GENERAL TERMS AND CONDITIONS OF SALE AND LICENSE

Online Sales

www.k-invent.com/shop/

Version dated 9 November 2023

* * *

Find the General Terms and Conditions of Online Sales in the USA here.

* * *

Read the General Terms and Conditions of Physical Sales here.

* * *

The website accessible at the URL address www.k-invent.com/shop/ (the “Website”) is published and operated by KINVENT BIOMECANIQUE, a simplified joint stock company with capital of 626,054.25 euros, identified under number 829 348 747 RCS Montpellier, whose registered office is located at Cap Omega, Rond-Point Benjamin Franklin 34000 Montpellier (“KINVENT BIOMECANIQUE”).

The Website includes an online shop and enables Customer Users (as defined below) to purchase measuring instruments for sport and rehabilitation online. These general terms and conditions of sale and license (the “GTC”) thus apply to any purchase of one or more products offered by KINVENT BIOMECANIQUE, to the exclusion of transactions carried out outside the KINVENT BIOMECANIQUE website, which are for their part subject to specific terms and conditions of sale distinct from these GTC. They also contain the license conditions associated with any subscription allowing the use of all the functionalities of KINVENT BIOMECANIQUE products. 

These GTC apply to all KINVENT BIOMECANIQUE customers, regardless of their status:

The GTC apply to all KINVENT BIOMECANIQUE’s customers, regardless of their status:

 

  • consumers, i.e., natural persons acting for purposes other than their business, industrial, craft, freelance or agricultural activity;

 

  • professionals, i.e., public or private natural or legal persons acting in the scope of their business, industrial, craft, freelance or agricultural activity, including if in the name and on behalf of another professional;

 

  • non-professionals, i.e., any legal person not acting for professional purposes. For the purpose of the GTC, non-professionals are assimilated to consumers.  

 

Some specifically identified stipulations of the GTC only apply to consumers or professionals, depending on the case. Accordingly, KINVENT BIOMECANIQUE requests you to read the GTC in detail to identify the stipulations applicable to you as a consumer or a professional. 

 

In compliance with Articles L. 112-1, L. 112-2 and L. 141-1 of the French Consumer Code (Code de la consommation), these general terms and conditions are available to purchasers for information purposes before they purchase. In compliance with Article L. 441-1 of the French Commercial Code (Code de commerce), these GTC constitute the sole basis of the business relationship between the parties. 

SECTION 1 – DEFINITIONS

For the purposes of the GTC, the capitalized terms set out below, whether used in the singular or the plural, are defined as follows:

Application: means the smartphone application “KINVENT PHYSIO” (available for iOS and Android) enabling the use of KINVENT BIOMECANIQUE’s Products. Some of the Application’s features are subject to a paid subscription with KINVENT BIOMECANIQUE.

User: means any person browsing the Website without being registered;

Customer: means any natural person or legal entity, under private or public law, registered on the Website, and placing an order for one or more Products and/or downloading the Application.                    

License: means the rights granted by KINVENT BIOMECANIQUE to the Customer to use the features of KINVENT BIOMECANIQUE’s Products. Some features are subject to a paid subscription. 

Order: means any purchase of a Product on the Web Site. The Products are sold by KINVENT BIOMECANIQUE.

Product: means any device offered for sale by KINVENT BIOMECANIQUE on the Web Site. The Products are measuring instruments for sports and rehabilitation, primarily intended for physiotherapists or other professionals in functional rehabilitation or sports. 

User: means any natural person using a KINVENT BIOMECANIQUE Product and/or the Application. 

 

SECTION 2. SCOPE OF APPLICATION

The use of the Website, registration on the Website, the creation of a customer account, and any orders placed on the Website, as well as the use of the “KINVENT PHYSIO” Application, are governed by these GTC. They require the full and entire acceptance by the Client of these GTC, which must be validated at the time of registration on the Website and/or the placing of the Order, regardless of the country of delivery of the Products, and/or the use of the Application.

