GENERAL CONDITIONS OF SALE

of online products to individual consumers

Preamble

These general conditions of sale apply to all sales concluded on the website www.konrow.com .

The Konrow website is a service of:

• ONECLICMOBILE
• located at 27, Boulevard d'Arras, 13004 Marseille, France,
• Website URL: https://www.konrow.com/
• Email: support@konrow.com
• phone: 04 91 92 53 77

The customer declares to have read and accepted the general conditions of sale prior to placing their order. Validation of the order therefore constitutes acceptance of the general conditions of sale.

Definitions

• Buyer: the person who places an order for the Product
• Seller: ONECLICMOBILE company
• Parties: the Buyer and the Seller
• Product: the good or technological device on sale on the site www.konrow.com and likely to be the subject of an order by the Buyer.
• User: the person who accesses and consults the site www.konrow.com without making a purchase on the site, regardless of their status (individual or professional), their location, the methods of connection to the Konrow website, the purpose and the aim of their access to the Konrow website.

Article 1 – Principles

These general conditions express the entirety of the parties' obligations. In this sense, the buyer is deemed to accept them without reservation.

These general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.

They are accessible on the Konrow website and will prevail, where applicable, over any other version or any other contradictory document.

The seller and buyer agree that these terms and conditions govern their relationship exclusively. The seller reserves the right to modify these terms and conditions from time to time. They will be applicable as soon as they are posted online.

If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector for which companies are headquartered in France.

These general terms and conditions of sale are valid until April 29, 2022.

Article 2 – Content

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 Konrow website.

These conditions only apply to purchases made on the Konrow website and delivered exclusively to mainland France and overseas, Corsica and Europe.

These purchases concern the following products: technological products.

Article 3 – Pre-contractual information

The buyer acknowledges having received, prior to placing his order and concluding the contract, in a legible and comprehensible manner, these general conditions of sale and all the information listed in article L. 221-5 of the consumer code.

The following information is transmitted to the buyer in a clear and comprehensible manner:

• the essential characteristics of the property;
• the price of the good and/or the method of calculating the price
• and, if applicable, all additional transport, delivery or postage costs and all other possible charges payable.
• in the absence of immediate execution of the contract, the date or period by which the seller undertakes to deliver the goods, whatever their price;
• information relating to the identity of the seller, their postal, telephone and electronic contact details, and their activities, information relating to legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence and terms of implementation of guarantees and other contractual conditions.

Article 4 – The order

The buyer has the option of placing his order online, from the online catalog and using the form provided there, for any product, within the limits of available stocks.

The buyer will be informed of any unavailability of the product or good ordered.

To confirm the order, the buyer must accept these terms and conditions by clicking on the appropriate button. The buyer must also select the delivery address and method, and finally confirm the payment method.

The sale will be considered final:

• after sending the buyer confirmation of acceptance of the order by the seller by email;
• and after receipt by the seller of the full price.

Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will be subject to a possible exchange and the guarantees mentioned below.

In certain cases, including non-payment, incorrect address, or other problems with the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.

For any questions regarding order tracking, the buyer must call the following telephone number: 04 91 92 53 77 (cost of a local call), on the following days and times: Monday to Friday from 9 a.m. to 6:30 p.m., or send an email to the seller at the following email address: support@konrow.com.

Article 5 – Electronic signature

The online provision of the buyer's bank card number and the final validation of the order will constitute proof of the buyer's agreement:

• due date of the sums due under the purchase order,
• signature and express acceptance of all operations carried out.

In the event of fraudulent use of the bank card, the buyer is invited, as soon as this use is noticed, to contact the seller at the following telephone number: 04 91 92 53 77.

Article 6 – Order confirmation

The seller provides the buyer with a copy of the contract by email.

Article 7 – Proof of the transaction

The computerized records, stored in the seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.

The products governed by these general conditions are those listed on the seller's website and indicated as sold and shipped by the seller. They are offered while stocks last.

The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the seller cannot be held liable.

