These general terms and conditions of sale apply to all sales concluded on the Kimel Sport website.

The website kimelsport.com is a service provided by:

• Kimel Sport sole proprietorship
• located at Turcksinstraat 47, 1830 Machelen, Belgium
• website URL: kimelsport.com
• email: info@shopkimel.com
• phone number: +32486025607

The Kimel Sport website sells the following new products: Sport Accessories.

The customer declares having read and accepted the general terms and conditions of sale prior to placing their order. Placing an order therefore implies acceptance of the general terms and conditions of sale.

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 terms and conditions of sale apply to the exclusion of all other conditions, and particularly those applicable to in-store sales or through other distribution and marketing channels.

They are accessible on the Kimel Sport website and shall prevail, if applicable, over any other version or any other contradictory document.

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

Should a condition of sale be missing, it shall be deemed to be governed by the practices in force in the distance selling sector for companies headquartered in France.

These general terms and conditions of sale are valid until May 31, 2030.

The seller is a member of FEVAD (Federation of E-commerce and Distance Selling) and undertakes to comply with all provisions of the Consumer Code relating to distance selling.

Article 2 – Content

The purpose of these general conditions is to define the rights and obligations of the parties in connection with the online sale of goods offered by the seller to the buyer, from the Kimel Sport website.

These conditions only concern purchases made on the Kimel Sport website and delivered exclusively in mainland France or Corsica. For any delivery to French overseas departments and territories (DOM-TOM) or abroad, a message should be sent to the following e-mail address: info@shopkimel.com.

These purchases concern the following products: Sport Accessories.

Article 3 – Pre-contractual information

The buyer acknowledges having received, prior to placing their order and concluding the contract, in a clear and understandable manner, these general terms and conditions of sale and all the information listed in Article L. 221-5 of the Consumer Code.

The following information is provided to the buyer in a clear and understandable manner:

– the essential characteristics of the good;

– the price of the good and/or the method of calculating the price;

– if applicable, all additional shipping, delivery or postage costs and any other possible charges;

– in the absence of immediate execution of the contract, the date or period within which the seller undertakes to deliver the good, regardless of its price;

– information relating to the identity of the seller, their postal, telephone and electronic contact details, and their activities, those 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 can place their order online, from the online catalog and using the form provided therein, for any product, within the limits of available stock.

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

For the order to be validated, the buyer must accept, by clicking in the indicated place, these general conditions. They must also choose the delivery address and method, and finally validate the payment method.

The sale will be considered final:

– after the seller sends the buyer confirmation of acceptance of the order by email;

– and after the seller has received full payment of the price.

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

In certain cases, notably default of payment, erroneous address or other problem on the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.

For any questions regarding the tracking of an order, the buyer can call the following phone number: +32486025607 (cost of a local call), on the following days and hours: Monday to Friday, 9am to 5pm, or send an email to the seller at the following email address: info@shopkimel.com.

Article 5 – Electronic signature

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

– enforceability of sums due under the purchase order;

– signature and express acceptance of all operations performed.

In case of fraudulent use of the credit card, the buyer is invited, upon noticing such use, to contact the seller at the following phone number: +32486025607.

Article 6 – Order confirmation

The seller provides the buyer with an order confirmation by email.

Article 7 – Proof of transaction

The computerized records, kept 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 evidence.

Article 8 – Product information

The products governed by these general terms and conditions are those that appear on the seller's website and are indicated as sold by the seller. They are offered within the limits of available stock.

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

The photographs of the products are not contractual.

Article 9 – Price

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 at that date.

Prices are indicated in euros. They do not include delivery costs, which are charged in addition and indicated before order validation. Prices include the VAT applicable on the day of the order, and any change in the applicable VAT rate will automatically be passed on to the price of products in the online store.

If one or more taxes or contributions, notably environmental ones, are created or modified, whether upwards or downwards, this change may be reflected in the selling price of the products.

Article 10 – Payment method

This is an order with an obligation to pay, meaning that placing the order implies payment by the buyer.

To pay for their order, the buyer has, at their discretion, all the payment methods made available by the seller and listed on the seller's website. The buyer guarantees to the seller that they have the necessary authorizations to use the payment method chosen by them, when validating the purchase order. The seller reserves the right to suspend any order processing and any delivery in case of refusal of credit card payment authorization from officially accredited organizations or in case of non-payment. The seller reserves the right, in particular, 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 in progress.

