Terms of Sales
Preamble
The present general terms and conditions of sale of the company "KENNY EQUIPEMENT SAS", a simplified joint stock company with a capital of 1,500,000 euros, whose registered office is located at rue André Durouchez in AMIENS (80), registered in the AMIENS Trade and Companies Register under number 334 535 382, apply by operation of law to all sales to any customer, unless previously waived in writing by the seller.
KENNY EQUIPEMENT specialises in the design, manufacture and sale of products and accessories for motorcyclists.
Section 1
Completeness
Section 2
Subject
The purpose of these terms and conditions is to define the rights and obligations of the parties in connection with the online sale of goods by the seller to the buyer at the address www.kenny-racing.com
Section 3
The order
Section 4
Digital electronic signature
Section 5
Order Confirmation
Section 6
Proof of transaction
Computerised registers, kept in the seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties.
Order forms and invoices are archived on a reliable and durable medium that can be produced as proof.
Section 7
Product information
The products governed by these terms and conditions are those which appear on the seller's website and which are indicated as sold and dispatched by the seller. They are offered while stocks last.
Products are described and presented with the utmost accuracy. However, the seller may not be held liable for any errors or omissions in this presentation.
All photographs of products displayed are non-contractual.
Section 8
Price
The seller reserves the right to change its prices at any time, but undertakes to apply the prices in force at the time the order is placed, subject to availability on that date.
Prices are given in euros. They do not include delivery charges, which are invoiced in addition and indicated before the order is validated.
The prices include the VAT applicable on the day of the order, and any change in the applicable VAT rate will automatically be reflected in the price of the products in the online shop.
The full price must be paid at the time the order is placed. At no time may the sums paid be considered as deposits or advance payments.
If one or more taxes or contributions, in particular environmental taxes, are introduced or modified, either upwards or downwards, this change may be reflected in the selling price of the products.
Section 9
Forms of payment
This is an order with a payment obligation, which means that placing the order implies payment by the buyer.
To set the order, the buyer has access to all the payment methods made available by the seller and listed on its website.
The buyer guarantees the seller that he/she has the necessary authorisations to use the method of payment chosen by him/her when validating the order form.
The seller reserves the right to suspend any order processing and any delivery in the event of refusal to authorise payment by bank card by the officially accredited bodies or in the event of non-payment.
In particular, the seller reserves the right to refuse to make a delivery or to honour an order from a buyer who has not paid in full or in part for a previous order or with whom a payment dispute is in progress.
Section 10
Stock availability
Except in cases of force majeure or during periods when the online shop is closed, which will be clearly announced on the home page of the site, delivery times will be as indicated below, subject to stock availability.
Delivery times run from the order registration date indicated in the order confirmation e-mail.
For deliveries in mainland France, the delivery time will be a minimum of 48 hours and a maximum of 96 hours.
In case of non-compliance with the contractual deadlines, the buyer may terminate the contract, by registered letter with acknowledgement of receipt, after having asked the seller to make the delivery or provide the service within a reasonable additional time. However, if the buyer so wishes, he may immediately terminate the contract if the dates or deadlines mentioned above constitute for him an essential condition of the contract.
Section 11
Delivery mode
Delivery can be made after confirmation of payment by the seller's financial institution.
The products are delivered to the address indicated by the buyer on the order form, the buyer will have to ensure its accuracy. Any parcel returned to the seller due to an incorrect or incomplete delivery address will be redirected at the buyer's expense.
The buyer is required to provide handwritten reserves accompanied by their signature on the delivery note and any delivery anomalies (damage, product missing from the delivery note, damaged package, broken products). Once the delivery note has been signed by the buyer or an authorized person, the verification is considered completed.
If the product needs to be returned to the seller, it must be returned within 7 days of delivery. Any complaint made outside this period cannot be accepted. Returning products in their original condition (packaging, accessories, instructions) is only permissible.
Section 12
Incorrect delivery
The purchaser must notify the seller on the day of delivery, or at the latest on the first working day following delivery, of any claim of error of delivery and/or non-conformity of the products in kind or in quality in relation to the information given on the order form. Any claim made after the deadline will be rejected.
The complaint can be made, at the choice of the purchaser:
- Phone number: 03.22.09.20.00
- E-mail address:
Any claim not made in accordance with the rules set out above and within the time limits set will not be taken into account and will release the seller from all liability towards the buyer.
As soon as the complaint is received, the seller will allocate an exchange number for the product(s) concerned and will communicate it by e-mail to the buyer. A product can only be exchanged once the exchange number has been allocated.
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: Kenny Equipement - 102 Rue André Durouchez - 80 081 AMIENS
Return postage costs are at the seller's expense.
Section 13
Product guarantee
The company " KENNY EQUIPEMENT " is the guarantor of the conformity of the goods to the contract, which allows the buyer to invoke the legal guarantee of conformity provided for in articles L. 211-4 et seq. Of the French Consumer Code, or the guarantee of defects in the goods sold as defined in articles 1641 et seq. Of the French Civil Code.
If the legal guarantee of conformity is invoked, please note that :
- The buyer has a period of 2 years from delivery of the goods in which to take action;
- The buyer may choose between repairing or replacing the goods, subject to the cost conditions set out in article L. 211-9 of the French Consumer Code;
- The buyer does not have to prove the existence of a lack of conformity for 6 months following delivery of the goods.
You are also reminded that :
- the legal guarantee of conformity applies independently of the commercial guarantee indicated below;
- The purchaser may decide to invoke the warranty against hidden defects in the item sold, as defined in article 1641 of the French Civil Code. In this case, the buyer may choose between rescinding the sale or reducing the price in accordance with article 1644 of the French Civil Code.
- The products sold are also covered by a commercial guarantee intended to ensure their conformity and guaranteeing reimbursement of the purchase price, replacement or repair of the goods. It does not cover defects due to abnormal or faulty use or resulting from a cause unrelated to the intrinsic qualities of the products.
The foregoing provisions are not exclusive of the application of the legal guarantee of conformity provided for in article L. 211-4 of the French Consumer Code and the guarantee against defects in the goods sold provided for in articles 1641 et seq. Of the French Civil Code.
The purchaser is expressly informed that the seller is not the producer of all the products presented within the meaning of Law No. 98-389 of 19 May 1998 on liability for defective products.
Section 14
Right of withdrawal
In accordance with the provisions of the French Consumer Code, the buyer has a period of 14 working days from the date of delivery of his/her order to return any item that does not suit him/her and request an exchange or refund without penalty, except for the return costs, which remain payable by the buyer.
Only products returned in their complete and undamaged original packaging and in perfect condition for resale will be accepted. Any product that has been damaged or whose original packaging has been damaged will not be refunded or exchanged.
Section 15
Refund procedure
Refund
Once the buyer has communicated their decision to withdraw, they have 14 days to return the goods.
The product must be returned to the seller, whole, not disassembled and in its original packaging, by registered Colissimo, to the following address: Kenny Equipement - 102 Rue André Durouchez - 80 081 AMIENS
This right of withdrawal is exercised without penalty, it being understood that the cost of returning the goods is borne by the purchaser. In the case of an exchange, the return will be at the buyer's expense.
The seller is obliged to reimburse the buyer for all sums paid, including delivery costs, without undue delay and at the latest within 14 days of being informed of the consumer's decision to withdraw. However, the seller may defer reimbursement until the goods have been recovered, or the buyer has provided proof that the goods have been dispatched, whichever is the earlier.
Section 16
Retention of title
The seller retains ownership of the products delivered, wherever they may be located, until full and effective payment of the price by the customer, in principal and interest, even if payment terms have been granted.
In the event of application of this retention of title clause, the return of the products delivered will be at the expense and risk of the defaulting customer.
The risk associated with the goods sold is transferred to the customer upon actual delivery of the goods.
Section 17
Force majeure
Any circumstance beyond the control of the parties that prevents the performance of their obligations under normal conditions is considered to be a cause for exoneration from the obligations of the parties and will result in their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as their disappearance.
Force majeure": any event or circumstance that is irresistible, external to the parties, unforeseeable, unavoidable, beyond the control of the parties and which cannot be prevented by the parties, despite all reasonable efforts to do so.
The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those usually accepted by the case law of French courts and tribunals: blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, stoppage of telecommunications networks or difficulties specific to telecommunications networks external to customers.
The parties will meet to examine the impact of the event and agree the conditions under which performance of the contract will continue. If the force majeure event lasts for more than three months, these general terms and conditions may be terminated by the injured party.
Section 18
Partial non-validation
If one or more stipulations of these general terms and conditions are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain all their force and scope.
Section 19
Non-waiver
The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in these general terms and conditions shall not be interpreted for the future as a waiver of the obligation in question.
Section 20
Title
In the event of any difficulty of interpretation between any of the headings appearing at the beginning of the clauses and any of the clauses, the headings will be declared non-existent.
Section 21
Governing law
These general terms and conditions are governed by French law. This applies to both substantive and formal rules. In the event of a dispute or claim, the buyer should first contact the seller to obtain an amicable solution. Failing this, the buyer may bring the matter before the court of his choice.