Product photographs are not contractually binding.

Article 9 – Prices

The seller reserves the right to modify its prices at any time but undertakes to apply the current rates indicated at the time of the order, subject to availability on that date.

Prices are shown in euros. They do not include delivery charges, which are charged extra and are indicated before the order is confirmed. Prices include the VAT applicable on the day of the order, and any changes in the applicable VAT rate will be automatically reflected in the price of products in the online store.

If one or more taxes or contributions, particularly environmental ones, were to be created or modified, either upwards or downwards, this change could be reflected in the selling price of the products.

Article 10 – Method of payment

This is an order with payment obligation, which means that placing the order implies payment by the buyer.

To pay for his order, the buyer has the choice of all the payment methods made available to him by the seller and listed on the seller's website. The buyer guarantees to the seller that he has the necessary authorizations to use the payment method chosen by him, when validating the order form. The seller reserves the right to suspend any order management and any delivery in the event of refusal of authorization of payment by credit card from officially accredited organizations or in the event of non-payment. The seller reserves in particular the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is currently being administered.

Payment of the price is made in full on the day of the order, according to the following methods: by credit card and by PayPal.

Article 11 – Availability of products – Reimbursement – ​​Resolution

Except in cases of force majeure or during periods when the online store is closed, which will be clearly announced on the website's homepage, shipping times will be, subject to available stocks, as indicated below. Shipping times run from the order registration date indicated in the order confirmation email.

For deliveries in Metropolitan France and Corsica, the delivery time is 3 days from the day after the buyer placed their order, according to the following methods: LA POSTE Colissimo, Chronopost. At the latest, the delivery time will be 30 working days after the conclusion of the contract.

For deliveries to the French overseas departments and territories or another country in the European Union, the delivery terms will be specified to the buyer on a case-by-case basis when ordering.

In the event of non-compliance with the agreed delivery date or time, the buyer must, before terminating the contract, order the seller to perform it within a reasonable additional period.

In the absence of performance at the end of this new period, the buyer may freely terminate the contract.

The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or in writing on another durable medium.

The contract will be considered terminated upon receipt by the seller of the letter or document informing him of this termination, unless the professional has performed in the meantime.

The buyer may, however, immediately terminate the contract if the dates or deadlines referred to above constitute an essential condition of the contract for him.

In this case, when the contract is terminated, the seller is required to reimburse the buyer for all sums paid, at the latest within 14 days following the date on which the contract was terminated.

In the event that the ordered product is unavailable, the buyer will be informed as soon as possible and will have the option to cancel the order. The buyer will then have the option of requesting either a refund of the sums paid within 14 days of their payment at the latest, or an exchange of the product.

Article 12 – Delivery terms

Delivery means the transfer to the consumer of physical possession or control of the goods. The products ordered are delivered in accordance with the terms and within the time frame specified above.

The products are delivered to the address indicated by the buyer on the order form; the buyer must ensure its accuracy. Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer may, at his request, have an invoice sent to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.

If the buyer is absent on the day of delivery, the delivery person will leave a calling card in the mailbox, which will allow the package to be collected from the location and during the time indicated.

If the original packaging is damaged, torn, or open upon delivery, 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 open or damaged).

The buyer must indicate on the delivery slip and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, product missing from the delivery slip, damaged package, broken products, etc.).

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 must then confirm these reservations to the carrier by registered letter no later than two working days following receipt of the item(s) and send a copy of this letter by fax or regular mail to the seller at the address indicated in the legal notices on the site.

If the products need to be returned to the seller, a return request must be submitted to the seller within 14 days of delivery. Any claim made outside this period will not be accepted. Product returns will only be accepted for products in their original condition (packaging, accessories, instructions, etc.).

Article 13 – Delivery errors

The buyer must notify the seller on the day of delivery or at the latest on the first working day following delivery of any claim for delivery errors and/or non-conformity of the products in nature or quality with the information given on the order form. Any claim made after this deadline will be rejected.