SECTION 3. PRODUCT PURCHASES

3.1. Information on the Products

In accordance with Articles L. 111-1 and L. 112-1 of the French Consumer Code, the main characteristics and prices of KINVENT BIOMECANIQUE’s Products are available in KINVENT BIOMECANIQUE’s brochures and on its website www.k-invent.com/shop/ (“Website”).

 

KINVENT BIOMECANIQUE presents and describes its Products in its brochures with the utmost care for the best information of its Customers, whether consumers or professionals. However, minor errors may occur in the presentation of the Products. 

 

In such a case, KINVENT BIOMECANIQUE may in no event be held liable for the said errors and will make all the necessary corrections to any erroneous presentation as soon as possible after it becomes aware of the error concerned.  

 

Some of the Products sold by KINVENT BIOMECANIQUE are not designed by it. In that case, the Products are described in the brochures published by their manufacturers, who are therefore responsible for their description. 

 

In case of non-compliance, Customers can implement the guarantee referred to in Section 5.3 below (“Statutory guarantees”).

 

3.2 Product availability

 

As a matter of principle, and unless otherwise stated on the Website, all Products offered are available in stock and/or by special order. The term “in stock” means “while stocks last”.

 


Notwithstanding the foregoing, Products indicated as being “in stock” when the order is placed may sometimes no longer be available when the order is processed. 

 

In such a case, KINVENT BIOMECANIQUE will try to obtain a restocking from its supplier, within a timeframe that will be communicated to the Customer. However, given the specific nature of the products offered, KINVENT BIOMECANIQUE is not always able to restock.

 

Therefore, if the product ordered is not available within a reasonable time, the Customer will be informed as soon as possible and will have the option of canceling the order. KINVENT BIOMECANIQUE may itself be obliged to cancel the order if it appears that a Product ordered cannot be restocked. 

 

Furthermore, in the event that the words “Available from MM/DD/YYYY” appear on a Product description, the order can only be processed and dispatched from this date at the earliest.

 

3.3 Placing an Order

In order to place an Order, Customer Users may select one or more Products on the Web Site and add them to their shopping basket. Once the Order has been completed, Customer Users can access the basket by clicking on the dedicated button.

3.4 Order validation

By consulting their basket, Customer Users can check the number and nature of the Products they have chosen, and can check their unit price and total price. They can remove one or more Products from their basket. The Customer User may validate his/her order if he/she wishes.

3.5 Creation of a customer account

If the Customer User has not already done so before validating his/her Order, he/she is invited to create a customer account by providing the following information: surname, first name, e-mail address, postal address and telephone number. An e-mail confirmation will then be sent to the customer asking them to validate their account (double opt-in). Once the account has been validated, the Customer can proceed to the payment of their order in order to finalize it.

The collection and processing of the Customer’s personal data is carried out in accordance with KINVENT BIOMECANIQUE’s Confidentiality Charter.

THE CUSTOMER IS SOLELY RESPONSIBLE FOR KEEPING HIS/HER LOGIN AND PASSWORD ASSOCIATED WITH HIS/HER KINVENT BIOMECANIQUE CUSTOMER ACCOUNT. THE CUSTOMER UNDERTAKES NOT TO COMMUNICATE THIS INFORMATION TO ANY THIRD PARTY WHATSOEVER. ANY ORDER PLACED BY A THIRD PARTY USING THIS INFORMATION IS BINDING ON THE CUSTOMER.

3.6 Payment for the Order

Customers are invited to enter their delivery and invoicing details and to make payment using the Website’s secure payment interface, in accordance with article 4 below (“Prices – Payment”).

3.7 Order Confirmation

KINVENT BIOMECANIQUE will automatically send the Customer an order summary e-mail confirming that the order has been processed and mentioning all related information.

 

ARTICLE 4. PRICES – PAYMENT

4.1 Prices

The prices applicable to each Product will be those displayed on the Website at the time of the order. These prices may be modified at any time by KINVENT BIOMECANIQUE. 

The prices indicated on the Web Site are in euros, including all taxes (in particular VAT), but excluding delivery. Delivery costs are determined according to the total weight of the Order. 

The cost is calculated automatically and appears during the ordering process on the Website once the delivery address has been entered.

