1.1. Scope of the Terms and Conditions

These General Terms and Conditions of Sale (hereinafter referred to as the “T&Cs”) govern and apply without restriction to the relationship between the company KEYENA (hereinafter “KEYENA”), a simplified joint stock company with a sole shareholder and a share capital of €13,350.10, registered with the LYON Trade and Companies Register under number B 880 214 051, with its registered office located at 110 rue Frédéric Fays, Villeurbanne (69100), and any purchaser acting as a consumer, that is, any natural person placing an order for products via the online sales area of the website https://keyena.com/ (hereinafter the “Site”), who is acting for purposes that are not related to their commercial, industrial, artisanal, or liberal professional activity (hereinafter the “Client”). Together with the online order, these T&Cs constitute the binding contractual documents between the Parties. https://keyena.com/ .

KEYENA offers for sale on the Site various accessories, equipment, and other products intended for sports practice (hereinafter the “Products”).

It is expressly stated that purchasing Products for the purpose of resale by the Client is not permitted.

These T&Cs apply exclusively to Products delivered to consumers located in the countries listed in Article 9.1.

The T&Cs are written in French, as are all contractual details presented on the Site.

Within the meaning of these T&Cs, the Client and KEYENA are individually referred to as a “Party” and collectively as the “Parties”.

1.2. Availability-Enforceability-Invalidity of the GTCS

The T&Cs are made available to the Client on the Site, where they can be directly accessed by clicking on the « CGV » tab available on all pages of the Site.

The T&Cs are binding on the Client, who acknowledges, by checking the box provided for this purpose, having read and accepted them prior to placing an order.

Confirmation of the order constitutes the Client’s full acceptance of the T&Cs in force on the day of the order. These are stored and made available by KEYENA in accordance with Article 1127-1 of the French Civil Code.

KEYENA nevertheless recommends that the Client save and/or print these T&Cs for secure and long-term retention, so they may be referred to at any time during the performance of the contract.

KEYENA reserves the right to adapt or modify these T&Cs at any time. In any case, the applicable version shall be the one in force on the date of the order. A dated copy of the T&Cs may be provided to the Client upon request.

2.1. Characteristics

The Products offered for sale are those listed on the Site on the date it is accessed by the Client, subject to availability.

The Products comply with the applicable provisions of French law in force at the time they are placed on the market.

The Client is required to consult the description of each Product on the Site in order to be informed of its essential characteristics as defined in Article L. 111-1 of the French Consumer Code.

2.2. Availability

Products are offered and delivered within the limits of available stock.

In the event that a Product ordered is unavailable, KEYENA will promptly inform the Client by email at the address provided, and may offer a Product of equivalent quality and price, or alternatively, a credit note equal to the amount of the order, usable for a future purchase.

If the Client does not agree to these alternatives, KEYENA will refund the amounts paid within a maximum period of thirty (30) days.

2.3. Pre-order Campaign

Certain Products may be offered to the Client on a pre-order basis.

The Client is informed that the production of the pre-ordered Product(s) has either not yet started or is in progress at the time of the pre-order.

If the Products subject to a pre-order cannot be delivered within the indicated timeframe, the Client will be notified by email that KEYENA will cancel the pre-order and refund the full amount, including any fees, within a maximum of thirty (30) business days.

The online sales offers presented on the Site are valid, unless a specific duration is indicated, for as long as the Products are listed on the Site and subject to availability.

The Client’s acceptance of an offer is confirmed, in accordance with the double-click process, by validating the order.

The Client may create a Client Account to place and track orders on the Site.

The Client Account can be created:

• either during the ordering process when validating the order,
• or beforehand by clicking on the « Mon compte» tab available on all pages of the Site, then selecting« S’enregistrer ».

To create an account, the Client must provide a valid email address and choose a password.

In addition to the required information when creating the account, the Client may complete their profile in the “My Account” section by entering their first and last name.

KEYENA recommends choosing a password of at least twelve (12) characters, including uppercase and lowercase letters, numbers, and special characters.