The claim may be made, at the buyer's choice:

• telephone number: 04 84 256 266;
• email address: support@konrow.com.

Any claim not made in accordance with the rules defined above and within the time limits set cannot be taken into account and will release the seller from any liability towards the buyer.

Upon receipt of the complaint, the seller will assign an exchange number for the product(s) concerned and communicate it by email to the buyer. A product can only be exchanged after the exchange number has been assigned.

In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, by Colissimo Recommandé, to the following address: 27, Boulevard d'Arras, 13004 Marseille, France.

Return costs are the responsibility of the seller.

Article 14 – Product warranty

Legal guarantee of conformity and legal guarantee of hidden defects

Konrow guarantees the conformity of the goods to the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code or the guarantee of defects in the thing sold within the meaning of Articles 1641 et seq. of the Civil Code. In the event of implementation of the legal guarantee of conformity, it is recalled that:

• the buyer has a period of 2 years from delivery of the goods to take action;
• the buyer can choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 217-17 of the Consumer Code;
• the buyer does not have to provide proof of non-conformity of the goods during the 24 months in the case of new goods, following delivery of the goods.
• Furthermore, it is recalled that:
• the legal guarantee of conformity applies independently of the commercial guarantee indicated below;
• The buyer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, he may choose between the resolution of the sale or a reduction in the price in accordance with Article 1644 of the Civil Code.

Commercial guarantee

The products sold are also covered by a commercial warranty intended to guarantee their conformity and ensure the reimbursement of the purchase price, the replacement or repair of the goods. It does not cover defects caused by abnormal or faulty use or resulting from a cause external to the intrinsic qualities of the products.

Article 15 – Right of withdrawal

Application of the right of withdrawal

In accordance with the provisions of the Consumer Code, 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 request an exchange or refund without penalty, with the exception of return costs which remain the responsibility of the buyer.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be resold as new, accompanied by the purchase invoice.

Damaged, soiled or incomplete products will not be accepted.

The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the buyer. Any other method of declaring withdrawal is accepted. It must be unambiguous and express the desire to withdraw.

If the right of withdrawal is exercised within the aforementioned period, the price of the product(s) purchased and the delivery costs will be refunded.

Return costs are the responsibility of the buyer.

The exchange (subject to availability) or refund will be made within 14 days, and at the latest, within 14 days from receipt by the seller of the products returned by the buyer under the conditions provided above.

Withdrawal form

Exceptions

According to article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:

• for the 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 consumer's specifications or clearly personalized;
• supply of goods liable to deteriorate or expire rapidly;
• for 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;
• of supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
• supply of alcoholic beverages whose delivery is deferred 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 professional;
• maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by the consumer, within the limit of spare parts and work strictly necessary to respond to the emergency;
• of supply of audio or video recordings or computer software where they have been unsealed by the consumer after delivery;
• for the supply of a newspaper, periodical or magazine, except for subscription contracts for such publications;
• of supply of digital content not supplied on a physical medium, the execution of which has begun after the express prior agreement of the consumer and express waiver of his right of withdrawal.

Article 16 – Force majeure

Any circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations are considered grounds for exemption from the parties' obligations and result in their suspension.

The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.

Any irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, shall be considered as cases of force majeure. Expressly, the following are considered as cases of force majeure or fortuitous events: lightning, the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.

The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the force majeure event lasts for more than three months, these general conditions may be terminated by the injured party.

 

Article 17 – Intellectual property

The content of the website remains the property of the seller, the sole holder of intellectual property rights over this content.

Buyers agree not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

Article 18 – Data Protection and Freedoms

The personal data provided by the buyer are necessary for processing the order and issuing invoices.

They may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders.

The processing of information communicated via the Konrow website has been declared to the CNIL.

The buyer has a permanent right of access, modification, rectification, and opposition with regard to information concerning him. This right may be exercised under the conditions and according to the terms defined on the Konrow website.

