General Sales Conditions - Kinvent Fitness

The website www.k-invent.com published and used by KINVENT BIOMECANIQUE, located Cap Oméga, Rond point Benjamin Franklin 34000 Montpellier, registered in the Companies Register of Evry (France) under number 829 348 747, enables the Users to buy measuring instruments for sport and rehabilitation on-line.

DEFINITIONS

“User”:any person navigating on the Site without being registered
Customer:any person, whether natural or legal, whether governed by private or public law, registered on the Site.
“Product”:sold by KINVENT BIOMECANIQUE on the Site

Site:website accessible at URL www.k-invent.com

ARTICLE 1.THE OBJECTIVE OF THE SITE

The object of the Site is the sale of measuring instruments for sport and rehabilitation, mainly to physiotherapists or other professionals in functional rehabilitation or in sports..

ARTICLE 2. SCOPE

The Customer’s inscription on the Site and any controls on the Site require full acceptance by the Customer of these general sale conditions, irrespective of the country of delivery of the Products.

ARTICLE 3.PRODUCT ORDER STAGES

3.1.Order

In order to place orders, Users can select one or more Products on the Site and add them to their basket. The availability of the Products areindicated on the Site in the description sheet for each item.When the order is complete, the Users can access the basket by clicking on the dedicated button.

3.2.Validation of the order

By consulting their basket, Users can check the number and nature of the Products they have chosen, and can check their unit price and their overall price.They may remove one or more Products from their basket.Users can validate the order if suitable.

3.3 Creation of a client account

If the User has not already created such an account when validating the command, he/she is invited to create an account by providing the following information:name, first name, e-mail address, postal address, telephone number.A confirmation by email is then sent to him asking him to validate his account (double “opt-in”).Once the account has been validated, the Customer can switch to the payment of its order in order to finalise it.

3.4.Payment by the Customer

The Customers are requested to provide information on their delivery and invoicing details, and to settle the payment by using the secure payment interface of the Site.

3.5.Confirmation of orders

KINVENT BIOMECANIQUE will send anorder summary e-mail to the Customer confirming the processing and stating all the information relating to it.

ARTICLE 4.PRICE — PAYMENT

4.1 Prices

The applicable prices shall be those displayed on the Site on the day of the order.These prices may be modified at any time by KINVENT BIOMECANIQUE.The displayed prices shall only be
valid on the day of the order and shall not affect the future.

The prices shown on the Site shall be understood in euro, inclusive of all taxes, but not including delivery.

Incertain countries, delivery shall be subject to customs declarations, and to customs duties and other taxes not accounted for at the time of the order. Any duties and charges shall be borne by the Customer.The Customer should inform himself upstream of the declarations, costs, customs duties and other costs applicable to the execution of his order in the country of delivery. The Customer is entirely responsible for those.

4.2.Terms of payment
The Customer can settle the payment using Paypal, bank card, bank transfer.

4.2.1 Payment by cheque
In the case of payment by cheque, the order shall be reserved for 72 hours.After that date, the Product shall be offered for sale again.The order is sent when the cheque is collected. The cheque must be addressed to KINVENT BIOMECANIQUE, and must bear the order number at the back. It must be sent in a sealed envelope to the following address:

KINVENT BIOMECANIQUE
Cap Oméga, Rond point Benjamin Franklin 34000 Montpellier – FRANCE

4.2.2 Payment by bank card
Bank card payments are made through transactions secured by Banque Populaire Val de France. In the case of payments via a bank card, KINVENT BIOMECANIQUE does not have access to any data on the Customer’s means of payment.

4.2.3 Payment by bank transfer
In the event of payment by bank transfer, the delivery period shall not start to run before the date on which the payment is received by KINVENT BIOMECANIQUE.

4.3.Invoicing
An invoice will be sent or made available by KINVENT BIOMECANIQUE to the Customer after each payment by electronic means.The Customer explicitly agrees to receive invoices by electronic means.

4.4 Payment on order

All orders shall be payable immediately.No Product will be sent before receipt of full payment of the order. For each order, a debit request from the Customer’s bank account will be sent to the bank within 24 hours.If payment is made by PayPal, the amount of purchases will be debited immediately from the PayPal account.The order will be deemed to be effective upon confirmation of the agreement of the bank payment centres.

It is up to the Customer to record and print its payment certificate if he wants to keep the bank details of the transaction.

4.5.Reservation of title
Products sold shall remain the property of theKINVENT BIOMECANIQUE until their price is paid in full, in accordance with this retention provision clause.

ARTICLE 5.COMPLAINTS — RETRACTION — GUARANTEE

5.1.Complaint
The Customer service of the Site is accessible via e-mail to: info@k-invent.com or by post to the address given at the top of these General Conditions.In the latter two cases,KINVENT BIOMECANIQUE undertakes to reply within 5 working days, outside the annual closure periods.