In some countries, delivery is subject to customs declarations, as well as customs duties and other taxes not recorded at the time the order is placed. Any duties and charges are the responsibility of the Customer. The Customer must find out in advance about the declarations, fees, customs duties and other charges applicable to the execution of his/her order in the country of delivery. The Customer is entirely responsible for this.

Similarly, in the event of an order to a country other than France, the Customer is deemed to be the importer of the Product(s) concerned and must ensure that it has made all the necessary declarations and/or has all the authorisations and clearances required to import the said Product(s) into the destination country, as KINVENT BIOMECANIQUE cannot be held responsible in this respect.

 

4.2 Payment methods

Customers may pay for their Orders by cheque, bank card, bank transfer or PayPal, in accordance with the terms and conditions set out below.

4.2.12 Payment by bank card

Payments by bank card are made by means of transactions secured by the Banque Populaire Val de France. In the event of payment by bank card, KINVENT BIOMECANIQUE has no access to any data concerning the Customer’s means of payment.

4.2.23 Payment by bank transfer

In the event of payment by bank transfer, the delivery period will only begin from the date of receipt of payment by KINVENT BIOMECANIQUE.

 

4.2.34 Payment by PayPal

Customers may pay for their Orders using PayPal. In this case, the Customer must follow the transaction settlement process set up by PayPal. In particular, they may be required to log on to the PayPal website or smartphone application using the login and password associated with their PayPal account. The implementation of this process is beyond the control of KINVENT BIOMECANIQUE, which accepts no liability in this respect.

 

4.3 Invoicing

An invoice will be sent to the Customer or made available by KINVENT BIOMECANIQUE after each electronic payment. The Customer expressly agrees to receive invoices electronically.

4.4 Payment on order

All Orders are payable in cash. No Products will be dispatched until full payment for the Order has been received. For each Order, a request to debit the Customer’s bank account will be sent to the bank within 24 hours. In the event of payment by PayPal, the amount of the purchases will be debited immediately from the PayPal account. The order will be deemed effective once the agreement of the bank payment centers has been confirmed.

It is the Customer’s responsibility to save and print out their proof of payment if they wish to keep the bank details of the transaction.

4.5 Late payment

Late payment by a consumer: any delay in payment will automatically give rise, without notice, to the payment of interest at the applicable legal rate plus 1.5% (one point five percent). The consumer Customer will also bear any legal costs and, as a penalty, the penalty clause set out in Article 1226 et seq. of the French Civil Code. This penalty amounts to 10% (ten percent) of the total amount of the invoice and the minimum chargeable amount is one hundred (100) euros. 

 

Late payment by a professional: KINVENT BIOMECANIQUE may charge late payment interest at three (3) times the legal interest rate without any reminder or prior notice being necessary. The interest is calculated per day of delay from the first day of delay to the date of full payment by the professional Customer of all amounts due to KINVENT BIOMECANIQUE.

 

In accordance with Article D. 441-5 of the French Commercial Code, the professional Customer will also automatically be charged a statutory penalty of forty (40) euros to cover the debt collection costs incurred by KINVENT BIOMECANIQUE. Where applicable, if such costs exceed this amount, KINVENT BIOMECANIQUE may claim additional compensation from the professional Customer, subject to producing supporting documents indicating the procedures completed. These penalties do not apply in cases where the Customer proves that it is subject to insolvency or compulsory liquidation proceedings. All costs in connection with overdue payment due to the refusal of a Customer’s payment by the bank will be borne by the Customer. 

 

4.6 Retention of ownership

 

The Products sold remain in the ownership of KINVENT BIOMECANIQUE until full payment of their price, in accordance with this retention of ownership clause, which the Customer expressly accepts. 

Failure to pay the price may result in KINVENT BIOMECANIQUE claiming back the goods without any refund.

 

These rules do not preclude the transfer to the Customer, upon delivery of the goods, of the risk of loss and deterioration of the goods and of liability for the damage they may cause. 

 

In the case where the Customer sells the Products on, or if the Products are damaged, KINVENT BIOMECANIQUE reserves the right, by any legal means, to claim payment of any invoices remaining unpaid on the agreed payment dates.

 

ARTICLE 5. LLICENSE – SUBSCRIPTION

5.1 License

 

KINVENT BIOMECANIQUE grants the Customer a License to use the Application in association with KINVENT BIOMECANIQUE’s Products. The License is granted for the term of the copyright attached to the Application. The License does not include any right to modify the Application or to create derivative works from the Application. The License does not include any right to access the source code of the Application, or to correct the Application, such rights being reserved to KINVENT BIOMECANIQUE in view of the fact that the Application and the Products are closely connected.

 

The License includes the right for the Customer to sub-license the Application to End Users solely to use the Application according to its usage. 

 

Certain features of the Application require a subscription, as described in Section 5.2 below (“Subscription“). 

 

It is agreed that KINVENT BIOMECANIQUE may terminate the License in the event of non-compliance with the rules set out in this section.

 

5.2 Subscription

 

Some features of the Application are only available by taking out a subscription with KINVENT BIOMECANIQUE, based on the price applicable at the time the subscription is made. The subscription packages (based on the number of Users, in particular) are described in KINVENT BIOMECANIQUE’s brochure. 

 

The initial term of the subscription is indicated in the Purchase Order. At the end of that period, the subscription is automatically renewed on each anniversary date for successive periods of one (1) year, unless terminated earlier with one (1) month’s prior notice. The Customer can terminate its subscription by certified mail with return receipt sent to KINVENT BIOMECANIQUE or by email sent to support@k-invent.com, or by contacting KINVENT BIOMECANIQUE using the contact form in the “Customer Service” menu of the Application. No account will be taken of any other termination request made by telephone or SMS or sent to addresses other than those indicated in this section.

 

In the event of non-compliance with the above-mentioned notice period, the Customer will be automatically bound for an additional period of one (1) year and must pay the corresponding subscription fee to KINVENT BIOMECANIQUE.

 

The purchase of additional Products during an ongoing subscription period does not extend the term of the subscription. Similarly, if the Customer purchases a subscription from a KINVENT BIOMECANIQUE sales representative (product, pack, or license invoice) and subsequently purchases a duplicate subscription on KINVENT BIOMECANIQUE’s website, the only valid License will be the first. The duplicate subscription will be canceled and refunded.

 

ARTICLE 6 – COMPLAINTS — WITHDRAWALS — WARRANTIES AND GUARANTEES

6.1 Complaints

KINVENT BIOMECANIQUE Website’s Customer service can be contacted by email at support@k-invent.com or by letter at the address indicated on the first page hereof. KINVENT BIOMECANIQUE undertakes to reply within five (5) working days of receipt of the complaint (except during annual closing periods). 

6.2 Withdrawals

6.2.1 Terms governing the right of withdrawal

THE FOLLOWING TERMS DO NOT APPLY TO PROFESSIONAL CUSTOMERS 

In compliance with applicable laws concerning doorstep selling, consumer Customers can exercise their right of withdrawal within a period of fourteen (14) days without any justification or penalty, except, where applicable, the cost of returning the goods.

The above-mentioned period begins on the date of receipt of the Product by the Customer or a third party, other than the carrier, designated by it. If the withdrawal period expires on a Saturday, a Sunday, a public holiday, or a non-working day, it is extended to the next working day.

Notice of withdrawal must be sent to KINVENT BIOMECANIQUE by way of a clearly worded statement, by email to support@k-invent.com or by certified mail with return receipt at the following address: Cap Omega, Rond-Point Benjamin Franklin 34000 Montpellier (France). The Customer can (but has no obligation to) use the template form provided in Schedule 1 of the GTC. In any event, KINVENT BIOMECANIQUE will send notice of receipt of the withdrawal by email to the Customer as soon as possible. 

 

6.2.2 Effects of withdrawal

The right of withdrawal may not apply in the case of an order for customized Products or Products prepared in accordance with the Customer’s specifications.