Full payment of the price is due on the day of the order, according to the following terms:

– credit card

– PayPal

Article 11 – Product availability – Refund – 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, within the limits of available stock, those 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 3-5 days from the day after the order was placed by the buyer, according to the following terms: Bpost. At the latest, the deadline will be 30 working days after the conclusion of the contract.

For deliveries to French overseas departments and territories (DOM-TOM) or another country, the delivery terms will be specified to the buyer on a case-by-case basis.

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

In the absence of performance after 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 by written notice on another durable medium.

The contract will be considered resolved upon receipt by the seller of the letter or written notice informing them of this resolution, unless the professional has performed in the interim.

However, the buyer may immediately resolve the contract if the dates or deadlines mentioned above constitute an essential condition of the contract for them.

In this case, when the contract is resolved, the seller is obliged to refund the buyer the full amount paid, at the latest within 14 days following the date on which the contract was terminated.

In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the option to cancel their order. The buyer will then have the choice of either requesting a refund of the sums paid within 14 days at the latest of their payment, or exchanging the product.

Article 12 – Delivery terms

Delivery refers to the transfer of physical possession or control of the goods to the consumer. The ordered products are delivered to the buyer by the seller's supplier according to the terms and deadlines specified above.

The products are delivered to the address indicated by the buyer on the order form, so the buyer must ensure its accuracy. Any package returned to the seller due to an incorrect or incomplete delivery address will be re-shipped at the buyer's expense. The buyer may, at their request, obtain 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 notice of passage in the mailbox, which will allow the package to be collected at the indicated place and time.

If at the time of delivery, the original packaging is damaged, torn, or opened, the buyer must check the condition of the items. If they have been damaged, the buyer must absolutely refuse the package and note a reservation on the delivery slip (package refused as open or damaged).

The buyer must indicate on the delivery note and in the form of handwritten reservations accompanied by their signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged packages, broken products…).

This verification is considered to have been carried out as soon as the buyer, or a person authorized by them, has signed the delivery note.

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

If the products need to be returned to the seller, a return request must be made to the seller within 14 days of delivery. Any claim made outside this period cannot be accepted. The product can only be accepted for return if it is in its original condition (packaging, accessories, instructions…).

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 error and/or non-conformity of the products in nature or quality compared to the information on the order form. Any claim made beyond this period will be rejected.

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

– by telephone at the following number: 0032467728500;

– by email at the following address: info@shopkimel.com.

Any claim not made according to the rules defined above and within the specified deadlines cannot be taken into account and will release the seller from any liability towards the buyer.

Upon receipt of the claim, the seller will assign an exchange number to the product(s) concerned and communicate it by e-mail to the buyer. The exchange of a product can only take place after the assignment of the exchange number.

In the event of a delivery error or exchange, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, by registered Colissimo, to the following address: Turcksinstraat 47, 1830 Machelen.

Return shipping costs are the responsibility of the seller.

Article 14 – Product warranty

14-1 Legal warranty of conformity

The seller guarantees the conformity of the goods sold to the contract, allowing the buyer to make a claim under the legal warranty of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code.

In the event of implementation of the legal warranty of conformity, it is recalled that:

– the buyer has a period of 2 years from the delivery of the goods to act;

– 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 the non-conformity of the goods during the 24 months for new goods (6 months for second-hand goods), following the delivery of the goods.

14-2 Legal warranty against hidden defects

In accordance with articles 1641 et seq. of the Civil Code, the seller is liable for hidden defects that may affect the sold good. It will be up to the buyer to prove that the defects existed at the time of sale and are of a nature to render the good unfit for its intended use. This warranty must be implemented within two years from the discovery of the defect.

The buyer can choose between cancellation of the sale or a reduction in price in accordance with article 1644 of the Civil Code.

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 their order to return any item that does not suit them and request an exchange or refund without penalty, with the exception of return shipping costs, which remain the responsibility of the buyer.

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

Damaged, soiled or incomplete products will not be accepted for return.

The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this case, an acknowledgement 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 will to withdraw.

In the event of exercising the right of withdrawal within the aforementioned period, the price of the product(s) purchased and the delivery costs are reimbursed.

The return costs are borne by the buyer.

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

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 professional's control and likely to occur during the withdrawal period;

– for the supply of goods manufactured according to the consumer's specifications or clearly personalized;

– for the supply of goods liable to deteriorate or expire rapidly;
– for the supply of goods unsealed by the consumer after delivery, which cannot be returned for reasons of hygiene or health protection;
– for the supply of goods which, after delivery and due to their nature, are inseparably mixed with other items;
– for the supply of alcoholic beverages where delivery is delayed beyond thirty days and whose value agreed upon at the time of contract depends on fluctuations in the market beyond the professional's control;
– for maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by them, limited to the spare parts and work strictly necessary to address the urgency;
– for the supply of audio or video recordings or computer software when 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;
– for the supply of digital content not provided on a tangible medium, the performance of which has begun after the consumer's express prior consent and express waiver of their right of withdrawal.