5.2. Retraction
5.2.1 Conditions governing the right of withdrawal
In accordance with the legislation in force for distance selling, the consumer Customer has a period of 14 days to exercise his right of withdrawal without having to give reasons or to pay penalties, with the exception, if necessary, of the return costs.

The period referred to in the previous subparagraph shall run from receipt of the Product by the Customer or a third party, other than the carrier, designated by him. Where the period of 14 days expires on a Saturday, Sunday or public or other holiday, it shall be extended up to the next working day.

The withdrawal decision must be notified to KINVENT BIOMECANIQUE by means of an unequivocal statement, by email to info@k-invent.com, or by registered letter with
acknowledgement of receipt to KINVENT BIOMECANIQUE, 17B rue de Verdun 91400 ORSAY (France).

In particular, the Customer has the possibility to use the standard form provided at the end of these General Conditions.In any event, KINVENT BIOMECANIQUE will send an
acknowledgement of receipt of the withdrawal by e-mail to the Customer as soon as possible.

5.2.2 Effects of the right of withdrawal
The Customer shall return the Products to KINVENT BIOMECANIQUE without undue delay and, at the latest, within 14 days following the communication of its decision to withdraw. Where the right of withdrawal is exercised, KINVENT BIOMECANIQUE is required to reimburse the client of all sums paid as soon as possible and at the latest within 14 days of the date on which that right was exercised.

Where appropriate, KINVENT BIOMECANIQUEATE can withhold refund of the Products until the Products are returned or until the Customer has provided proof of dispatch of the Products, at the earliest from the two events.

Where appropriate, KINVENT BIOMECANIQUE own makes a refund using the same means of payment as that used by the Customer for the initial transaction, unless there is a Customer
agreement for the use of another payment instrument and to the extent that the reimbursement does not give rise to fees for the Customer.

The cost of return of the Product remains the responsibility of the Customer, and the transport of the returned Products is the responsibility of the Customer.

The Product concerned must be returned:
– properly protected in its original packaging with any accessories, instructions for use and documentation, labels, in perfect condition for resale (not damaged, spoiled or dirtied)
– together with the sales invoice, so that the latter can identify the Customer (order number, name, first name, address).
– provided that the Product clearly has not been used (more than a few minutes), i.e. the Product does not bear the mark of a prolonged use going beyond the time necessary for the test, and the Product is in a state enabling its resale.

The Customer shall be liable only for the depreciation of the Product resulting from the handling other than that required to establish the nature and characteristics of the Product. The conditions, time limits and procedures for exercising the right of withdrawal are set out in the form provided at the end of these General Conditions.

5.3.Legal guarantees

5.3.1 Packages deteriorated, visible defects and flaws

If a parcel is clearly and visibly damaged, it is up to the Customer to reject the package in order to benefit from the guarantee offered by the carrier.The Customershall also immediately notify KINVENT BIOMECANIQUE, so that a new parcel can be prepared and sent immediately upon receipt of the damaged deteriorated package.In this case, the delivery periods specified in Article 6 of these General Conditions will no longer apply.

It is the Customer’s responsibility to check that the Products are in good condition at the time of delivery.Such checks must cover, in particular, the quality, quantities and references of the Products and their conformity with the order.Complaints will not be accepted after three days from the date of delivery.

5.3.2.Guarantee of hidden defects and flaws (Articles 1641 et seq. of the Civil Code)
As part of the guarantee for defects of the sold Product, KINVENT BIOMECANIQUE, depending on the choice of the Customer, undertakes, following an assessment of the defect, that:
– either to reimburse the full price of the returned Product
– or to reimburse part of the price of the Product if the Customer decides to keep it

5.3.3 Guarantee of conformity (articles L. 217-4 et s. of the Consumer Code)
When acting as in the frame of the conformity guarantee, the Customer:
– has a period of 2 years from the time of delivery of the goods to act
– may choose between repair or replacement, subject to the cost conditions laid down in Article L217-9 of the Consumer Code
– shall not be required to provide proof of the existence of a lack of conformity of the goods during the 24 months following the issue of the goods.

KINVENT BIOMECANIQUE undertakes, where the goods ordered by the client present a lack of conformity at the time of delivery, either to replace the Product with an identical Product or to exchange it for a Product of equivalent quality and price, or if the first 2 solutions cannot be implemented, to reimburse the cost of the Product within 30 days of the request.

5.3.4 Implementation of guarantees
Inorder to implement one of the above guarantees, it is the responsibility of the Customer to obtain the instructions necessary for the return of the Products, by email to info@k-invent.com, or by registered letter with acknowledgement of receipt to KINVENT BIOMECANIQUE , 17B rue de Verdun 91400 ORSAY (France).

