General Terms of Sales
All commercial transactions carried out by our Company are subject to the present terms and conditions of sale (hereafter referred to as the "General Conditions") which govern the contractual relationship between any user of the www.keyena.com site (hereafter referred to as the "Client") and THE company KEYENA (hereafter referred to as "natuco") whose headquarters are 320 Genas Road, 69500 Bron, FRANCE.
At any time, KEYENA may have to change some of the provisions of these Terms of Sale. As a result, it is necessary to read the current version on the day of the order on the site. These changes are enforceable from the time they are put online and will be applied to orders placed after they are posted on the site.
Any purchase on the site is subject to all the terms and conditions. The customer will only be able to validate his order after he has properly read the Terms and Conditions. In validating the Terms and Conditions, the Client declares that he has the legal capacity to conclude a contract within the meaning of Articles 1123 and following of the French Civil Code.
For understanding the Terms and Conditions, the following terms should be defined:
Customer: a natural or legal person with full legal capacity when purchasing the products offered by THE company KEYENA and/or physical users of these same products under the responsibility of the customer.
Contract: these CGVs as well as all contractual documents supplementing and/or amending them (special terms of sale, purchase order, …).
Physical product: any type of material property that can be offered to the Customer by THE KEYENA Company as part of its activity.
Partner: a natural or legal person offering Products through the Company.
Customer Services: a set of technical, commercial or claim assistance services made available by the Company to its Customers at the following contact information:
KEYENA – 320 Genas Road , 69500 BRON
FRANCE – Tel: '33 (0)6 67 04 79 90
Website: Website accessible to the URL https://keyena.com, as well as sub-sites, mirror sites, portal and URL variations related to it.
User: Any person, physical or legal, professional or individual, private or public law, registered on the Site.
Article 1 – Contractual provisions
The nullity of a contractual clause does not result in the nullity of the CGVs, unless it is an impulsive and decisive clause that has led one of the parties to enter into the contract.
Article 2 – Products
The products put up for sale by KEYENA on the Site (hereafter the "Products") are described on the Site. They will be the subject of an individual product sheet that will present at a minimum the essential characteristics of the product based on information provided by partners, suppliers or manufacturers. The features will have an indicative value. The products will also be presented in photos, with no contractual value.
Article 3 – Graphic and photographic representations
The images and photos shown are only as a reference. The difference in the perception of shapes and colours between photographs and products cannot be the responsibility of the company and the site www.keyena.fr
Article 4 – Terms of pre-orders/orders
As part of the launch of activity, KEYENA offers the purchase of its products in the form of pre-orders during the period between 17/02/21 and 31/03/21.
To pre-order, the customer must:
- Have an open user account in compliance with the data privacy article
- Holding a valid bank card
Pre-orders are available at the following stages:
- The customer adds one or more products to their shopping cart,
- The customer creates his account or registers if he already owns customer access.
- The customer provides information about their delivery details,
- The customer is informed of the delivery method and the delivery costs,
- The Customer chooses his method of payment,
- The customer validates the Terms and Conditions and his order,
- The customer is redirected to a page of our partner and makes his request for payment,
- Finally, the Customer receives an e-mail validation of his pre-order and learns about the future steps related to validation or modification of the design (shape, colors…) before its delivery, the deadlines of which have been announced.
Customers are required to verify the completeness and veracity of the information they provide to KEYENA during the order and in particular its delivery address. The order validation email means KEYENA's acceptance of the Customer's order and thus forms the sales contract between the parties according to the terms and conditions. The information provided by the Customer as well as the Terms and Conditions form the contract between the Customer and KEYENA and will be recalled within the order validation email. The Customer is responsible for the retention of this validation email representing his copy of the sales contract. KEYENA cannot be held responsible for the fact that this email is deleted by an "anti-SPAM" device. Customers will be able to access the contents of their order at any time by logging on to the Site and opening the "My Account" tab. Terms and conditions can be viewed from any page on the Site.
Article 5 – Product Availability
5.1 For pre-sales orders, the Customer is informed that the ord
ered product is not available on the day of the order;
Pre-sales are temporary offers for products for which production has not begun; – that s
pecific delivery times apply to these orders, in accordance with Article 5.2 of the General Terms of Sale.
5.2. For pre-sales orders for KEY ONE Sprint products, the Company undertakes to deliver its products within 3 to 6 months of the date of purchase. In accepting the General Terms of Sale, the Customer acknowledges that he has been informed that production of the pre-sale ordered product has not begun. Under no circumstances would the Company be held responsible for the absence of delivery of the products until 6 months after the date of purchase.
As part of a traditional sale of a Product from the site, the user can order any product in the permanent catalog. Only the confirmation sent by KEYENA during the order can guarantee the availability of the product. In the event of the Product's unavailability after the order, the Customer will be informed by email or phone of the delivery of a partial order or the cancellation of his order.
Article 6 – Price
The selling prices of the products offered on the Site in the Presale and Sales Sessions are shown in Euros and increased to the VAT rate applicable on the day of the order.
Price to pay: The price to be paid is the price listed on the Site in the Product Listing, plus incidental costs (including delivery fees and service options) communicated during the order. It can be reduced by a discount (e.g. promotional codes or vouchers). The price will only be final when the order is confirmed. All prices are displayed on our Website in euros and all taxes included ("TTC").
Promotional codes or vouchers: The Customer will be able to benefit from promotional codes or personal and non-transferable purchase vouchers that he can use when validating his order by entering their reference in the purchase form. It is specified that promotional codes or vouchers are valid only for the duration specified by KEYENA to the Customer.
Shipping costs: Shipping is due to each order placed. The exact amount of the shipping costs depends on the mode of delivery chosen, the place of delivery of the order and its contents. The amount of the delivery fee will be shown in the basket and will be subject to customer approval prior to the validation of the basket. To obtain an estimate, the Customer can simulate his purchases on the Site. In any case, this indication remains estimated and only the price chosen at the time of the validation of the basket has contractual value except exceptions such as delivery difficulties or special modes of delivery that can lead to extra costs.
Discount and VAT: Orders are payable immediately. There will be no discount practiced. If the VAT rate changes, the price will be automatically changed without further notice than the legal due date of the new rate.
Price changes: Prices for products on the Site may change. KEYENA reserves the right to change prices without notice, especially in the event of a labelling error. Subject to the following, the prices that appear at the time of purchase are the prices applicable to that purchase. Although the website is carefully developed, the prices listed may contain errors. KEYENA is in no way bound by its offer and reserves the right to cancel the customer's purchase when such an error occurs.
Foreign currencies: Prices are shown in Euro. If the payment currency differs from the currency in which the prices appear, the Customer's bank will apply its current exchange rate on the date of purchase, beyond natuco's control.
Article 7 – Payment method
Once the CGVs have been validated, the Customer will pay for their order by credit card via Stripe, a third-party provider that ensures the security of transactions. Customers must have the following debit card or credit: Blue Card®, MasterCard®, VISA® and American Express®.
The goods can be paid by credit card for the entire Territories. The customer shows his contact details, validates the basket and the total price. He validates his order and is then redirected to a page of our partner Stripe where he provides the information relating to his bank card. Receiving confirmation from KEYENA validates the sale. The sale is then concluded subject to the availability of the product and therefore the receipt of a confirmation sent by KEYENA to the email address indicated by the user at the time of purchase.
KEYENA retains ownership of the goods sold until the property is delivered to the customer or the recipient designated by the customer. Failure to pay one or the other may result in the claim of property. These provisions do not prevent the transfer to the user, upon delivery, of the risk of loss and deterioration of purchased goods and the damage they could cause.
Article 8 – Payment security
KEYENA has chosen high-performance and rigorous tools in terms of securing the means of payment. KEYENA has adopted a Stripe solution for payment methods using the Secure Socket Layer (SSL) process, one of the most efficient security systems at the moment, and which establishes an encrypted connection directly between the Customer and the bank.
KEYENA does not have access to confidential payment information that the Customer uses during payment. This is why the Customer's bank details will be requested with each new order. Indeed, only Stripe has confidential information that remains inaccessible to third parties.
Although KEYENA uses encrypted security software, the security of information and payments transmitted over the Internet or via email cannot be guaranteed. KEYENA cannot be held liable for damages resulting from the use of electronic means of communication, including – but not exhaustively – damage resulting from failure or delay in the transmission of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and virus transmission.
Article 9 – Delivery
The product shipment will take place in the Territories defined in these Terms and Conditions.
Delivery is made at the Customer's choice among the delivery methods offered and determined according to the weight and size of the package. The delivery of each product in the basket can be carried out independently. The customer must carefully complete all the fields of the delivery form, including their delivery details, and provide a landline or mobile phone number at the time of ordering.Neither KEYENA nor the transport company can be held responsible for an impossibility of issuance due to an inaccuracy or error in the delivery address.
9.2 Delivery times
The delivery times indicated when the pre-order is validated are calculated in working days and are specific to the product affected by the pre-orders. Due to the variety of supply areas, manufacturing and logistics constraints, these delays are likely to vary and KEYENA cannot be held responsible.
9.3 Extra charges
In the event of an inability to deliver on the day of the appointment due to inappropriate information, difficulties in accessing or passing unreported by the Customer or the absence of the Customer from the Rendez-vous in violation of the commitments made during the contact, new delivery charges may be charged by KEYENA, which will contact the Customer for payment of these new delivery fees before any further delivery of the Product. In the event of non-payment of these fees, KEYENA reserves the right not to proceed with the delivery of the Product. The risk of damage resulting from these constraints will also be borne by the Customer.
9.4 Postponement of delivery/change date of delivery location
If the Customer wishes to change the delivery address or defer the delivery date, he must notify KEYENA as soon as possible and no later than seven (7) working days before the scheduled delivery date. To inform KEYENA, the Customer will have to use the "Contact" section made available to him on the Site. They will be required to recall their order number, the product concerned and provide feedback on the changes. KEYENA will then confirm its acceptance or reasoned refusal, by email or phone as soon as possible.
Article 10 – Cancellation returns and Right of Withdrawal
The Customer has the option to cancel any product order, without any indication of a reason, provided that it has not already been shipped.
To request an order cancellation, the Customer contacts KEYENA via email via the "Contact" section of the Site.
The Customer has 14 (fourteen) working days from the receipt of the property, to return his order for whatever reason. In the event of a retraction, the full return fee will be borne by the customer. This period is calculated on a working day: if the expiry of the deadline expires on a Saturday, Sunday or public holiday, the deadline is extended until the next business day at midnight. In order to facilitate the support of the Customer's retraction request, it is possible to address such a request to KEYENA through the "Contact" section made available to the Customer on the Site.
Article 11 – Hidden Vices
KEYENA guarantees the Customer against all the consequences of hidden defects that could affect the Products sold, unless otherwise stated on the Site in accordance with the provisions of French law.
The hidden defect warranty only applies if the user proves that the defect he identified already existed before KEYENA delivered his product. The onus is on the user to have the product assessed at his own expense to obtain proof of the hidden defect.
KEYENA's liability may never be greater than the value of the item in question. Moreover, no other compensation can be claimed by the Internet user other than those expressly provided for by the Consumer Code.
Article 12 – Intellectual Property
The graphic and editorial elements presented on the Site are owned by KEYENA and protected under copyright. The presentation of products (photographs, videos, drawings, product listings, etc.), whether for sale or not, are also the property of KEYENA or its partners (designers, suppliers, etc.). and therefore cannot be reproduced without express permission from their respective holders. Any copy or reproduction, any use of all or part of our graphic and/or editorial elements or any presentation of our products is strictly prohibited and constitutes an infringement of our intellectual property rights which will be prosecuted and sanctioned as such.
Article 13 – Privacy
Under Law 78-17 of January 6, 1978, it is recalled that the personal data that is requested from the buyer is necessary to process his order.
KEYENA undertakes to use the confidential information of its users only in the context of the operation of its Site.
At the first request of the user who wishes to no longer be included in the KEYENA database, we undertake to disable all contact information and information relating to the member concerned.
KEYENA will be able to apply technical means to obtain non-personal user information intended to improve the functionality of the site, for example by tracing the number of visitors to the site.
In addition, KEYENA collects personal data such as name, first name, address and email address, year of birth, only if it is given voluntarily by the visitor. The data collected in this way cannot be used for any commercial purpose other than those that are referred to on the site or that could be developed later by KEYENA.
None of the information can be transferred to third parties without the express consent of the member when it registers or later in its data management space. Each member has the right to access, modify, correct or delete the data concerning him (Article 34 of the Computer Science and Freedom Act). To practice this, you should contact KEYENA by emailing firstname.lastname@example.org or, at any time, changing its data in "My Account".
Article 14 – Litigation and Responsibilities
The Customer is required to verify the completeness, veracity of the information he provides to KEYENA during the order and in particular the delivery address. KEYENA cannot be held responsible for any input errors that could cause delivery errors. KEYENA cannot be held responsible for the Customer's non-compliance with the delivery arrangements and the appointment he himself has set with the carrier. If necessary, the costs required for the re-shipment and storage of the products will be borne by the Customer. Without limiting the preceding paragraphs, KEYENA's liability may not exceed the amount paid or payable at the time of the transaction at the origin of that liability, regardless of the cause or form of the action concerned. Any irresistible, unpredictable and independent of the will of the parties, particularly in the event of a total or partial strike by carriers, riots, war and natural disasters, is considered to be a fortuitous or force majeure of liability.
The choice and purchase of a product by the Customer is under his sole responsibility. Therefore, the total or partial impossibility of using the Products in particular because of the incompatibility of the equipment cannot give rise to any compensation, reimbursement or questioning of the responsibility of natuco, except in the case of a proven hidden defect, non-compliance, defect or exercise of the right of withdrawal provided by the French Consumer Code.
Article 15 – Settlement of Litigation
The Terms and Conditions will be executed and interpreted in accordance with French law. The parties will seek, before any litigation, an amicable agreement being reminded that the latter does not interrupt the deadlines to act as collateral. Any dispute of any kind or any challenge relating to the formation or execution of the order, even in the case of a guarantee appeal or plurality of defendants, will, in the absence of an amicable agreement of the exclusive jurisdiction of the courts in which the head office of KEYENA is located. The jurisdiction of the courts will be in accordance with the rules of the Code of Civil Procedure when the buyer does not have the status of professional.