 

Subject to this reservation, the Customer must return the Products to KINVENT BIOMECANIQUE without undue delay and no later than fourteen (14) days from notice of the withdrawal. Where the right of withdrawal is exercised, KINVENT BIOMECANIQUE will refund all the amounts paid by the Customer as soon as possible and no later than fourteen (14) days from the exercise date. 

 

Where appropriate, KINVENT BIOMECANIQUE may suspend the refund of the Products until they are returned or until the Customer provides proof of shipment of the Products, whichever is earlier. 

 

KINVENT BIOMECANIQUE will proceed with the refund using the same method of payment as that used by the Customer for the initial transaction, except if the Customer agrees to the use of another method of payment and provided that the refund does not result in any cost for the Customer.

 

PRODUCT RETURN COSTS (INCLUDING SHIPPING) ARE BORNE BY THE CUSTOMER.

 

The Product must be returned:

 

  • appropriately protected in its original packaging with any accessories, user manuals and documentation, labels, and in perfect condition for resale (clean and undamaged); 

 

  • accompanied by the invoice, to enable the identification of the Customer (order number, name, first name, address);

 

  • on the condition that the Product has clearly not been used (more than a few minutes), i.e., it does not show any signs of prolonged use beyond the time required to test it, and that it is in a condition enabling its resale. 

The Customer will only be liable for depreciation of the Product resulting from its handling for longer than necessary to establish the nature and characteristics of the Product. 

6.3 Guarantees 

6.3.1 Damaged packages, defects, and visible defects

When the Products are delivered, and if a package is clearly and visibly damaged, the Customer must refuse the delivery to benefit from the carrier’s guarantee. The Customer must also immediately inform KINVENT BIOMECANIQUE so that a new package can be prepared and immediately sent upon receipt of the damaged package. In such cases, the delivery times indicated in Section 6 of the GTC will no longer apply.  

It is the Customer’s responsibility to check that the Products are in good condition at the time of delivery. These checks must include the quality, quantities and references of the Products and their compliance with the order. Claims made more than three days after the date of delivery will not be accepted.

6.3.2 Warranties attached to the Application

Subject to any mandatory legal provisions to the contrary, more favorable to consumers, KINVENT BIOMECANIQUE warrants that the Application and all its components are original, were developed by it and are its ownership or the ownership of third parties by whom it is legally licensed. 

 

KINVENT BIOMECANIQUE warrants that the Application is supplied free of viruses and malware. 

 

KINVENT BIOMECANIQUE provides no other warranty than those set out in this section. In particular, the Customer declares that it is aware and accepts that the Application is supplied as is, that its operation may be subject to interruptions and that KINVENT BIOMECANIQUE reserves the right to correct (or not correct) any potential malfunctions of the Application. 

 

6.3.3 Liability for defects and hidden defects (Article 1641 et seq. of the French Civil Code)

Regarding liability for defects of the Product sold, KINVENT BIOMECANIQUE undertakes, at the Customer’s choice and after assessing the defect, to:

  • fully refund the price of the returned Product, or
  • partially refund the price of the Product if the Customer decides to keep it. 

6.3.4 Compliance guarantee (Article L. 217-4 et seq. of the French Consumer Code)

When acting in connection with the compliance guarantee, consumer Customers:

  • have a period of two (2) years from delivery of the goods to act; 

 

  • can choose between repair or replacement, subject to the conditions laid down in
    Article L. 217-9 of the French Consumer Code regarding the cost and subject to assessment by KINVENT BIOMECANIQUE;

 

  • are not required to bring evidence of a lack of compliance of the goods during a period of twenty-four (24) months after delivery of the goods. 

In the event of a lack of compliance of the goods ordered by the Customer at the time of delivery, KINVENT BIOMECANIQUE undertakes to replace the Product with an identical Product, or to exchange it for a Product of equivalent quality and price, or if neither of these first two solutions can be implemented, to refund the price of the Product within thirty (30) days of the request.

6.3.5 Extended Guarantee

At the time of purchase and up to 2 (two) months after receipt of the Products, the Customer is offered the possibility of subscribing to an extended guarantee with KINVENT BIOMECANIQUE. This offer is optional, and the Customer may refuse it, in order to benefit solely from the legal warranty, for the duration fixed by law.