Article 19 – Partial non-validation

If one or more provisions of these general conditions are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.

Article 20 – Non-waiver

The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation in question.

Article 21 – Title

In the event of any difficulty of interpretation between any of the headings appearing at the head of the clauses and any of the clauses, the headings shall be declared non-existent.

Article 22 – Language of the contract

These general terms and 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 authoritative in the event of a dispute.

Article 23 – Mediation

The buyer may resort to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

Article 24 – Applicable law

These general terms and conditions are subject to the application of French law. The competent court is the district court for disputes involving an amount less than or equal to €10,000 or the high court for disputes involving an amount exceeding €10,000.

This applies to both substantive and formal rules. In the event of a dispute or complaint, the buyer will first contact the seller to obtain an amicable solution.

Annexes

Consumer Code

Article L. 217-4 : “The seller delivers goods that conform to 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, assembly instructions or installation when this has been his responsibility under the contract or has been carried out under his responsibility.”

Article L. 217-5 : “The property is in conformity with the contract:

1° If it is suitable for the use usually expected of a similar good 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 in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;

2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.”

Article L. 217-6 : “The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and was not legitimately in a position to know them”.

Article L. 217-7 : “Lack of conformity which appears within twenty-four months from the delivery of the goods shall be presumed to have existed at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller may challenge this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.”

Article L. 217-8 : “The buyer is entitled to demand that the goods conform to the contract. However, he cannot contest conformity by invoking a defect that he knew about or could not have been unaware of when he entered into the contract. The same applies when the defect originates from the materials that he himself supplied.”

Article L. 217-9 : “In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer’s choice if this choice entails a cost that is manifestly disproportionate to the other method, taking into account the value of the goods or the extent of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer.”

Article L. 217-10 : “If the repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price refunded. The same option is open to him: 1° If the solution requested, proposed or agreed upon pursuant to Article L. 217-9 cannot be implemented within one month following the buyer’s complaint; 2° Or if this solution cannot be implemented without major inconvenience for the buyer, taking into account the nature of the goods and the use he is seeking. However, the sale cannot be cancelled if the lack of conformity is minor.”

Article L. 217-11 : The application of the provisions of Articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. These same provisions do not prevent the allocation of damages.

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

Article L. 217-13 : “the provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature which is recognized by law.”

Article L. 217-14 : “The recourse action may be exercised by the final seller against successive sellers or intermediaries and the producer of the tangible personal property, according to the principles of the civil code.

Article L. 217-15 : “The commercial guarantee means any contractual commitment of a professional towards the consumer with a view to the reimbursement of the purchase price, the replacement or repair of the good or the provision of any other service in relation to the good, in addition to its legal obligations aimed at guaranteeing the conformity of the good.
The commercial guarantee is the subject of a written contract, a copy of which is given to the buyer.
The contract specifies the content of the guarantee, the terms of its implementation, its price, its duration, its territorial scope as well as the name and address of the guarantor.
Furthermore, it clearly and precisely mentions that, regardless of the commercial guarantee, the seller remains bound by the legal guarantee of conformity mentioned in Articles L. 217-4 to L. 217-12 and that relating to defects in the item sold, under the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code.
The provisions of Articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 as well as Article 1641 and the first paragraph of Article 1648 of the Civil Code are reproduced in full in the contract.
In the event of non-compliance with these provisions, the warranty remains valid. The buyer is entitled to avail himself of it.”

Article L. 217-16 : “When the buyer requests from the seller, during the course of the commercial guarantee granted to him upon the acquisition or repair of a movable good, 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 buyer's request for intervention or from the provision for repair of the goods in question, if this provision is subsequent to the request for intervention.”

Civil Code

Article 1641 : “The seller is bound by the guarantee for hidden defects in the thing sold which make 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 would have paid a lower price for it, if he had known of them.”

Article 1648 : “The action resulting from latent defects must be brought by the purchaser 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 following the date on which the seller can be discharged from apparent defects or lack of conformity.”