The cost of return of the Product remains on the Customer, except in the case of consumer growers implementing the guarantee of conformity of Articles L.211-1 and s.Consumer Code.

ARTICLE 6.DELIVERY

6.1.Delivery costs
Delivery or provision costs will, in any event, be indicatedto the Customer before the order is finalised. The delivery costs shown on the Site shall be understood in euro, inclusive of all taxes.

6.2.Deadline for delivery
KINVENT BIOMECANIQUE undertakes to deliver the ordered Products to the carrier within a maximum period of 10 working days.This time limit may be increased, without liability for
KINVENT BIOMECANIQUE by reason of the deadlines imposed by the subcontractors to whom it may call.
Orders shall be delivered by La Poste within 10 working days of the order being placed at the control of the carrier.
Some Products or certain volumes of order may nevertheless justify a delivery period greater than the deadlines mentioned above.This will be explicitly mentioned to the Customer when validating the order. If the order has not been delivered within 7 working days after the date of delivery specified by KINVENT BIOMECANIQUE, the Customer shall have the option of cancelling the order and obtaining a full refund, unless the delay in delivery is due to force majeure.

6.3 Place of delivery
The Products are delivered to the address given by the Customer when the order is sent. In the event of absence at the time of delivery, an advice note is normally lodged in the mailbox.Should the carrier fail to deliver the package within the time limit prescribed by the carrier, the package will be returned to KINVENT BIOMECANIQUE, which will then contact the Customer for areturn at its own expense. Unless the Customer’s reply is received within a reasonable time, the Customer will be refunded.

ARTICLE 7. LIABILITY

7.1. Force majeure — Fault on the part of theCustomer
KINVENT BIOMECANIQUEwaives any responsibility in the event of force majeure or fault on the part of the Customer as defined in this Article.

7.1.1.Force majeure
Within the meaning of these General Conditions, any impediment due to the fire, epidemic, explosion, earthquake, bandwidth fluctuations, failure of the access provider, failure of mtransmission networks, collapse of installations, illegal use of passwords, codes or references given to the Customer, hacking, power failure, war, embargo, demand of any government, of requisition, strike or boycott, or other circumstances outside the reasonable control of KINVENT BIOMECANIQUE shall be considered as a case of force majeure. In such circumstances, KINVENT BIOMECANIQUEshall be exempted from the performance of its obligations within the limit of that impediment or of that limitation or failure.

7.1.2. Fault on the part of theCustomer
For the purposes of these General Conditions, any fault on the part of the Customer shall be taken to mean any improper use of the service, fault, negligence, omission, or failure on the part of the Customer, failure to comply with advice given by KINVENT BIOMECANIQUE, any disclosure or unlawful use of the password, codes and client references, as well as incorrect information or failure to update such information in its personal space.It will also be considered a fault on the part of the client the use of any technical procedure, such as robots, or automatic applications, the implementation of which would be contrary to the letter or spirit of these general sales conditions.

7.2.Technical issues — Links
If it is not possible to access the Site on account of technical problems of any kind, the Customer will not be able to claim damages or compensation.The unavailabilityof one or more online services, even if extended or of unlimited duration, can in no way give rise to the award of damages by KINVENT BIOMECANIQUE.

The hyperlinks on the Site may refer to other websites.The liability of KINVENT BIOMECANIQUE is not committed if the contents of these sites infringe the laws in force.Similarly the responsibility of KINVENT BIOMECANIQUE is not committed if the web surfer visit to one of these sites resulted in damage to the web surfer.

KINVENT BIOMECANIQUE will make its best efforts to ensure that the photographic representation of the Products on the Site is as faithful as possible to the Products.However, in view of the digital presentation of Products or services on the Internet, it is possible that the Customer perception of the photographic representation of the Products does not correspond exactly to the Product itself.The variations and differences may in no circumstances be imputed to KINVENT BIOMECANIQUE, which cannot under any circumstances see its responsibility committed as a result.

7.3.Damages liable by KINVENT BIOMECANIQUE
In the absence oflegal or regulatory provisions to the contrary, the liability of KINVENT BIOMECANIQUE is limited to the direct, personal and undeniableprejudice incurred by the Customer in connection with the relevant deficiency. KINVENT BIOMECANIQUE may under no circumstances be liable for indirect damage such as loss of data, loss of commercial property, loss of orders, brand image, trade disorder and loss of profits or clients.Similarly, and subject to the same limits, the amount of the damages liable by KINVENT BIOMECANIQUE may not in any event exceed the price of the Product ordered.