Article 16 – Force Majeure

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

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

Shall be considered as force majeure any irresistible, external, unforeseeable, unavoidable events beyond the control of the parties and which cannot be prevented by them, despite all reasonably possible efforts. Expressly considered as cases of force majeure or acts of God, in addition to those usually recognized by French courts and tribunals, are: blockages of transportation or supply means, earthquakes, fires, storms, floods, lightning, telecommunication network outages or difficulties specific to external telecommunication networks of customers.

The parties shall consult each other to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the force majeure event lasts longer than three months, these general conditions may be terminated by the aggrieved party.

Article 17 – Intellectual Property

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

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

Article 18 – Data Protection and Liberties

Personal data provided by the buyer is necessary for processing their order and issuing invoices.

It 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 Kimel Sport website has been declared to the CNIL.

The buyer has a permanent right to access, modify, correct, and object to information concerning them. This right can be exercised under the conditions and according to the procedures defined on the Kimel Sport website.

Article 19 – Partial Invalidity

If one or more stipulations 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 stipulations shall retain their full force and scope.

Article 20 – Non-Waiver

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

Article 21 – Title

In case of difficulty of interpretation between any of the headings appearing at the beginning 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 shall be authentic in case of dispute.

Article 23 – Mediation and dispute resolution

The buyer may resort to conventional mediation, particularly with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in case of dispute. The mediator's name, contact details, and email address are available on our website.

In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court resolution of online disputes between consumers and professionals in the European Union. This platform is accessible via the following link: https://webgate.ec.europa.eu/odr/.

Article 24 – Applicable Law

These general terms and conditions are subject to French law. The competent court is the judicial court.

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

Article 25 – Personal Data Protection

Collected Data

The personal data collected on this site are as follows:

– account opening: when the user creates an account, their first name; last name; email address; phone number; postal address;

– connection: when the user connects to the website, it records, in particular, their first name, last name, connection data, usage data, location data, and payment data;

– profile: the use of the services provided on the website allows for the creation of a profile, which may include an address and phone number;

– payment: as part of the payment for products and services offered on the website, it records financial data relating to the user's bank account or credit card;

– communication: when the website is used to communicate with other members, data concerning the user's communications are temporarily stored;

– cookies: cookies are used as part of the website's use. The user has the option to disable cookies from their browser settings.

Use of Personal Data 

The personal data collected from users is intended to provide the website's services, improve them, and maintain a secure environment. More precisely, the uses are as follows:

– access and use of the website by the user;

– management of the website's operation and optimization;

– organization of the terms of use for Payment Services;

– verification, identification, and authentication of data transmitted by the user;

– offering the user the possibility to communicate with other users of the website;

– implementation of user assistance;

– personalization of services by displaying advertisements based on the user's browsing history, according to their preferences;

– prevention and detection of fraud, malware (malicious software), and management of security incidents;

– management of potential disputes with users;

– sending commercial and advertising information, according to the user's preferences.

Sharing of personal data with third parties

Personal data may be shared with third-party companies in the following cases:

– when the user uses payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has contracts;

– when the user publishes information accessible to the public in the free comment areas of the website;

– when the user authorizes a third-party website to access their data;

– when the website uses the services of service providers to provide user assistance, advertising, and payment services. These service providers have limited access to user data as part of the performance of these services and have a contractual obligation to use them in compliance with the provisions of applicable personal data protection regulations;

– if required by law, the website may transmit data to respond to claims made against the website and to comply with administrative and judicial procedures;

– if the website is involved in a merger, acquisition, asset sale, or receivership proceedings, it may be required to sell or share all or part of its assets, including personal data. In this case, users would be informed before personal data is transferred to a third party.

Security and confidentiality

The website implements organizational, technical, software, and physical digital security measures to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the internet is not a completely secure environment, and the website cannot guarantee the security of information transmission or storage on the internet.

Implementation of user rights

In application of the regulations applicable to personal data, users have the following rights, which they can exercise by making a request to the following address: info@shopkimel.com.

