are accessible at any time on the lekalass.fr website and will prevail over any other document.
The Customer declares to have read these T&Cs and to have accepted them by clicking on the payment button for the order on the lekalass.fr website.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
The Seller's contact details are as follows:
The KALASS
44 Place de l'Eglise 41220 ST LAURENT NOUAN
email: saintlaurentnouan@lekalass.net
telephone: 06 50 24 18 03
ARTICLE 2 – PRICE
The Products are supplied at the current prices listed on the lekalass.fr website, when the order is registered by the Seller.
The prices are expressed in Euros, including VAT.
The prices take into account any reductions that may be granted by the Seller on the lekalass.fr website.
These prices are firm and non-revisable during their period of validity but the seller reserves the right, outside the period of validity, to modify the prices at any time.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is established by the Seller and given to the Customer upon delivery of the Products ordered.
ARTICLE 3 - ORDERS
It is up to the Customer to select the products he wishes to order on the lekalass.fr website, according to the following terms:
After choosing your products, you must fill in the information concerning your customer account, as well as your payment information.
Product offers are valid as long as they are visible on the site, within the limits of available stocks.
The sale will only be considered valid after full payment of the price. It is the Customer's responsibility to verify the accuracy of the order and to immediately report any errors.
Any order placed on the site lekalass.fr constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The Customer will be able to follow the progress of his order on the site.
ARTICLE 3 BIS – CUSTOMER AREA – ACCOUNT
In order to place an order, the Customer is invited to create an account (personal space).
To do this, he must register by completing the form that will be offered to him at the time of his order and undertakes to provide sincere and accurate information concerning his marital status and contact details, in particular his email address.
The Customer is responsible for updating the information provided. He is told that he can modify them by logging into his account.
To access his personal space and order history, the Customer must identify himself using his username and password which will be communicated to him after registration and which are strictly personal. As such, the Customer refrains from any disclosure. Otherwise, he will remain solely responsible for the use that will be made of it.
The Customer may also request to unsubscribe by sending an email to:
saintlaurentnouan@lekalass.net.
This will be effective within a reasonable time.
In the event of non-compliance with the general conditions of sale and/or use, the lekalass.fr site will have the possibility of suspending or even closing a customer's account after formal notice sent by electronic means and which has had no effect.
Any deletion of an account, for whatever reason, results in the pure and simple deletion of all personal information of the Customer.
Any event due to a case of force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in the event of maintenance, does not engage the responsibility of the seller.
The creation of the account entails the acceptance of these general conditions of sale.
ARTICLE 4 – PAYMENT CONDITIONS
The price is paid by secure payment, according to the following terms:
payment by credit card
The price is payable in cash by the Customer, in full on the day the order is placed.
Payment data is exchanged in encrypted mode using the protocol defined by the approved payment provider involved in banking transactions carried out on the lekalass.fr site.
Payments made by the Customer will only be considered final after effective collection of the sums due by the seller.
The seller will not be required to deliver the Products ordered by the Customer if the latter does not pay the full price under the conditions indicated above.
ARTICLE 5 – DELIVERIES
The seller does not support the delivery of the products.
Withdrawal is constituted by the transfer to the Customer of the physical possession or control of the Product. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the deadlines specified above. However, these deadlines are given for information only.
The Seller offers free delivery to his take-out restaurant via the following location: 44 Place de l'église 41220 ST LAURENT NOUAN
In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the related costs will be the subject of additional specific invoicing, on an estimate previously accepted in writing by the customer.
The Customer is required to check the condition of the products delivered. Once the order has been collected from the store, the Products will be deemed to be compliant and free from any apparent defect and no complaint can be validly accepted by the Seller.
The Seller will reimburse or replace as soon as possible and at its expense, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 and following of the Consumer Code and those provided for in these T&Cs.
The transfer of the risks of loss and deterioration relating thereto will only be carried out when the Customer takes physical possession of the Products. The Products therefore travel at the Customer's risk and peril.
ARTICLE 5 BIS – TERRITORY
The purchase offers present on the site are reserved only for French territory and for consumers in an area around the store. Beyond that, an area defined with the buyer will be invoiced when ordering.
ARTICLE 6 – TRANSFER OF OWNERSHIP
The transfer of ownership of the Seller's Products will only be carried out after full payment of the price by the latter, regardless of the date of withdrawal of the said Products.
ARTICLE 7 – RIGHT OF WITHDRAWAL
Given the nature of the Products sold, orders placed by the Customer do not benefit from the right of withdrawal.
The contract is therefore concluded definitively as soon as the order is placed by the Customer according to the methods specified in these GCS.
ARTICLE 8 – SELLER'S LIABILITY – GUARANTEES
The Products supplied by the Seller benefit from:
the legal guarantee of conformity, for Products that are defective, spoiled or damaged or that do not correspond to the order,
the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use.
Provisions relating to legal warranties
Article L217-4 of the Consumer Code
“The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. »
Article L217-5 of the Consumer Code
“The property is in accordance with the contract:
1° If it is specific to the use usually expected of a similar item and, where applicable:
– if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
– if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted. »
Article L217-12 of the Consumer Code
“The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. »
Article 1641 of the Civil Code.
"The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or I would have paid a lesser price for them, if he had known them. »
Article 1648 paragraph 1 of the Civil Code
“The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. »
Article L217-16 of the Consumer Code.
"When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, for a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention. »
In order to assert his rights, the Customer must inform the Seller, in writing (email or post), of the non-compliance of the Products or of the existence of hidden defects from the time of their discovery.
The Seller will reimburse, replace or have repaired the Products or parts under warranty deemed non-compliant or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate and return costs will be reimbursed on presentation of receipts.
Refunds, replacements or repairs of Products deemed non-compliant or defective will be made as soon as possible and at the latest within 0 days of the Seller's finding of the lack of conformity or the hidden defect. This refund can be made by bank transfer or check.
The responsibility of the Seller cannot be engaged in the following cases:
non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to verify,
in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.
The photographs and graphics presented on the site are not contractual and cannot engage the responsibility of the Seller.
The Seller's warranty is, in any case, limited to the replacement or reimbursement of the Products
non-compliant or affected by a defect.
ARTICLE 9 – IT AND FREEDOMS
In application of law 78-17 of January 6, 1978, it is recalled that the personal data which are requested from the Customer are necessary for the processing of his order and the establishment of invoices, in particular.
This data may be communicated to any partners of the Seller responsible for the execution, processing, management and payment of orders.
The Customer has, in accordance with the national and European regulations in force, a right of permanent access, modification, rectification and opposition with regard to information concerning him.
This right can be exercised according to the procedures described in the “legal notices” section of the site.
ARTICLE 10 – INTELLECTUAL PROPERTY
The content of the lekalass.fr site is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting.
ARTICLE 11 – APPLICABLE LAW – LANGUAGE
These T&Cs and the resulting operations are governed by and subject to French law.
These T&Cs are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
ARTICLE 12 – DISPUTES
For any complaint, please contact customer service at the Seller's postal or email address indicated in ARTICLE 1 of these GCS.
The Customer is informed that he may in any case resort to conventional mediation, with existing sectoral mediation bodies or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.