This extended guarantee can be purchased from KINVENT BIOMECANIQUE or its distributors. It has the effect of extending the protection of the Products for an additional period which is added to the duration of the legal guarantee. The duration of the extension may range from 1 (one) to 5 (five) additional years. The guarantee extension takes effect at the end of the legal warranty period, and lasts for the agreed duration.

The guarantee extension is offered by KINVENT BIOMECANIQUE in return for payment of a price which will be indicated to the Customer at the time of the Order. The extension is granted only if the Customer is up to date with payment of this sum. 

Subscribing to an extended guarantee in no way affects the Customer’s rights under the legal guarantees referred to in articles 6.3.3 and 6.3.4. 

6.3.6 Implementation of the guarantees

To implement one of the above-mentioned guarantees, whatever the warranty period (legal warranty or extended warranty, the Customer must request instructions for the return of the Products by email sent to support@k-invent.com or by ordinary mail sent to KINVENT BIOMECANIQUE, Cap Omega, Rond-Point Benjamin Franklin, 34000 Montpellier (France).

The cost of returning the Product is borne by the Customer, except in the case of producer consumers implementing the compliance guarantee set out in Article L. 211-1 et seq. of the French Consumer Code.

6.3.7 Legislation applicable to guarantees to the benefit of consumers

For consumer Customers, the stipulations set out herein are without prejudice to the statutory guarantees, including the guarantee against hidden defects, laid down in Articles 1641 to 1649 of the French Civil Code, pursuant to the following legal provisions: 

 

Article L. 217-4 of the French Consumer Code

 

“The seller must deliver the goods in compliance with the contract and is responsible for any non-conformity at the time of delivery. It is also responsible for any non-conformity due to the packaging, assembly instructions or installation, if the latter was the responsibility of the seller under the contract or was carried out under the seller’s supervision.”

 

Article L. 217-5 of the French Consumer Code

 

“The goods comply with the contract: 

 

1) If they are suitable for the use normally expected of similar products and, as applicable:

– if they correspond to the description given by the seller and have the qualities that the seller presented to the purchaser in the form of a sample or model;

– if they have the qualities that a purchaser can legitimately expect in, view of the statements publicly made by the seller, the manufacturer or its representative, in particular as regards advertising or labelling;

 

2) Or if they have the characteristics defined by mutual agreement between the parties or are suitable for any specific use required by the purchaser, and of which the seller was informed and the seller accepted.”

 

Article L. 217-12 of the French Consumer Code

 

“Legal action on account of a lack of conformity is time-barred after a period of two years from the delivery of the goods.” 

 

Article 1641 of the French Civil Code

 

“A seller is bound to a guarantee against latent defects in the goods sold rendering them unfit for their intended use or impairing that use to such an extent that the purchaser would not have bought the goods, or would have paid a lower price for them, had it been aware of the defects.” 

 

Article 1648 § 1 of the French Civil Code

 

“Legal action on account of latent defects must be brought by the purchaser within a period of two years following the discovery of the defects.” 

 

N.B. Under the statutory compliance guarantee, consumers:

  • have a period of two (2) years from the delivery of the product to take action against the seller; 
  • can choose between the repair and the replacement of the product, subject to the conditions laid down in Article L. 217-9 of the French Consumer Code regarding the cost;
  • are exempted from bringing evidence of a lack of compliance of the goods for a period of six (6) months following the delivery of the product. This period was extended to twenty-four (24) months as from March 18, 2016, except for second-hand goods.  

The statutory compliance guarantee applies regardless of the commercial guarantee potentially covering your product. Consumers can decide to implement the guarantee against hidden defects in the product sold, as defined in Article 1641 of the French Civil Code, and in that case, they can choose between the cancellation of the sale or a reduction in the sale price, in accordance with Article 1644 of the French Civil Code. 

 

SECTION 7. DELIVERY

7.1 Delivery costs

The cost of delivery or provision is indicated to the Customer before the order is finalized. The delivery costs indicated in the Purchase Order are in euros and are tax inclusive.  