KEYENA requires that the password contain at least twelve (12) characters and include a minimum of four (4) of the following types of characters: uppercase letters, lowercase letters, numbers, and special characters.

The Client expressly agrees not to provide false information or to create an account on behalf of a third party.

The Client will receive an email confirming the creation of the Client Account at the email address they provided.

The Client then benefits from permanent and secure access to their Client Account using the login details provided in the confirmation email and the chosen password.

The login and password are strictly personal and confidential. The Client agrees to keep them secret and not to disclose them in any way or form to third parties.

Any changes to the information provided by the Client must be updated online, with the update taking effect on the next business day.

The Client may access the details of their pre-orders/orders at any time by logging into their Client Account using their login (as provided in the registration confirmation email) and password.

5.1. Recording a Pre-order

Placing a pre-order is subject to compliance with the ordering procedure implemented by KEYENA for any purchase (selection of items, viewing of the cart, and order registration), as described in Article 6.2 below.

5.2. Validation of the Pre-order

Upon registration of the pre-order, an acknowledgment of receipt is sent to the email address provided by the Client when creating their Client Account or during the pre-order process.

In addition to the billed amount and the pre-ordered Products, the acknowledgment of receipt informs the Client:

• · That they will have the opportunity to choose a new design within a specified timeframe;
• · The estimated delivery time of their pre-order.

This acknowledgment of receipt confirms the transaction. It also contains a link to access the current T&Cs. The Client agrees that the pre-order registration systems serve as proof of the purchase and its date.
An invoice is issued in the Client’s name and also sent to the email address provided when the Client Account was created.

The Client is responsible for keeping the acknowledgment of receipt, the invoice, and the applicable T&Cs. KEYENA shall not be held liable in the event of loss.

5.3. Refusal of the Pre-order

KEYENA reserves the right to refuse any order for the reasons outlined in Article 6.3 below.

The Client may cancel the order under the conditions specified in that same article.

5.4. Start of Production

The Client will be informed by email when production of the pre-ordered Products begins, along with the next steps to follow to validate or modify the design of the Products.

Following the validation or modification of the Product design, an acknowledgment of receipt is sent to the email address provided by the Client. This new acknowledgment includes the billed amount and the ordered Products. It replaces any previous acknowledgment and validates the transaction. It also contains a link to the current T&Cs.
The Client agrees that the order registration systems serve as proof of the purchase and its date. An invoice is issued in the Client’s name and also sent to the email address provided when the Client Account was created.

The Client is responsible for keeping the acknowledgment of receipt, the invoice, and the applicable T&Cs. KEYENA shall not be held liable in the event of loss.

6.1. Order Registration

LThe Client who wishes to place an order on the Site selects the Product(s) of their choice and adds them to their virtual cart by clicking on « Acheter » or « Ajouter au panier ».

At any time, the Client may:

• By clicking on the « Caddie» icon representing their virtual shopping cart, check the type and quantity of Products in the cart, view detailed information about those Products, remove one or more Products from the selection, or empty the entire cart by clicking on the« Vider le panier » ;
• Continue shopping by clicking on the« Boutique» ;
• Finish order by clicking on the « Acheter» ou « Valider la commande » tab.

Finalize their order by clicking on the « Acheter » or « Valider la commande » tab.

After clicking on “Buy” or “Checkout”, the Client can log in by entering their username and password if they already have a Client Account.

Otherwise, the Client will be asked to enter a billing address, a delivery address, and an email address.

The Client may also choose to create a Client Account at the time of placing the order by checking the “Create an account” box.

[Ideally, the order registration process should proceed as follows:]
The Client is then asked to choose a payment method.
Next, the Client is directed to a summary of their order, where they can modify the entered information.

The order summary displays:

• The Client’s billing address;
• The delivery address for the Products;
• Images of the Products in the cart;
• The shipping costs;
• Any applicable benefits (e.g., promo codes);
• The total amount due, including tax.

After reviewing the order summary, verifying its content, and correcting any errors, the Client acknowledges having read the T&Cs, the obligation to pay, and their right of withdrawal by checking the appropriate box.

The Client is informed that validating the order entails an obligation to pay.

6.2. Order Validation

The Client confirms and validates their order by clicking on the « Commander, avec obligation de paiement » button. La commande validée et reçue par KEYENA est définitive.

Upon registration of the order, an acknowledgment of receipt is sent to the email address provided by the Client when the Client Account was created or during the order process.
This acknowledgment indicates the billed amount and the ordered Products and serves as confirmation of the transaction. It also includes a link to the current T&Cs.
The Client agrees that the order registration systems serve as proof of the purchase and its date.
An invoice is issued in the Client’s name and also sent to the email address provided during account creation.

The Client is responsible for keeping the acknowledgment of receipt, the invoice, and the applicable T&Cs. KEYENA shall not be held liable in the event of loss.

The Client may access the content of their order at any time by logging into their Client Account using their login credentials (as provided in the confirmation email) and password.

6.3. Refusal / Cancellation of the Order

KEYENA reserves the right to refuse any order for the following reasons:

• The quantities of Products ordered are unusually high for Clients acting as consumers;
• A pre-existing dispute with the Client;
• Full or partial non-payment of a previous order;
• Refusal of payment authorization by banking institutions.

The Client may cancel any order, without needing to provide a reason, provided it has not yet been shipped.
The cancellation request must be submitted via the « Je reconnais avoir pris connaissance et accepté les CGV, dont l’obligation de paiement, et prend connaissance de mon droit de rétractation. » section of the Site.

7.1. Sale Price

In accordance with Article L. 112-1 of the French Consumer Code, the sale prices of the Products listed on the Site are indicated in euros, inclusive of all taxes, excluding shipping fees which are billed separately. Shipping costs are specified before the order is validated and are also listed in the Annex to these T&Cs.

The prices take into account the VAT applicable in mainland France on the date the order is placed.

The Client may benefit from promotional codes or personal, non-transferable vouchers that can be applied at the time of validating a pre-order or order by entering the corresponding reference in the purchase form. Promotional codes or vouchers are valid for the period indicated by KEYENA to the Client.

Shipping costs may vary depending on the chosen delivery method, the weight and dimensions of the parcel, or the delivery address, in accordance with the information provided on the Site prior to any order, and as detailed in the Annex to these T&Cs. To obtain an estimate, the Client may simulate their purchase on the Site. This estimate is indicative only, and only the price confirmed upon validation of the shopping cart is contractually binding, except in cases such as delivery complications or special delivery methods that may generate additional charges.

The total amount payable by the Client is indicated on the order validation page.

Pre-orders and orders must be paid for immediately; no discounts will be applied.

In the event of a promotional offer, KEYENA undertakes to apply the promotional price to any order placed during the promotional period as advertised.

For orders shipped to a country outside the European Union, the Client is considered the importer of the Product(s). Customs duties or other local taxes (e.g. local VAT, customs duty, import taxes, etc.) may be applicable. These duties are the sole responsibility of the Client, including the responsibility for declaring and paying them to the relevant local authorities. KEYENA recommends that the Client obtain information about such matters from the local authorities in advance.

KEYENA reserves the right to modify its prices at any time, while guaranteeing the application of the price in effect on the date the order is placed.

7.2. Retention of Title

KEYENA retains ownership of the Products sold until full payment of the price has been received, without prejudice to the provisions of Article L. 216-4 of the French Consumer Code.

The amount payable by the Client is the total shown in the order summary.

Payment must be made at the time of the order by credit card (Carte Bleue, VISA, Mastercard, American Express) or via Apple Pay.

Online payment by credit card is processed through the secure payment system provided by the company STRIPE, whose General Terms and Conditions are accessible ici. This system uses 3D SECURE encryption technology to ensure the security of transactions. Confidential data (the 16-digit credit card number, expiration date, and CVV code) is directly encrypted and transmitted to the provider’s server.

The Client’s credit card is charged at the time the order is placed.

At no time do the Client’s banking details pass through KEYENA’s information system. KEYENA does not store any banking data from the Client.

9.1. Delivery is understood as the transfer to the consumer of the physical possession or control of the Product.

Products are delivered to the following countries:- Member countries of the European Union, United Kingdom, Switzerland, Gibraltar,
Mainland France and French overseas territories (DOM-TOM);
-North Macedonia, Moldova, Montenegro, Bosnia and Herzegovina, Serbia, Albania, Ukraine;
South Africa, Algeria, Angola, Botswana, Burkina Faso, Cameroon, Congo (Brazzaville), Egypt, Ethiopia, Guinea, Kenya, Morocco, Senegal, Tunisia;
Asia: Afghanistan, Saudi Arabia, Armenia, Azerbaijan, Bangladesh, China, Georgia, Hong Kong, India, Indonesia, Iran, Israel, Japan, Kazakhstan, Laos, Russia, Singapore, Turkey;
Argentina, Bahamas, Bolivia, Brazil, Canada, Colombia, Cuba, United States,
Guatemala, Jamaica;
Australia.

9.2. Delivery Times and Methods

Ordered Products will be shipped by an independent carrier, along with a delivery slip, to the delivery address indicated by the Client during the order process. All orders received will be processed within five (5) business days. Orders placed on the Site on a Saturday, Sunday, or public holiday will be processed starting from the next business day.

Delivery conditions, fees, and timelines vary depending on the Product, the delivery method selected by the Client, the weight and size of the package, and the delivery address. At the time the order is placed, the Client will be informed of the available delivery methods and the applicable delivery times and fees.

For Products ordered via pre-order, delivery timelines are communicated to the Client after verification with KEYENA’s suppliers and manufacturers regarding production schedules.

In any event, the maximum delivery time for pre-ordered Products is six (6) months from the date of the pre-order. KEYENA cannot be held liable for failure to deliver within this period.

All deliveries are announced by email to the address provided by the Client when placing the order. KEYENA shall not be held responsible for delivery issues arising from an address change not reported by the Client or errors in the address provided by the Client.

In the event delivery is impossible due to the Client’s actions, KEYENA reserves the right to apply additional delivery charges at its discretion. If these additional charges are not paid, KEYENA may withhold delivery. Any resulting damages or losses will be the responsibility of the Client.

Unless otherwise specified or unless one or more Products are unavailable, the ordered Products will be delivered in a single shipment if the Client has selected one delivery method. However, KEYENA reserves the right to split the delivery, in which case the Client will be informed by email. No additional shipping costs will be charged in this scenario.

If KEYENA fails to fulfill its delivery obligation by the agreed date—or, failing that, within thirty (30) days of contract conclusion—the Client may demand, in writing, that delivery be made within a reasonable additional period.

If KEYENA still fails to deliver within this new deadline, the Client may terminate the contract by sending a registered letter with acknowledgment of receipt or by any other durable written medium, unless the failure is due to force majeure or to the Client’s own fault.

In such a case, any sums already paid by the Client will be refunded no later than fourteen (14) days after termination of the contract, with no deduction or compensation.

9.3. Receipt of the Order – Product Conformity

Upon receipt of the order, the Client must verify that the delivered Products match the order.

If the Product(s) do not conform to the order, the Client must file a complaint with KEYENA under the conditions set out in Article 11 of these T&Cs in order to request a replacement or repair.

9.4. Delivery and Transfer of Risk

The risk of loss or damage to the Products is transferred to the Client when they, or a third party designated by them, take physical possession of the Products.

Products delivered to the Client by a carrier chosen by KEYENA travel at KEYENA’s own risk.

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In accordance with Article L. 221-18 of the French Consumer Code, the Customer has a period of fourteen (14) days from the date of receipt of the parcel, containing the ordered Product(s), by themselves or by a third party designated by them, to return the Product(s) and request a refund without penalty, except for shipping and return costs, which are borne by the Customer. During this period, the Customer may return the Products without having to provide any justification.

The withdrawal period expires fourteen (14) days after the day on which the Customer, or a third party other than the carrier and designated by the Customer, physically takes possession of the goods. If this period ends on a Saturday, Sunday or public holiday, it is extended until the next working day.

The Customer shall inform KEYENA of their decision to withdraw by means of an unambiguous statement:

• Either by completing the withdrawal form included in the Annex to these General Terms and Conditions of Sale, also accessible here ;
• Or by email sent to the following address: _______________________;
• Or by postal mail sent to KEYENA, 110 rue Frédéric Fays – 69100 Villeurbanne, using the withdrawal form attached in the Annex or a free-form letter.

The Customer must return the relevant Product(s), in good condition, at their own expense, in its (their) original packaging (which may have been opened), to the above-mentioned address of KEYENA, no later than fourteen (14) days from the date on which the Customer informed KEYENA of their decision to withdraw.

It is reminded that the Customer may be held liable for any depreciation in the value of the Product(s) resulting from handling beyond what is necessary to establish the nature, characteristics, and proper functioning of the Products according to their expectations.

If the above conditions are met, KEYENA will refund the Customer the total amount of their order, including shipping costs, without undue delay.

This refund will occur once KEYENA has received the returned Product(s) or the Customer has provided proof of return shipment, whichever occurs first.

KEYENA will process the refund using the same payment method as used for the original transaction. With the Customer’s agreement, a different method may be used. In any case, this refund will not incur any costs for the Customer. However, KEYENA is not required to refund any additional charges if the Customer has expressly chosen a delivery method that is more expensive than the standard delivery method offered on the Site

As a professional seller, KEYENA is liable for any lack of conformity of the goods sold under the conditions set out in Articles L. 217-4 et seq. of the French Consumer Code, as well as for hidden defects under the conditions set out in Articles 1641 et seq. of the French Civil Code.

As such, all Products benefit from legal warranties, provided they have been used under normal conditions and maintained according to the recommended care instructions.

It is recalled that under the garantie légale de conformité, the Client :

Has a period of two (2) years from the date of delivery of the goods to take action against the seller;

May choose between the repair or replacement of the goods, subject to the cost-related conditions provided in Article L. 211-9 of the French Consumer Code;

Is not required to prove the existence of the lack of conformity during the six (6) months following the delivery of the goods. This period is extended to twenty-four (24) months as of March 18, 2016, except for second-hand goods. Ce délai est porté à vingt-quatre (24) mois à compter du 18 mars 2016, sauf pour les biens d’occasion.

According to Article L. 217-5 of the French Consumer Code, the goods conform to the contract if:

1° They are suitable for the use normally expected of similar goods and, where applicable:

· Match the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model;

– Have the qualities that a buyer may legitimately expect in view of the public statements made by the seller;

2° Or they have the characteristics defined by mutual agreement between the parties or are suitable for any special use sought by the buyer, made known to the seller and accepted by the latter.

The legal warranty of conformity applies independently of any commercial warranty that may be offered by the seller.

It is also recalled that the Client may choose to enforce the warranty against hidden defects in the sold item within the meaning of Article 1641 of the French Civil Code.

Thus, independently of any commercial warranty, KEYENA is also liable for hidden defects in the goods sold that:

· Render them unfit for their intended use,

· Or significantly reduce such use to the point that the buyer would not have purchased them,

· Or would have paid a lower price had they known about the defect, under the conditions provided in Articles 1641 et seq. of the Civil Code.

Any legal action must be brought within two (2) years of discovering the defect.

Under Article 1644 of the French Civil Code, the Client may choose to cancel the sale or request a reduction in the purchase price.

This warranty does not apply to apparent defects.

If the Client identifies a non-conformity or defect in one or more Product(s) within the aforementioned timeframes, they may return the Product(s) to KEYENA at the following address:
KEYENA, 110 rue Frédéric Fays, 69100 Villeurbanne
or contact KEYENA’s Customer Service at: +33 (0)6 67 04 79 90 (Monday to Friday, from 9:00 AM to 12:00 PM and from 2:00 PM to 4:00 PM), who will confirm the steps to follow.

It is the Client’s responsibility to prove the existence of the hidden defect. To do so, the Client may provide various attestations, repair quotes, or any expert reports they may have obtained.

It is the Client’s responsibility to prove the existence of the hidden defect. To do so, the Client may provide various attestations, repair quotes, or any expert reports they may have obtained.
If the non-conformity or hidden defect is confirmed upon inspection, KEYENA will either exchange or repair the defective Product(s), provided the defect is attributable to KEYENA, or will refund the Client the price of the affected Product(s), where applicable.

KEYENA is responsible for the proper performance of its obligations under the distance sales contract, whether carried out by itself or by its service providers or subcontractors, without prejudice to its right of recourse against intermediaries.

However, KEYENA cannot be held liable for failure to perform or improper performance of the contract due to the Client, an unforeseeable or unavoidable act by a third party to the contract, or a case of force majeure.

When placing a pre-order or order, it is the Client’s responsibility to ensure that the information related to the pre-order or order is accurate and allows proper delivery

The archiving of communications, order forms, and invoices is carried out on a reliable and durable medium, so as to constitute a true and lasting copy in accordance with Article 1379 of the French Civil Code.

During the ordering process, personal data is collected in accordance with the General Data Protection Regulation (GDPR) of April 27, 2016, and the amended French Data Protection Act of January 6, 1978. This data is subject to digital processing by KEYENA, acting as the data controller.

The Client is invited to consult the Privacy Policy, available here, or directly via the Site by clicking on the « Privacy Policy » tab, to obtain detailed information on how personal data is handled.

The Parties shall not be held liable for any failure to fulfill one of their contractual obligations resulting from a case of force majeure, as typically recognized under French case law, provided that the Party invoking such force majeure notifies the other Party as soon as possible, makes every effort to limit its consequences, and resumes performance of the contract as soon as the force majeure event ceases.

However, if the force majeure event lasts for more than three (3) months, the Parties shall be released from their contractual obligations to each other.

For any questions regarding these Terms and Conditions, or more generally regarding the Products or the Site, the Client may contact KEYENA at:

KEYENA
110 rue Frédéric Fays – 69100 Villeurbanne

Email: : contact@keyena.fr

Phone: +33 (0)6 67 04 79 90

In the event of a dispute or claim, the Client is encouraged to first contact KEYENA’s Customer Service (see Article 14 above) in order to seek an amicable solution.

The Client is informed that, if the complaint submitted to KEYENA’s Customer Service is unsuccessful or if no response is received within two (2) months, they may refer the dispute relating to the order or these Terms and Conditions to a consumer mediator:

This mediator will attempt, in full independence and impartiality, to bring the Parties together in order to reach an amicable resolution.
The Parties remain free to accept or refuse mediation, as well as to accept or reject the solution proposed by the mediator.

Additionally, the European Commission has established a dispute resolution platform for consumers who have made online purchases. This platform is designed to collect complaints and forward them to competent national mediators. The platform is accessible at: https://webgate.ec.europa.eu/odr .

In the absence of an amicable resolution, any dispute relating to the validity, interpretation, or performance of these Terms and Conditions shall be submitted to the competent French courts.

These Terms and Conditions are governed by French law.

Annexe à l’article R. 221-1 du Code de la consommation

Veuillez compléter et renvoyer le présent formulaire uniquement si vous souhaitez vous rétracter du contrat.

A l’attention de : KEYENA

vService Relation Clients

110 rue Frédéric Fays – 69100 Villeurbanne

contact@keyena.fr

0667047990

Je/nous (*) vous notifie/notifions (*) par la présente ma/notre (*) rétractation du contrat portant sur la vente du bien (*)ci-dessous :

Commandé le (*)/

Reçu le (*) :

Nom du (des) consommateur(s) :

Adresse du (des) consommateur(s) :

Signature du (des) consommateur(s) (uniquement en cas de notification du présent formulaire sur papier) :

Date :

(*) Rayez la mention inutile.