Légal

Conditions of sale

The present website www.kayfiaudio.com (hereinafter referred to as the "Site") is edited by MMK KAYFI, a simplified joint stock company with a share capital of 10 000 Euros, whose head office is located at 81 Ancienne Route Nationale 7, 69570 Dardilly, registered in the Lyon Trade and Companies Register under number 919 004 382 and represented by Aaron ILLOUZ, CEO.

Préamble

The present General Terms and Conditions of Sale (hereinafter referred to as "GTCS"), apply without restrictions or reservations to all online sales and services provided by MMK KAYFI (hereinafter referred to as the « Seller ») and any individual purchasing for their personal needs (hereinafter referred to as the "Customer(s)") whose purpose are the Seller's products (hereinafter referred to as the "Product(s)").

MMK KAYFI reserves the right to modify its GTCS at any time and without prior notice, it being specified that the GTCS applicable to the Customer will be those in force on the day of the order.

Any order implies the full and complete acceptance by the Customer of the present GTCS, which prevail over all other terms and conditions or documents of any nature.

The Customer acknowledges having been previously informed of the present GTCS as well as of all the information referred to in Article L. 221-5 of the French Consumer Code in a legible and comprehensible manner.

Article 1 : Products

1.1 The Products governed by the present GTCS are those which are displayed on the Site and which are indicated as sold and shipped by the Seller.

1.2 The Products sold are new and comply with the legislation in force and the standards applicable in France.

1.3 The Products are on sale on the Site within the limits of available stocks. If one or more Product(s) ordered are not available, the Seller undertakes to inform the Customer as soon as possible, and to reimburse the price of the Product, as well as any delivery costs, if all the Products ordered are unavailable. The refund will be made no later than within thirty (30) days from the date on which the Customer was informed, if the execution of the order proves to be definitively impossible within this period.

1.4 The essential characteristics of the Products are described and presented with the greatest possible accuracy. Nevertheless, the Seller cannot be held responsible for any errors or omissions in this presentation. The photographs of the Products are not contractual.

Article 2 : Price

2.1 The prices of the Products are indicated in Euros and inclusive of all taxes.

2.2 They take into account any discounts that may be granted under the conditions specified on the Site.

2.3 The Seller reserves the right to modify the prices at any time, it being specified that the applicable prices are those in force at the date of the order. Nevertheless, in the event of a pricing error (price that is patently derisory compared to the real value of the Product), the order may be cancelled by the Seller, after having informed the Customer and offered them the possibility to pay the real price, it being agreed that this measure remains exceptional.

2.4 The prices of the Products are exclusive of delivery costs (postage, packaging and preparation of the package according to the amounts in force). The amount of delivery costs will be specified before the validation of the order.

2.5 Should one or more taxes or contributions, in particular environmental, be created or modified, upwards or downwards, this change could be reflected in the selling price of the Products present on the Site and on the various sales supports.

Article 3 : Order - Products available on the Site

3.1 Once the basket has been validated, the Customer chooses the delivery address and the delivery method, as well as the payment method.

3.2 Any order implies acceptance of the prices and description of the Products available for sale, of the present GTCS and of the payment terms.

3.3 The order will be considered final :

after the Seller has sent the Customer an e-mail confirming the order, together with the terms and conditions of withdrawal, and
after the Seller has received the full price or of the first payment installment in the case of payment in several installments.

3.4 The Seller reserves the right to refuse an order for any legitimate reason, in particular in the event the order does not comply with the GTCS, or due to serious and concurring evidence leading to a suspicion of fraud on the Customer's order.

3.5 The terms and conditions of withdrawal are accessible to the Customer at any time on the Site.

3.6 In accordance with Decree No. 2014-928 of August 19, 2014 relating to waste electrical and electronic equipment and used electrical and electronic equipment, the Customer is entitled to choose to take back used electrical and electronic equipment whithout any charge within the limit of the quantity and type of equipment purchased. Accordingly, the Customer must indicate, prior to the validation of its order, its wish to take back the equipment. Failure to do so shall entitle the Seller to refuse to take back the Product. The so-called "1 for 1" return concerns a taken back Product at the delivery point with the same functionality as the one delivered. The Customer is informed that the returned Product must not constitute a danger to the safety and health of the staff in charge of the return, due to any contamination or improper handling.

Article 4 : Payment terms

4.1 The total amount of the order is payable in full and in one single payment or several installments if the option is chosen by the Customer at the time of placing the order on the Site by secure payment by credit card. The payment will be considered as complete only after the effective collection of all the sums due. The solution of payment in several installments proposed by the Seller is the following payment system: Alma or PayPal. As such, any complaint or request may be submitted to the support address of the solution in question.

4.2 At no time could the paid sums be considered as deposits or down payments.

4.3 An invoice will be issued and sent to the Customer upon receipt of the order and confirmation of payment.

4.4 In the event that for any reason whatsoever, whether due to opposition, refusal or other reasons, the transmission of the money flow due by the Customer proves impossible, the order shall be cancelled and the sale automatically resolved, without the Customer being able to hold this against the Seller.

Article 5 : Delivery terms

5.1 The Seller may offer the Customer, at the time of placing the order, different delivery methods, depending in particular on the size of the package and the Customer's delivery address.

5.2 Delivery costs, expressed in Euros and inclusive of all taxes, shall be borne by the Customer depending on the delivery method chosen.

5.3 The Products are shipped in metropolitan France and abroad. Except in special cases or when one or more Products are unavailable, the Products ordered are delivered all at the same time. Deliveries can be made by an independent carrier. The delivery rates are specified at the time of the order.

5.4 Delivery times: The Seller undertakes to make its best efforts to ensure that the Products ordered are delivered within the delays indicated when the order is placed, depending on the supply and shipping possibilities and in the sequence of orders received. However, except in a case of force majeure or the conduct of the Customer, in the event of late delivery, the Customer may, under the conditions provided for in the French Consumer Code, suspend its obligation to pay, or terminate the sale if, after having given formal notice to the Seller to perform within a reasonable additional period, by registered mail with acknowledgement of receipt, the latter has not performed within time. The total amount paid by the Customer will then be returned to them within a maximum period of fourteen (14) days from the cancellation of the order.

5.5 Delivery terms: The Customer or any person acting on its behalf and for its account, undertakes to be present at the date and place agreed for the delivery of the Products.

5.5.1 In the event of an impossibility of delivery due to an incorrect or incomplete address, the Customer shall solely bear the entire consequences so that the Seller may invoice the administrative and transport costs associated with the return and/or reshipment of the order.

5.5.2 In the event of the Customer's absence at the time of the delivery, the Seller reserves the right to charge the Customer for the cost of the next delivery. Any absence during this second delivery may result in the obligation for the Customer to pick up their good(s) at the warehouse indicated by the carrier within a reasonable time.

5.5.3 In the event of a specific request by the Customer concerning packaging and shipping conditions for the Products, duly approved in writing by the Seller, the related costs shall be subject to specific additional invoicing, based on an estimate previously accepted in writing by the Customer.

5.6. Defect or missing upon the delivery: Delivery is deemed to be completed upon receipt of the Products ordered by the Customer. The quantity and description of the Products delivered are those mentioned on the order confirmation received by the Customer. Upon delivery, the Customer, or any person acting on its behalf and for its account, is required to check the condition and conformity of the Products delivered. The Customer shall inform the Seller as soon as possible of the existence of any defects at the time of receipt of the good(s). The refusal of the good(s), without precise reserves on the delivery ticket, is considered as a cancellation of the sale.

Article 6 : Transfer of title/Transfer of risk

The transfer of title of the Products to the Customer will only take place once the price has been fully paid by the Customer, independently of the delivery date of the Products.

The transfer of risk (notably, but not limited to, loss and deterioration of the Products) occurs as soon as the Customer or a third party designated by him has taken physical possession of the Products.

Article 7 : Withdrawal

7.1 In accordance with articles L.221-18 and following of the French Consumer Code, the Customer may withdraw from the contract without giving any reason within fourteen (14) days. This period expires fourteen (14) days after the day on which the Customer or a third party designated by the Customer, other than the carrier, takes physical possession of the Products.

The cost of returning the Products shall be borne by the Customer. When, due to its nature, the Product cannot be returned normally by « la poste » (French postal service), the applicable costs given as an indicator are as follows :

Weight return price with return label :

0 -10 kg: 20,85€.
11 - 15 Kg : 26,40€ (€)
16 - 30 Kg: 32,70€.

Flat rate tariffs for items/packages over 30kg: depending on weight and volume between 45 and 120 €.

In the case of an order for several Products delivered separately, the period expires fourteen (14) days after taking possession of the last Product.

7.2 The right of withdrawal can be exercised online, using the withdrawal form available in Appendix 1 hereof. In this case, an acknowledgment of receipt on a sustainable medium will be immediately communicated to the Customer. Any other method of declaring withdrawal is accepted. It must be free of any ambiguity and express the will to withdraw.

7.3 Returned Products must be suitable for sale and must therefore be returned in complete, unused and unaltered condition as well as in their original packaging. The Customer may be held liable in the event of depreciation of the Products resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Products.

7.4 The Customer must return the Products no later than fourteen (14) days following the date of communication of their withdrawal to the following address : 301 Rue Denis Papin, 38090 Villefontaine.

7.5 The Seller will refund all payments received from the Customer, including delivery costs (with the exception of additional costs resulting from the Customer’s choice of a delivery method other than the less expensive standard delivery method offered by the Seller) within fourteen (14) days from receipt of the Products or receipt of proof of shipment provided by the Customer, whichever comes first. The refund will be made via the same payment method used for the returned order and will not incur any costs for the Customer.

Article 8 : Guarantees

8.1 All Products for sale on the Site benefit from the legal guarantee of conformity (articles L.217-1 and following of the French Consumer Code) and the legal guarantee against hidden defects (articles 1641 and following of the French Civil Code), allowing the Customer to return the defective or non-compliant Products delivered.

8.2 The Seller shall be liable for defects in conformity existing at the time of delivery of the good(s) to the Customer, and which appear within a period of two (2) years from the delivery. When the Customer acts on the basis of the legal guarantee of conformity, the Customer :

Benefit from the legal period of guarantee;
May choose between repair or replacement of the good(s), subject to the cost conditions provided for in article L. 217-9 of the French Consumer Code;
Is exempted from proving the existence of the lack of conformity of the good(s) during the twenty-four months (24) following the delivery of the good(s).

The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.

8.4 When the Customer acts on the basis of the legal guarantee against hidden defects, the Customer :

Has a period of two (2) years from the discovery of the defect to act;
May choose between the resolution of the sale or a reduction of the sale price, in accordance with article 1644 of the French Civil Code.

8.5 Defects resulting from improper use, negligence or lack of maintenance by the Customer, maintenance contrary to the use and advice specified by the Seller and/or the instructions accompanying the Product, as well as any damage resulting from normal wear and tear of the good(s) or a case of force majeure (water damage, fire, improper handling, incorrect assembly, modification of the Product, any attempt to remedy the situation, without this list being exhaustive) are excluded from the guarantee.

The guarantee does not apply either in case of degradation or accident resulting from shock, fall, or in case of transformation of the Product

Article 9 : Liability

The Seller shall not be held liable if the failure to fulfill its obligations is due either to the unpredictable and unsurmountable conduct of a third party to the contract or to a case of force majeure as defined by French case law. Likewise, the Seller cannot be held liable for any difficulties or damage arising from the use of the Interne, in particular a service breakdown, an external intrusion or the presence of computer viruses.

Article 10 : Proof and archiving

10.1 Any contract concluded with the Customer corresponding to an order of an amount higher than 120 euros inclusive of all taxes shall be archived by the Seller for a period of ten (10) years in accordance with article L.213-1 of the French Consumer Code.

10.2 The Seller agrees to archive this information in order to monitor transactions and to produce a copy of the contract at the Customer's request.

Article 11 : Intellectual property

The trademark « KAYFI » is registered with the National Institute of Intellectual Property (French intellectual property register). Any element relating to the trademark present on the Seller's Products is protected by the trademark rights held by the company MMK KAYFI. Their disclosure shall in no way be interpreted as granting a license or a right to use any of the said protected trademarks and distinctive elements. Any total or partial reproduction is strictly forbidden and is liable to constitute an infringement of our intellectual property rights, involving the responsibility of its author.

Article 12 : Personal data

12.1 The Seller undertakes to protect the confidentiality of the information provided. The information and data collected by the Seller, responsible for processing, are necessary for the follow-up and execution of the Customer's order. In this context, data may be transmitted to the carriers appointed by the Seller.

12.2 In accordance with the provisions in force, the Customer has the right to access, rectify, erase and object to the use of their personal data. They can also define guidelines concerning the conservation, erasure and communication of such data after their death.

12.3. The Customer may exercise their right by sending an e-mail or regular postal mail to the following addresses : contact@kayfiaudio.com or to the postal address of the Seller, specifying in the subject line "Personal rights" and attaching a copy of a proof of identity. The Customer may also, if necessary, lodge a complaint with the French Commission Nationale de l'Informatique et des Libertés (CNIL).

12.4 The Seller informs the Customer of their right to register on the list of opposition to telephone canvassing in accordance with article L.223-2 of the French Consumer Code.

Article 13 : Nullity and tolerances

13.1 The nullity, lapse, lack of binding force or unenforceability of any of the stipulations of the present GTCS shall not lead to the nullity, lapse, lack of binding force or unenforceability of the other stipulations, which shall retain all their effects.

13.2 If a condition of sale were to be deemed invalid, it shall be considered to be governed by the practices in force in the sector of distance selling sector where the head office of MMK KAYFI is established, which is in France.

13.3 A tolerance relating to the application of any clause of these GTCS can never, whatever its duration or frequency, be considered as a waiver to demand compliance with them.

Article 14 : Mediation

In accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, the Seller adheres to the mediation center SAS CNPM - Mediation – Consumption, whose coordinates are as follows : 27 Avenue de la Liberation, 42200 Saint Chamond - https://www.cnpm-mediation-consommation.eu/

After prior written request by the Customer to the Seller, the mediator's service may be contacted for any consumer dispute for which no settlement has been reached.

Article 15 : Applicable law and competent jurisdiction

15.1 By express agreement between the parties, the presente GTCS and the purchase and sale transactions arising from them are governed by French law.

15.2 In the event of a dispute concerning the validity, interpretation, performance or non-performance of the present GTCS, the Seller and the Customer agree to make their best efforts to resolve it amicably. Any dispute that could not be resolved amicably between the Seller and the Customer shall be submitted to the competent courts under the conditions of common law.

appendix 1 : withdrawal notice

To the attention of MMK KAYFI whose registered office is located at 81 Ancienne Route Nationale 7, 69570 Dardilly.

I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the following good(s) (*)/services (*):

Ordered on (*)/received on (*) :

Name of consumer(s) :

Address of consumer(s) :

Signature of consumer(s) (only if notifying this notice on paper):

Date:

(*) Cross out what is relevant

appendix 2 : legal provisions concerning the guarantee of conformity and the guarantee of hidden defects

The consumer has two years from the delivery of the goods to obtain the enforcement of the legal guarantee of conformity if a lack of conformity occurs. During this period, the consumer is only required to establish the existence of the lack of conformity, but not when it occured.

If the sales contract provides for a digital content/service to be supplied continuously for a period of more than two years, the legal warranty is applicable to this digital content/service throughout the entire period of provision. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content/service, but not when it occured.

The legal guarantee of conformity requires the professional, if applicable, to provide all necessary updates to maintain the conformity of the product.

The legal guarantee of conformity gives the consumer the right to have the good repaired or replaced within thirty days following its request, without any cost or major inconvenience to them.

If the product is repaired under the legal guarantee of conformity, the consumer benefit from a six-month extension of the initial guarantee.

If the consumer asks for the product to be repaired, but the seller requires it to be replaced, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the product.

The consumer may obtain a reduction of the price by retaining the product or may terminate the contract by obtaining a complete refund in exchange for the product restitution, if:

1° The seller refuses to repair or replace the product;

2° The repair or replacement of the product takes place after a period of thirty days;

3° The repair or replacement of the good causes a major inconvenience for the consumer, particularly when the consumer definitively bears the cost of taking back or removing the non-conforming product, or if he bears the cost of the installation of the repaired or replaced product;

4° The non-conformity of the product persists despite the seller's unsuccessful attempt to bring it into conformity.

The consumer is entitled to obtain a reduction of the product’s price or termination of the contract if the lack of conformity is so significant that it justifies an immediate reduction of the price or termination of the contract. The consumer is then not required to request prior repair or replacement of the product.

The consumer is not entitled to cancel the sale if the lack of conformity is not significant.

Any period during which the products are immobilized in order to be repaired or replaced suspends the guarantee that was still running until the delivery of the repaired product.

The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the French Consumer Code.

A seller who deliberately interferes with the application of the legal guarantee of conformity is liable to a civil fine up to 300,000 euros, which may be increased to 10% of the average annual turnover (article L. 241-5 of the Consumer Code).

The consumer also benefits from the legal guarantee of hidden defects as provided for in Articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the product is kept or to a full refund if the product is returned.