7.2 Delivery times

Orders are delivered by the postal service within thirty (30) working days of the Order date. This period may be extended, without any liability for KINVENT BIOMECANIQUE, due to the delivery times imposed by its subcontractors and/or the destination of the Products.

Certain Products and order volumes may, however, require a longer delivery time than that indicated above. The Customer will be clearly informed of this when the order is validated. If the Order is not delivered within forty (40) working days of the Order date, the Customer will be entitled to cancel the Order and be fully reimbursed, except if the delay in delivery is due to a force majeure event. 

7.3 Place of delivery

The Products are delivered to the address indicated by the Customer on the Order date. In case of absence at the time of the delivery, a delivery notice will be left in the letter box. In case of non-delivery of a package by the carrier within the time indicated by it, the package will be returned to KINVENT BIOMECANIQUE, who will contact the Customer to return the Products at its cost. Failing a timely reply by the Customer, the Customer will be refunded. 

 

7.4 Miscellaneous

The package will be carried to the recipient (at the entrance door on the ground floor) by our regular transport services provider or by an intermediary of our choice.  

No Products are dispatched or delivered by KINVENT BIOMECANIQUE on Saturdays, Sundays, and public holidays. Delivery does not include the unpacking and installation of the Products. 

An order may be delivered in several separate packages. KINVENT BIOMECANIQUE may in no event be held liable if the packages are delivered by the carrier on different dates (or over several days). In such cases, acceptance of the first package delivered is deemed as acceptance of the entire order.  

Subject to any mandatory legal provisions to the contrary, more favorable to consumers, all the goods sold are transported at the Customer’s own risk, regardless of the method of transport and the terms of payment of carriage. Where applicable, particularly in case of damage, the Customer is responsible for informing the carrier of its reservations before taking delivery of the goods, in accordance with Section 5.3.1 above. 

KINVENT BIOMECANIQUE may in no event be held liable for any delay or non-execution of all or part of the order, particularly in case of failure by the customer to comply with the terms of payment or to provide the information necessary for the timely execution of the order.

SECTION 8. LIABILITY

Subject to any mandatory legal provisions to the contrary, more favorable to consumer Customers, the liability of KINVENT BIOMECANIQUE is subject to the following provisions.

 

8.1. Force majeure — Customer fault

KINVENT BIOMECANIQUE assumes no liability in the occurrence of a force majeure event or a Customer fault, as defined in this Section. 

8.1.1. Force majeure

In accordance with Article 1218 of the French Civil Code, any impediment due to fire, an epidemic, an explosion, an earthquake, bandwidth variations, failure of the access provider, breakdown of transmission networks, breakdown of facilities, unauthorized use of the passwords, codes or references provided to the Customer, hacking, a power outage, war, an embargo, a government requirement, a requisition, a strike or boycott, or other circumstances beyond the reasonable control of KINVENT BIOMECANIQUE will be deemed as a force majeure event. In such circumstances, KINVENT BIOMECANIQUE will be exempted from the performance of its obligations to the extent and for the duration of any such impediment.

8.1.2. Customer fault

For the purposes of the GTC, Customer fault means any misuse, fault, negligence, omission or failure by the Customer, any non-compliance by the Customer with the advice given by KINVENT BIOMECANIQUE (including the instructions for use contained in the user manual), any disclosure or unlawful use of the password, codes and customer references, and any erroneous information or failure to update such information in the Customer’s personal space. Any use of technical processes, such as robots or automatic applications, whose implementation would be explicitly or implicitly contrary to the GTC, is also considered as a Customer fault.

THE CUSTOMER MUST COMPLY WITH THE TERMS OF USE OF THE PRODUCTS, AS SET OUT IN THE USER MANUAL. FAILING THIS, NO GUARANTEE WILL APPLY.

