1.1. Scope of application of the T&CS

These General Conditions of Sale (hereinafter "GCS") govern and apply without restriction to the relationship between the company KEYENA (hereinafter "KEYENA"), a simplified joint stock company with a single shareholder with a capital of € 12,100, registered in the RCS of LYON under No. B 880 214 051, whose headquarters is located at 49 avenue Rosa Parks - LYON (69009), and any purchaser having the status of a consumer, namely any natural person placing an order for products on the online sales site of https://keyena.com/ (hereinafter "the Site") which acts for purposes that are not related to its commercial, industrial, artisanal or liberal professional activity (hereinafter "the Customer") and constitute with the online order the contractual documents opposable to the Parties.

KEYENA offers for sale on the Site various accessories, equipment and other products for the practice of sport (hereinafter "the Products").

It is specified that the purchase of Products for resale by the Customer is not permitted.

The GTC are exclusively applicable to Products delivered to consumers established in the countries listed in article 9.1.

The GTC are written in French, as well as all the contractual information mentioned on the Site. For the purposes of these GTC, the Customer and KEYENA are individually referred to as "the Party" and collectively referred to as "the Parties".

1.2. Availability-Enforceability-Invalidity of the T&Cs

The GTC are available to the Customer on the Site where they can be directly consulted by clicking on the "GTC" tab accessible on all pages of the Site.

The GTC are opposable to the Customer who acknowledges, by checking the box provided for that purpose, to have been informed and to have accepted them before placing an order.

The validation of the order by its confirmation means that the Customer adheres to the GTCs in force on the day of the order, whose preservation and reproduction are ensured by KEYENA in accordance with Article 1127-1 of the Civil Code.

KEYENA nevertheless recommends that the Customer save and/or print these GTCs for safe and durable storage, and thus be able to invoke them at any time during the performance of the contract.

KEYENA reserves the right to adapt or modify these GTC at any time. In any case, the applicable GTC will be those in force at the date of the order. A dated copy of these Terms and Conditions can be given to the Customer at his request.

2.1.  Characteristics

The Products offered for sale are those listed on the Site on the day of its consultation by the Customer, subject to their availability.

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

The Customer is required to consult the description of each Product on the Site in order to know its essential characteristics within the meaning of Article L. 111-1 of the Consumer Code.

2.2. Availability

The Products are offered and delivered within the limits of available stocks.

In case of unavailability of the Product ordered, KEYENA immediately informs the Customer by e-mail to the address he/she has provided, and may offer him/her a Product of equivalent quality and price, or, failing that, a voucher for the amount of the order to be used for any future order.

In the event of disagreement by the Customer, KEYENA shall proceed with the reimbursement of the sums paid within a maximum period of thirty (30) days.

2.3. Pre-order campaign

Some products are offered to the Customer in pre-order.

The Customer is informed that the production of the Product(s) offered in pre-order has not started or is in progress at the time of the pre-order.

If the Products that have been pre-ordered cannot be delivered within the time limit set, the Customer is notified by e-mail that KEYENA will cancel the pre-order and reimburse the full amount, including expenses, within a maximum period of thirty (30) working days.

The online sales offers presented on the Site are valid, in the absence of any indication of specific duration, as long as the Products appear on the Site and within the limits of available stocks.

The acceptance of the offer by the Customer is validated, in accordance with the double click process, by the confirmation of the order.

The Customer can create a Customer account to place orders and track them on the Site.

The creation of a Customer account can be done :

• or during the order process when the order is validated,
• either beforehand by clicking on the "My account" tab on all pages of the Site, then "Register".

To create his account, the Customer communicates a valid e-mail address and determines a password.
In addition to the information required to create his account, the Customer can complete his profile via the "My Account" section, by entering his first and last names.

KEYENA recommends choosing a password of at least twelve (12) characters and including both upper and lower case letters, numbers and special characters.

KEYENA requires the choice of a password of at least twelve (12) characters and including at least four (4) of the following types of characters: upper case letters, lower case letters, numbers and special characters.

The Customer expressly agrees not to provide false information and not to create an account in the name of a third party.

The Customer will then receive an e-mail confirming the creation of his customer account at the e-mail address he has provided.

The Customer thus benefits from a permanent and secure access to his Customer account by means of the identifier registered in the confirmation e-mail and the chosen password.

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

Any change in the information provided by the Customer must be updated online effective the first business day following such update.

The Customer can access the content of the pre-orders / orders made at any time by logging into his Customer account using his login (included in his registration confirmation email) and his password.

The price due by the Customer is the amount indicated on the summary of the order.

Payment is to be made at the time of ordering by credit card (Carte Bleue, VISA, Mastercard, American Express) or by Apple Pay.

Payment by credit card is made through the secure payment system provided by the company STRIPE, whose General Conditions are available here. This system is subject to a security system according to the 3D SECURE encryption protocol. The confidential data (the 16-digit credit card number as well as the expiration date and the CVV code) are directly encrypted and transmitted to the company's server.

The credit card is debited when the order is placed.

At no time does the Customer's banking data pass through KEYENA's computer system. KEYENA does not store any of the Customer's banking data.

In accordance with Article L. 221-18 of the French Consumer Code, the Customer has a fourteen (14) day cooling-off period from the date of receipt of the package containing the Products ordered, by the Customer or by a third party designated by the Customer, to return the Product(s) and request reimbursement without penalty, with the exception of shipping and return costs, which are the responsibility of the Customer. During this period, the Customer may return the Products without having to justify his reasons.

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

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

• Or by filling out the withdrawal form in the Appendix of these Terms and Conditions and accessible here : Withdrawal form 
• Or by e-mail to the following address___________________
• Or by post addressed to KEYENA, 320, route de Genas - 69500 BRON, using the form in the Annex to these GTC or on plain paper.

The Customer shall return the Product(s) concerned, in good condition, at its expense, in its (their) original packaging (which may have been opened), to the above address of KEYENA, no later than fourteen (14) days from the day the Customer informed KEYENA of its decision to withdraw.

The Customer is reminded that the responsibility of the Customer may be incurred for the depreciation of the Product(s) resulting from handling other than those necessary to establish the nature, characteristics and conformity of the Products to its expectations.

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

This refund will take place upon recovery by KEYENA of the Product(s) subject to withdrawal or provision by the Customer of proof of return of the Product(s), the date used being the first of these facts.

KEYENA will make the refund using the same means of payment that the Customer used for the initial transaction. With the Customer's agreement, another means may be used. In any event, this refund will not incur any costs for the Customer. KEYENA is not, however, obliged to reimburse the Customer for additional costs if the Customer has expressly chosen a more expensive method of delivery than the standard method offered on the Site.

KEYENA, in its capacity as a professional seller, is liable for defects in the conformity of the goods sold under the conditions of Articles L. 217-4 et seq. of the French Consumer Code and for hidden defects in the goods under the conditions provided for in Articles 1641 et seq. of the French Civil Code.

Therefore, all Products benefit from legal guarantees, provided that the use has been normal and that the maintenance advice has been followed.

It is recalled that in the context of the legal guarantee of conformity, the Client:

– has a period of two (2) years from the delivery of the goods to act against the seller;

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

– is exempt from proving the existence of the lack of conformity of the goods 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 used goods.

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

"(1) Whether it is fit for the purpose ordinarily expected of similar property and, if so :

– if it corresponds to the description given by the seller and has the qualities that the seller has 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;

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

The legal guarantee of conformity applies independently of any commercial guarantee granted by the seller.

It is recalled that the Customer may decide to implement the legal guarantee against hidden defects in the item sold within the meaning of Article 1641 of the Civil Code.

Thus, regardless of the commercial guarantee that may be granted, KEYENA is also liable for hidden defects in the item sold:

– that make it unsuitable for its intended use,

– or which so diminish such use that the buyer would not have acquired it,

– or would have given only a lesser price, if he had known them, under the conditions provided for in articles 1641 and following of the Civil Code.

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

Pursuant to Article 1644 of the French Civil Code, the Customer may choose between rescission of the sale or a reduction in the purchase price.

This guarantee does not apply to apparent defects.

In case of finding the non-conformity or a defect affecting one or more Products within the time limits mentioned above, the Customer may return the Products to KEYENA at the following address KEYENA, 320 route de Genas, 69500 BRON or contact KEYENA's Customer Service at the following number: 33 (0)667047990 (Monday to Friday from 9am to 12pm and from 2pm to 4pm) which will confirm the procedure to follow.

It is up to the Customer to prove the existence of the hidden defect. To do this, the Customer may produce various certificates or repair estimates, as well as any expert opinion he/she may have requested.

If the non-conformity or hidden defect is confirmed after inspection, KEYENA will exchange or repair the Product(s) with defects of conformity or proven defects and whose origin is attributable to KEYENA or reimburse the Customer the amount of the Product(s) concerned, if necessary.

KEYENA is responsible for the proper performance, by itself and by its service providers or subcontractors, of its obligations under the contract concluded at a distance, without prejudice to its right of recourse against its intermediaries.

On the other hand, KEYENA cannot be held liable in the event of non-performance or poor performance of the contract due either to the Customer's fault, or to the unforeseeable or insurmountable fault of a third party to the contract, or to force majeure.

When placing a pre-order or an order, it is the Customer's responsibility to verify that the information relating to the pre-order or the order is in accordance with his choices and that it will allow the delivery to be made.

The archiving of communications, order forms and invoices is carried out on a reliable and durable support so as to constitute a faithful and durable copy in accordance with article 1379 of the Civil Code.

When ordering, personal data is collected, in accordance with the General Data Protection Regulation of 27 April 2016 (RGPD) and the amended Data Protection Act of 6 January 1978, and will be subject to computer processing by KEYENA, as the controller.

The Customer is invited to refer to the Personal Data Protection Policy, available here, or from the Site by clicking on the "Personal Data Protection Policy" tab, in order to obtain information on this subject.

The Parties shall not be held liable for a breach of any of their obligations under the contract resulting from the occurrence of an event of force majeure, such as those usually retained by French Jurisprudence, provided that the Party invoking such an event notifies the other Party of its occurrence as soon as possible, that it does its best to limit the consequences and that it resumes performance of the contract as soon as the event of force majeure has ceased.

However, if the case of force majeure lasts longer than three (3) months, the Parties shall be released from their contractual obligations towards each other.

For any question relating to these GTCs and, more generally, to the Products or the Site, the Customer may write to KEYENA at the following address

KEYENA, 320, road of Genas – 69500 BRON

Or by e-mail to : contact@keyena.fr 

Or by phone at : +33 (0)6 67 04 79 90

In the event of a dispute or claim, the Customer is advised to contact the Customer Service Department (see article 14 above) in order to seek and find an amicable solution.

The Customer is informed of the possibility, in case of failure of the request for complaint to the Customer Service of KEYENA or in the absence of response from this service within two (2) months, to submit the dispute relating to the order form or these GTCs opposing KEYENA, professional seller, to the consumer mediator_______________________________________________,

who will attempt, in complete independence and impartiality, to bring the Parties together in order to reach an amicable solution.

The Parties to the contract remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.

In addition, the European Commission has set up a dispute resolution platform to collect any complaints from consumers following an online purchase in order to forward them to the competent national mediators. This platform is accessible at the following address

https://webgate.ec.europa.eu/odr .

In the absence of an amicable agreement, any dispute concerning the validity, interpretation or execution of these GTCs will be submitted to the competent French courts.

The present GTC are subject to French law.

Annex to article R. 221-1 of the Consumer Code

Please complete and return this form only if you wish to withdraw from the contract.

To the attention of :   KEYENA
                             Service Customer Relations

49 avenue Rosa Parks – 69009 LYON
contact@keyena.fr
+33 (0)6 67 04 79 90 

I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the following goods (*):

Ordered on (*)/

Received on (*) :

Name of consumer(s) :

Address of the consumer(s) :

Signature of consumer(s) (only if notifying this form on paper):

Date:

(*) Delete as appropriate.