• the right of access: they can exercise their right of access to know the personal data concerning them. In this case, before exercising this right, the website may request proof of the user's identity to verify its accuracy. 
• the right of rectification: if the personal data held by the website is inaccurate, they can request the updating of the information.
• the right to data deletion: users can request the deletion of their personal data, in accordance with applicable data protection laws. 
• the right to restrict processing: users can request the website to restrict the processing of personal data in accordance with the hypotheses provided by the GDPR. 
• the right to object to data processing: users can object to their data being processed in accordance with the hypotheses provided by the GDPR.  
• the right to data portability: they can request that the website provide them with the personal data they have provided to transmit it to a new website.

Evolution of this clause

The website reserves the right to make any modifications to this clause relating to the protection of personal data at any time. If a modification is made to this personal data protection clause, the website undertakes to publish the new version on its site. The website will also inform users of the modification by email, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, they have the option to delete their account.

Appendix: 

Withdrawal Form 

(to be completed by the consumer,

and sent by registered letter with acknowledgment of receipt,

within a maximum period of 14 days following the date of conclusion of the service contract)

Withdrawal Form

To the attention of:

Kimel Sport

located at: Turcksinstraat 47, 1830 Machelen

phone number: +32486025607

email address: info@shopkimel.com

I hereby notify you of my withdrawal from the contract concerning …………………, ordered on: ………

Consumer's first name and last name: ……………..

Consumer's address: ……………..

Date: ………………

Consumer's signature

Appendix:

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 the latter was carried out by him under the contract or under his responsibility.”

Article L. 217-5: “The goods conform to the contract:

1° If they are fit for the purpose ordinarily expected of similar goods and, where appropriate:

– if they correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;

– if they present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labeling;

2° Or if they present the characteristics defined by common agreement between the parties or are fit for any special purpose 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 was not aware of them and could not legitimately have been aware of them.”

Article L. 217-7: “Any lack of conformity which appears within twenty-four months from the delivery of the goods is presumed to have existed at the time of delivery, unless proven otherwise. For second-hand goods, this period is set at six months. The seller may rebut 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 the conformity of the goods to the contract. However, he cannot dispute conformity by invoking a defect that he knew or could not have been unaware of when he concluded the contract. The same applies when the defect originates from materials 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 manifestly disproportionate cost compared to the other modality, taking into account the value of the goods or the significance of the defect. He is then obliged to proceed, unless impossible, according to the modality not chosen by the buyer.”

Article L. 217-10: “If 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 a part of the price refunded. The same faculty is open to him: 1° If the requested, proposed or agreed solution pursuant to Article L. 217-9 cannot be implemented within one month following the buyer's claim; 2° Or if this solution cannot be implemented without major inconvenience for him, taking into account the nature of the goods and the use he seeks. However, the sale cannot be rescinded 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 shall be without any cost to the buyer. These same provisions do not preclude the award of damages.

Article L. 217-12: “The action resulting from a lack of conformity is time-barred after 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 redhibitory defects as provided for in Articles 1641 to 1649 of the Civil Code or any other contractual or extra-contractual action 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 movable property, according to the principles of the Civil Code.”

Article L. 217-15: "Commercial warranty means any contractual commitment by a professional to the consumer to refund the purchase price, replace or repair the goods or provide any other service related to the goods, in addition to its legal obligations to guarantee the conformity of the goods.
The commercial warranty must be in writing, and a copy must be given to the buyer.
The contract must specify the content of the warranty, the terms of its implementation, its price, its duration, its territorial scope, and the name and address of the guarantor.
In addition, it must clearly and precisely state that, independently of the commercial warranty, the seller remains bound by the legal warranty of conformity mentioned in articles L. 217-4 to L. 217-12 and by the warranty relating to defects in the sold item, 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, must be fully reproduced in the contract.
In the event of non-compliance with these provisions, the warranty remains valid. The buyer is entitled to invoke it."

Article L. 217-16: "When the buyer requests from the seller, during the commercial warranty granted to them upon the acquisition or repair of a movable good, a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period.

This period runs from the buyer's request for intervention or the availability of the good for repair, if this availability is subsequent to the request for intervention."

Civil Code

Article 1641: "The seller is bound by the warranty against hidden defects in the sold item that render it unfit for the use for which it is intended, or that diminish this use so significantly that the buyer would not have acquired it, or would have given a lower price for it, had they known of them."

Article 1648: "The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, on pain of forfeiture, within one year following the date on which the seller can be discharged from apparent defects or non-conformities."

These General Terms and Conditions for dropshipping activity were created on the Rocket Lawyer website.