 

8.2 Damage caused by KINVENT BIOMECANIQUE

Subject to any legal or regulatory provision to the contrary, KINVENT BIOMECANIQUE‘s liability is limited to direct, personal, and indisputable losses incurred by the Customer due to the breach concerned. In no event may KINVENT BIOMECANIQUE be held liable for indirect damage such as loss of data, loss of business property, loss of orders, loss of brand image, business disruption and loss of profit or goodwill. Similarly, and within the same limits, in no event may the damages due by KINVENT BIOMECANIQUE exceed the price of the Product ordered.

SECTION 9. INTELLECTUAL PROPERTY

KINVENT BIOMECANIQUE is the owner or licensee of all the elements related to the Products and the Application. In no event does the sale or use of the Products and/or the Application involve any transfer of intellectual property rights to the User.

SECTION 10. CUSTOMER SERVICE

 

Consumer customers can contact KINVENT BIOMECANIQUE with a view to the proper performance of the sales contract or the processing of a complaint. No surcharge is due for this. 

 

KINVENT BIOMECANIQUE’s customer service is available from Monday to Friday from 9:30 a.m. to 5:30 p.m. and can be contacted at the following number: +33 4 67 13 00 33 (standard rate number).

SECTION 11. APPLICABLE LAW AND DISPUTES

11.1 Disputes with consumer Customers

 

Consumer Customers have the right to resort to a consumer mediator free of charge with a view to the amicable resolution of a dispute with a professional. 

 

KINVENT BIOMECANIQUE guarantees to the Consumer Customer that it will effectively engage in a consumer mediation process. 

 

KINVENT BIOMECANIQUE adhered to the CM2C (Center of the Mediation of Consumption of Conciliators of Justice – www.cm2c.net) and any Consumer Customer can thus seize a mediator of this organization in order to submit his problem to him.

 

Moreover, Consumer Customers can refer the dispute to a mediator of their choice, among those whose contact details are listed on the European Commission’s website at the following URL address: https://ec.europa.eu/consumers/odr 

 

Failing an amicable agreement, any dispute in connection with the GTC will be submitted to the exclusive jurisdiction of the COMPETENT COURT OF MONTPELLIER, except for disputes concerning non-traders, which are subject to the statutory rules of jurisdiction.

 

11.2 Disputes with professional customers

 

In the event of a dispute with a professional Customer in connection with the GTC, the COMPETENT COURTS OF MONTPELLIER will have sole jurisdiction, regardless of the place of delivery and the accepted method of payment, including in the case of third-party appeals, multiple defendants, or emergency proceedings (interim order, subpoena, petition).

 

SECTION 12. MISCELLANEOUS

Any failure by either Party to enforce its rights under any provision of the GTC will not affect its right to enforce such provision at any time subsequently. Any failure by either Party to claim a breach of one of the provisions of the GTC will not constitute a waiver of the subsequent application of that provision or a new breach or waiver of the provisions themselves.

Any practice that is contrary to the provisions of the GTC, even if continued for a certain time, will not prevent either party from demanding the strict application of the provisions of the GTC. If any provision of the GTC is found to be null and void or invalid, such provision will be deemed as severable and the remaining provisions will continue in full force and effect.

The provisions of these GTC apply subject to compliance with mandatory provisions on unfair terms of contract.

These General Terms and Conditions, as well as the attached price lists and schedules of discounts and rebates, are expressly approved and accepted by the Customer who represents and acknowledges that it is fully aware thereof, and therefore waives reliance on any third-party document, including its own general terms of purchase.

* * * 

 

SCHEDULE 1 – HOW TO EXERCISE YOUR RIGHT OF WITHDRAWAL

To exercise your right of withdrawal in the case of an off-premises sale further to doorstep selling, please use the template form below and send it by certified mail with return receipt to the following address: KINVENT BIOMECANIQUE, Cap Oméga, Rond-Point Benjamin Franklin 34000 Montpellier (France) or by email to support@k-invent.com .

 

I the undersigned hereby declare the following purchase order to be null and void: 

Product type: 

PO date:

PO number:

Delivery date:

Reason (optional):

 

Customer name:

 

Customer address:

 

…………………………………………………………………………………………………………..

……………………………………………………………………………………………………………

……………………………………………………………………………………………………………

……………………………………………………………………………………………………………

 

Signature: