The website of the trademarks KONY and START, site www.konystart.com, is an e-commerce sales site. It offers sports textile articles and textile pharmaceutical protection. The General Terms and Conditions of Sale below are concluded between, on the one hand, "the seller": The company SAS INTERSTISS Registered office: 7 Boulevard des frères Lumière 42360 Panissières - Phone number: 04.74 01 99 80 - Siret number: 41289903100048, And on the other hand, "the customer": Anyone wishing to place an order on the www.konystart.com site.
Article 1: Sales contract
1.1 Object of the sales contract
These General Terms and Conditions of Sale are established to exclusively govern the rights and obligations of the seller www.konystart.com on the one hand and any visitor or potential buyer of the products offered on the e-commerce site, on the other hand.
1.2 Scope of the GTC
Any order for products placed on the www.konystart.com website implies unreserved acceptance of these General Terms and Conditions of Sale, supplemented or modified by our special conditions, which cancel any contrary clauses that may appear in the conditions of purchase, purchase orders or other commercial documents. These General Terms and Conditions of Sale are available at any time on the e-commerce site www.konystart.com. These General Terms and Conditions of Sale govern, without restriction or reservation, all sales concluded via the e-commerce site by SAS INTERSTISS SIRET number 41289903100048 to non-professional buyers, wishing to acquire the products offered for sale on the e-commerce site. The customer acknowledges having read, read and accepted the General Terms and Conditions of Sale on the site when ordering (and ticked the box "I have read and accept the General Terms and Conditions of Sale"). Any order validation proves acceptance of the General Terms and Conditions of Sale. These General Terms and Conditions of Sale may be modified at any time by the seller and are applicable to all orders placed from the date of rectification. They cannot be applied to previous orders.
Article 2: Price
All offers offered on the site are limited to the countries offered at the time of delivery. Offers are only valid when they appear on the site and when stocks are available. Offers valid at our point of sale are not valid on the site. The prices thus proposed in our offers are displayed TTC. Delivery costs may not be included and may be subject to Article 6.3. Additional costs may be added at the customer's expense and will be indicated before the validation of the order. The prices of online products may be modified at any time by the seller and its changes will not affect orders already validated. For all orders to the DOM-TOM, the price excluding VAT will be displayed on the customer's invoice. Customs fees or other import costs are the responsibility of the customer. We therefore advise you to inquire with the competent authorities for tariffs.
Article 3: Responsibilities
According to Article L.221-15 of the Consumer Code, the professional is automatically liable, vis-à-vis the consumer, for the proper performance of the obligations, resulting from the distance contract, whether these obligations are performed by the professional who concluded this contract or by other service providers, without prejudice to his right of recourse against them. However, he may be exempted from all or part of his liability by providing proof that the non-performance or improper performance of the contract is attributable either to the consumer, or to the unforeseeable and insurmountable fact of a third party to the contract, or to a case of force majeure.
Article 4: Order
4.1 Order process
All konystart.com orders must be placed online. No order can be accepted by phone, fax or email. When validating the order, the customer therefore accepts the prices, the General Conditions of Sale, the shipping costs and acknowledges having read the advice for use and the composition of each of the products added to his basket. This action therefore formalizes the contract between the customer and the seller. If it turns out that a product becomes temporarily unavailable after placing the customer's order, the seller will inform him by email as soon as possible and will propose the various solutions mentioned in Article 4.3
4.2 Choice of products: compliance and complaints
The customer undertakes to check the status of his order (quantity and condition of the goods received) within 48 hours of receipt. If the customer then notices a compliance problem, he can send an email via our customer service contact web form with all the supporting documents necessary to identify the problem (photo of the products, identification of missing products, photo of the damaged package with visible label, batch number, ...). After this period the seller will not accept any claim. Any damaged package accepted as is by the customer and not reported to the delivery person or the relay point can not be the subject of a complaint.
In the event of a claim for damage, the customer must provide:
- A double-sided ID
- A certificate on honour, handwritten and signed
- Photos of the damaged package with visible shipping label
- Photos of damaged products
Without these elements, the dispute cannot be declared and the goods cannot be replaced or refunded.
In case of claim for theft of partial products or theft of packages during delivery, the customer must provide:
- A double-sided ID
- A sworn statement, handwritten and signed, specifying the nature of the products
Without these elements, the dispute cannot be declared and the goods cannot be replaced or refunded.
In case of error on the part of the seller, (quantity, product ...) a prepaid return label will be sent to the customer after verification of said error and finding of the seller (verification of destocking, photos ...). The products initially ordered will then be reshipped.
In case of error on the part of the customer, the latter must then return at his expense all the products declared problematic, in their original packaging and unopened or used and undamaged, with a copy of the purchase invoice. The products will then be replaced or refunded. The exchange will be made according to the stocks available within 7 working days after receipt of the return package by the seller. Forwarding fees may be requested.
The seller reserves the right to refuse any order that has been placed by a minor. Any order may be refused or cancelled by the seller, in case: Some orders may be blocked until the problem is resolved; Non-payment, incorrect address, incomplete customer account. In case of payment problem (non-secure payment) the seller may refuse the order and refund the customer
4.3 Refusal / cancellation of the order by the seller
The seller reserves the right to refuse any order that has been placed by a minor. Any order may be refused or cancelled by the seller, in case: Some orders may be blocked until the problem is resolved; Non-payment, incorrect address, incomplete customer account. In case of payment problem (unsecured payment) the seller may refuse the order and refund the customer.
4.4 Unavailability of products
Article L.216-2, in the event of a breach by the professional of his obligation to deliver the goods or provide the service on the date or expiry of the period provided for in the first paragraph of Article L. 216-1 or, failing that, no later than thirty days after the conclusion of the contract, the consumer may terminate the contract, by registered letter with acknowledgment of receipt or in writing on another durable medium, if, after having enjoined the trader to make the delivery or provide the service within a reasonable additional period of time, the trader has not performed within that period. The contract is considered terminated upon receipt by the trader of the letter or writing informing him of this termination, unless the professional has performed in the meantime. The consumer may immediately terminate the contract when the professional refuses to deliver the goods or provide the service or when he does not perform his obligation to deliver the goods or provide the service on the date or expiry of the period provided for in the first paragraph of Article L. 216-1 and that date or period constitutes for the consumer an essential condition of the contract. This essential condition arises from the circumstances surrounding the conclusion of the contract or from an express request by the consumer before the conclusion of the contract.
Article L.216-3, when the contract is terminated under the conditions provided for in Article L. 216-2, the professional reimburses the consumer for all the sums paid, at the latest within fourteen days of the date on which the contract was terminated.
When the professional has not reimbursed all the sums paid by the consumer under the conditions provided for in Article L. 216-3, this sum is automatically increased by 10% if the refund is made no later than thirty days beyond this term, by 20% up to sixty days and by 50% thereafter.
Article L.212-1, in contracts concluded between professionals and consumers, are unfair terms which have the object or effect of creating, to the detriment of the consumer, a significant imbalance between the rights and obligations of the parties to the contract. Without prejudice to the rules of interpretation laid down in Articles 1188, 1189, 1191 and 1192 of the Civil Code, the unfairness of a term is assessed by referring, at the time of conclusion of the contract, to all the circumstances surrounding its conclusion, as well as to all the other clauses of the contract. It is also assessed in the light of those contained in another contract where the two contracts are legally linked in their conclusion or performance. The assessment of the unfairness of terms within the meaning of the first subparagraph shall not concern the definition of the main subject-matter of the contract or the adequacy of the price or remuneration for the goods sold or the service offered, provided that the terms are drafted in plain intelligible language. A decree in the Conseil d'Etat, taken after the opinion of the commission of unfair terms, determines types of clauses which, having regard to the seriousness of the infringements they bring to the balance of the contract, must be regarded, irrefutably, as unfair within the meaning of the first paragraph. A decree taken under the same conditions, determines a list of allegedly unfair terms; In the event of a dispute concerning a contract containing such a clause, the professional must provide proof of the unfair nature of the disputed clause. These provisions are applicable regardless of the form or medium of the contract. This applies in particular to purchase orders, invoices, guarantee vouchers, delivery notes or notes, tickets or tickets, containing stipulations freely negotiated or not or references to pre-established general conditions.
A business practice is misleading if it is committed in one of the following circumstances:
- 1° When it creates confusion with another good or service, a trademark, a trade name or another distinctive sign of a competitor;
- 2 ° When it is based on false or misleading allegations, indications or presentations and relating to one or more of the following elements:
- a) The existence, availability or nature of the good or service
- (b) The essential characteristics of the good or service, namely: its substantial qualities, composition, accessories, origin, quantity, method and date of manufacture, the conditions of its use and suitability for use, its properties and the expected results of its use, as well as the results and main characteristics of the tests and controls carried out on the good or service
- c) The price or the method of calculating the price, the promotional nature of the price and the conditions of sale, payment and delivery of the good or service
- d) After-sales service, the need for service, spare part, replacement or repair
- e) The scope of the advertiser's commitments, the nature, process or reason for the sale or provision of services
- f) The identity, qualities, skills and rights of the professional
- g) Complaint handling and consumer rights
- (3) Where the person on whose behalf it is implemented is not clearly identifiable.
Article 5: Payment and refund
The order must be paid on the day of validation of the order by credit card online. The site has a security system for all payments, 3D secure or PayPal. This system makes it possible to secure online payments made by credit card. The seller will not be obliged to deliver the goods if payment is refused or cancelled by the customer. Any online payment will be considered final only after receipt of the total amount of the order by the seller.
The refund will be made directly to the customer's bank account used when paying by credit card or PayPal account if this payment method is chosen.
Article 6: Delivery - Withdrawal of products
Delivery only in France: DPD HOME DELIVERY BY APPOINTMENT with prior phone call.
6.2 Delivery time
Before the consumer is bound by a contract for the sale of goods or the provision of services, the trader shall provide the consumer with the following information in a legible and comprehensible manner:
- 1° The essential characteristics of the good or service, taking into account the communication medium used and the good or service concerned
- 2 ° The price of the good or service, pursuant to Articles L. 112-1 to L. 112-4
- 3 ° In the absence of immediate performance of the contract, the date or period within which the professional undertakes to deliver the goods or perform the service
- 4° Information relating to his identity, his postal, telephone and electronic contact details and his activities, insofar as they do not appear from the context
- 5° Where applicable, information relating to legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence of any software installation restrictions, the existence and implementation of guarantees and other contractual conditions
- 6 ° The possibility of recourse to a mediator of consumption under the conditions provided for in Title I of Book VI.
Unless indicated by the customer, all orders will be delivered to the address provided in the customer account when placing the order. Delivery times are indicated to the customer when choosing the carrier:
- 5 working days after receipt of the order in metropolitan France (preparation time included), excluding Covid 19 period during which the deadlines may vary and lengthen.
- In case of incorrect or incomplete address the reshipment of the order will be the responsibility of the customer,
- The seller undertakes to make every effort to meet the delivery times expressed above.
6.3 Delivery costs
Delivery costs are calculated according to the weight of the package.
6.4 Withdrawal period
For any withdrawal, in accordance with Article L.221-18 of the Consumer Code, the consumer has a period of 14 clear days to exercise his right of withdrawal without having to justify reasons or pay penalties, with the exception of return costs. The aforementioned period runs from receipt of the order by the customer. For any withdrawal, the customer must report it to INTERSTISS SAS before any shipment, by completing a form and after having validated with INTERSTISS SAS the terms of return. Items must be returned to the seller in their original packaging and in perfect condition. Broken, damaged, soiled or incomplete products will not be taken back. The customer must attach to his return package the invoice of the order or a copy. COD shipments will not be accepted. The refund will be made in accordance with Article 4.2 and 5.1. 6.4.2 - Ownership of goods The products remain the property of INTERSTISS SAS until full payment of the price of the order.
MODEL WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract.)
For the attention of:
KONY START INTERSTISS
7 Boulevard des Frères Lumière, 42360 Panissières
+(33)4 72 54 02 02
I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*) / for the provision of services (*) below:
- Ordered on (*) / received on (*) : ............
- Name of consumer(s): ............
- Address of consumer(s): ..................
- Signature of consumer(s)
(Only in case of notification of this form on paper): ..................................
(*) Delete as appropriate.
Or download the Pdf version of the withdrawal form
Article 7: Force majeure
In accordance with Article L-221-15 "The professional is automatically liable to the consumer for the proper performance of the obligations resulting from the distance contract, whether these obligations are to be performed by the professional who concluded this contract or by other service providers, without prejudice to his right of recourse against them. However, he may be exempted from all or part of his liability by providing proof that the non-performance or improper performance of the contract is attributable either to the consumer, or to the unforeseeable and insurmountable fact of a third party to the contract, or to a case of force majeure." Are considered as force majeure any facts or circumstances external to the seller as well as to the customer, unforeseeable, inevitable, which can not be prevented by the latter, despite all the efforts made within reason. In other words, the following are considered as cases of force majeure: the blocking of means of transport or transport, earthquakes, fires, storms, floods, lightning, shutdown of telecommunications networks or difficulties specific to external telecommunications networks. In case of force majeure the parties will have to agree on the means to be adopted to best fulfill their contract.
Article 8: Intellectual property
All elements and the underlying development of the site are the property of INTERSTISS SAS. Any total or partial reproduction of these elements is strictly prohibited and may constitute an offense of counterfeiting. Similarly, any hypertext link pointing to the site https://www.konystart.com is required to make a written request to the head office.
Article 9: Data protection
In accordance with the law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms, INTERSTISS SAS undertakes to preserve the confidentiality of the data provided by the customer and to leave each customer the possibility of rectifying or deleting the data concerning them, by contacting the seller by e-mail: email@example.com. The data is kept for 3 years.
In accordance with Articles L.223-2 et seq. of the Consumer Code, if the Customer no longer wishes to be approached by telephone on the number he had communicated to the Seller, he may at any time register this telephone number on the list of opposition to Internet telephone canvassing on the www.bloctel.gouv.fr website or by mail by writing to: Société Opposetel, Service Bloctel, 6 rue Nicolas Siret 10000 Troyes. This registration is free and valid for three years.
Article 10: Disputes and applicable law
Article R. 631-3 of the Consumer Code provides that this consumer may bring an action either before one of the territorially competent courts under the Code of Civil Procedure or the court of the place where he resided at the time of the conclusion of the contract or the occurrence of the harmful event.
Article 11: Legal guarantee of conformity and legal guarantee of hidden defects
The consumer can:
- The consumer has a period of 2 years to act
- May choose between repair or replacement of the good, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code
- Is exempted from providing proof of the existence of the lack of conformity of the good during the 6 months following the delivery of the good. This period is extended to 24 months from 18 March 2016, except for second-hand goods.
The legal guarantee of conformity applies regardless of the commercial may be granted.
The consumer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and that in this case, he can choose between the cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code
Since 1 January 2016, mediation has been mandatory for all. E-merchants must offer a mediation service in their country. In accordance with Articles L.616-1 and R.616-1 of the Consumer Code, our company has set up a consumer mediation system. The selected mediation entity is: SAS CNPM - MEDIATION - CONSUMPTION. In the event of a dispute, the consumer may file his complaint on the site:
Or by post by writing to
CNPM - MEDIATION - CONSUMPTION
27, avenue de la Libération – 42400 SAINT-CHAMOND