ARTICLE 8.INTELLECTUAL PROPERTY

The content of the Site is owned by KINVENT BIOMECANIQUE and covered by the French law on copyright and intellectual property.
KINVENT BIOMECANIQUE is the owner or licensee of all the content which are protected by intellectual property rights and present on the Site.
The reproduction of all or part of this content (other than is technically necessary for its reading) on whatever medium is expressly forbidden.
The reproduction of the Site or any part thereof is also expressly prohibited.
Using the content of the Site in contravention of these requirements shall be deemed to constitute infringement within the meaning of Article L335-2 of the Intellectual Property Code.In addition to civil liability damages, infringement may be punishable under criminal penalties by a fine of EUR 300,000 and/or 3 years in prison.For other uses, please contact KINVENT BIOMECANIQUE.

ARTICLE 9.PERSONAL DATA

All personal data transmitted directly or indirectly by the Customers to KINVENT BIOMECANIQUE are strictly confidential and are used by KINVENT BIOMECANIQUE to carry
out transactions relating to orders, i.e. payments, deliveries, invoices, accounts, monitoring of the relationship with the Customer (satisfaction surveys, handling of complaints and after-sales service, etc.), fight against fraud, etc.

For full information on the processing of personal data, you are invited to consult KINVENT BIOMECANIQUE data privacy policy.

In accordance with the data privacy policy, the Customer may at any time:
– object to the processing of his/her personal data
– have access to all of his/her personal data, from his/her client account
– rectify, update and delete personal data from his/her client account
– request portability of his/her personal data
– request restriction of data processing concerning his/her personal data
– communicateinstructions on the retention, erasure and communication of his/her personal data after his/her death.

In order to exercise his/her rights, the Customer may choose to address his/her request by giving his/her e-mail address, surname, first name, postal address, and a copy of an identification document:
– by e-mail to info@k-invent.com
– by post to KINVENT BIOMECANIQUE, 17B rue de Verdun 91400 ORSAY (France).

A reply shall be sent to the client within a maximum of one month from the date of receipt of the request.

ARTICLE 9.GENERAL PROVISIONS

9.1.Change to the CSC (General Sales Conditions)
KINVENT BIOMECANIQUEreserves the right to change these GSC at any time. The GSC applicable to the Customer shall be those in force on the day of the order or connection to this Site.
By continuing to use the services following a change, the User will be subject to the updated GSC provisions.

9.2.Applicable law and disputes
These GSC are subject to French law and, in particular, to the courts of Evry. Subject to the applicable public policy provisions on jurisdiction, the courts of Evy will have sole jurisdiction to hear any dispute over the GSC, including, but not limited to, any dispute over their validity, interpretation, execution and/or termination and its consequences.

In case of divergence of interpretation, the French version of the GSCprevails. Except if otherwise provided for by public policy, any dispute which may arise in the performance
of these General Conditions must before any judicial action be submitted to the assessment of KINVENT BIOMECANIQUE, with a view of reaching an amicable settlement.

The fact that one of the Parties does not avail itself of its rights under any of the provisions of the GSC does not in any way affect the right to avail later on, at any time. The fact that one of the Parties does not avail itself of the breach of any of the provisions of the GSC does not constitute a waiver of later application of this or a new breach or waiver of the
stipulation itself.

A practice which deviates from the provisions of the GSC, even if it would have persisted for some time, does not prevent one of the parties from requesting the faithful and literal application
of the provisions of the GSC. If any of the provisions of the GSC were to be declared null or invalid, this provision would be regarded as separable and the other provisions would retain their full effect.

The provisions of these general conditions apply subject to compliance with the mandatory provisions of the Consumer Code on unfair terms in contracts concluded between a Professional and a consumer.

9.3.Date of entry into force of these GSC
30/06/2018

10 THE CLIENT’S RIGHT TO EXERCISE THE RIGHT TO TRANSFER CONSUMER IN CONNECTION WITH A DISTANCE SALE

If you wish to exercise your right of withdrawal, you are advised to use the form below.
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EXERCISE OF THE RETRACATION RIGHT
Consumer artL.121-17 s.

Conditions:
Complete and sign this form

Send it by registered letter with advice of delivery to the following address: KINVENT BIOMECANIQUE, Cap Oméga, Rond point Benjamin Franklin 34000 Montpellier

Or by e-mail to : info@k-invent.com

It shall be sent by hand one day at the latest from the day on which the order is placed or, if that period normally expires on a Saturday, Sunday or public holiday or non-working day, the
first working day thereafter.

I, the undersigned, declare that the order set out below is void: the Nature of the goods or the service ordered:
the date of the order:

date of arrival of the order:

Customer Name:
Customer Address:
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Signature of the client: