Centre Holistique et Thérapeutique
ARTICLE 1 - Scope
These General Conditions of Sale apply, without restriction or reservation to all sales concluded by korzeham.fr to consumers and professional and / or non-professional buyers ("The Customers or the Customer"), wishing to acquire the products offered for sale by the Seller (“The Products”) on the korzeham.fr website. They specify in particular the conditions of order, payment, delivery and management of any returns of Products ordered by Customers.
The main characteristics of the Products, and in particular the specifications, illustrations and indications of the dimensions or capacity of the Products, are presented on the korzeham.fr website.
The Customer is required to read it before placing any order.
The choice and purchase of a Product is the sole responsibility of the Customer.
The photographs and graphics presented on the korzeham.fr website are not all contractual and cannot engage the responsibility of the Seller.
The Customer is required to refer to the description of each Product in order to know its properties and essential features.
Product offers are understood within the limits of available stocks, as specified when placing the order.
The Seller's contact details are as follows: 4 Rue Pierre Brossolette, 13220 Chateauneuf-les-Martigues-Martigues
These General Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
These General Conditions of Sale are accessible at any time on the korzeham.fr website and will prevail, where applicable, over any other version or any other contradictory document.
The Customer declares to have read these General Conditions of Sale and to have accepted them by checking the box provided for this purpose before implementing the online ordering procedure as well as the general conditions of use of the korzeham.fr website.
These General Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is the one in force on the website on the date the order is placed. Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
In accordance with the Data Protection Act of January 6, 1978, the Customer has, at any time, a right of access, rectification, and opposition to all of his personal data by writing, by mail and by justifying his identity, to:
RenaîSens SASU, 4 Rue Pierre Brossolette, 13220 Châteauneuf-les-Martigues
The validation of the order by the Customer constitutes acceptance without restriction or reservation of these General Conditions of Sale.
The Customer acknowledges having the capacity required to contract and acquire the Products offered on the korzeham.fr website.
The Products presented on the korzeham.fr website are offered for sale for the following territories: France, Belgium, Luxembourg, United Kingdom, Italy, Portugal, Austria, Germany, Netherlands, Spain.
In the event of an order to another country, the Customer is the importer of the Product (s) concerned.
Customs duties or other local taxes or import duties or state taxes may be payable. They will be the responsibility and are the sole responsibility of the Customer.
The modifications of these General Conditions of Sale are opposable to the users of the Korzeham.fr website from the moment they are put online and cannot apply to transactions concluded previously.
ARTICLE 2 - Orders
It is up to the Customer to select the Products he wishes to order on the Korzeham.fr website, according to the following methods:
Add the item to your basket, enter your details and proceed to payment
The contractual information is presented in French and is the subject of a confirmation at the latest at the time of the validation of the order by the Customer.
Product offers are valid as long as they are visible on the site, within the limits of available stocks.
The sale will only be considered final after sending the Customer confirmation of the acceptance of the order by the Seller, by email, and after receipt by the latter of the full price.
For orders placed exclusively on the internet, the registration of an order on the Service Provider's site is carried out when the Customer accepts these General Terms and Conditions of Sale by checking the box provided for this purpose and confirms his order.
The Customer has the possibility to check the details of his order, its total price and to correct any errors before confirming his acceptance (article 1127-2 of the Civil Code). This validation implies acceptance of all of these General Conditions of Sale and constitutes proof of the contract of sale.
It is therefore the Customer's responsibility to verify the accuracy of the order and to immediately report any errors.
Any order placed on the korzeham.fr website constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The Customer will be able to follow the progress of his order on the website korzeham.fr
The Seller is intended to sell the Products on the korzeham.fr website to professionals, only on Korzeham brand products (registered trademark).
The Seller reserves the right to refuse orders for the same Product in large quantities if the quantity in stock does not allow it or if the company is not previously registered with the seller.
In the event of cancellation of the order by the Customer, and after acceptance by the Seller, until the day before the shipment of the Products ordered. For any reason whatsoever, apart from the exercise of the right of withdrawal or force majeure, a sum corresponding to 100% of the total amount of the purchase will be acquired by the Seller and invoiced to the Customer, as damages, in compensation for the damage thus suffered.
ARTICLE 3 - Prices
The Products are supplied at the current prices appearing on the website korzeham.fr, when the order is registered by the Seller. The prices are expressed in Euros, and inclusive of tax.
The prices take into account any reductions that would be granted by the Seller on the website korzeham.fr
These prices are firm and not revisable during their period of validity, as indicated on the website korzeham.fr, the Seller reserving the right, outside this period of validity, to modify the prices at any time. They do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on the website korzeham.fr and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
Any specific orders from the Customer may be considered. If necessary, they will be the subject of an estimate previously accepted by the latter. The quotes established by the Seller are valid for a period of 1 month, from their date of establishment.
An invoice is established by the Seller and given to the Customer upon receipt of payment.
ARTICLE 4 - Payment terms
The price is payable in cash, in full on the day the order is placed by the Customer, by secure payment, according to the following terms:
by credit card: Visa, MasterCard, American Express, other credit cards
Payment data is exchanged in encrypted mode using SSL protocol
ARTICLE 5 - Deliveries
The Products ordered by the Customer will be delivered in all the countries mentioned on the order finalization page within a shipping time indicated during the validation of the basket to which is added the processing time of the order by the seller on the site. Internet korzeham.fr.
Delivery consists of the transfer to the Customer of physical possession or control of the Product.
Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the deadlines specified above.
However, these deadlines are provided for information only.
If the Products ordered have not been delivered within 30 days after the indicative delivery date, for any reason other than force majeure or the fact of the Customer, the sale may be canceled at the written request of the Customer within conditions provided for in Articles L 216-2 L 216-3 L241-4 of the Consumer Code.
The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of termination of the contract, to the exclusion of any compensation or withholding.
ARTICLE 6 - Transfer of ownership - Transfer of risks
The transfer of ownership of the Seller's Products, to the benefit of the Customer, will only be carried out after full payment of the price by the latter, regardless of the date of delivery of said Products.
Whatever the date of the transfer of ownership of the Products, the transfer of the risks of loss and damage relating thereto will only be carried out when the Customer takes physical possession of the Products. The Products therefore travel at the risk and peril of the Seller.
ARTICLE 7 - Right of withdrawal
However, otherwise stated on the Korzeham.fr site, in accordance with the legal provisions in force, the Customer has a period of fourteen days from receipt of the Product to exercise his right of withdrawal from the Seller, without having to justify reasons. nor to pay a penalty, at the end of an exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within 30 days of notification to the Seller of the Customer's decision to withdraw.
Returns are to be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be returned to the market in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products are not taken back. The right of withdrawal can be exercised online, using the contact form available on the korzeham.fr website, in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the Customer by the Seller, or any other declaration, unambiguous, expressing the will to retract.
In the event of exercise of the right of withdrawal within the aforementioned period, only the price of the Product (s) purchased and the delivery costs are reimbursed; the return costs remaining the responsibility of the Customer.
The exchange (subject to availability) or reimbursement will be made within 10 days of receipt by the Seller of the Products returned by the Customer under the conditions provided for in this article.
ARTICLE 8 - Responsibility of the Seller - Guarantee
The Products sold on the Korzeham.fr website comply with the regulations in force in France.
The Products supplied by the Seller benefit automatically and without additional payment, regardless of the right of withdrawal, in accordance with the legal provisions: from the legal guarantee of conformity, for Products apparently defective, damaged or damaged or not corresponding to the order, the legal guarantee against latent defects resulting from a material, design or manufacturing defect affecting the delivered products and rendering them unfit for use, under the conditions and according to the methods referred to in the box below and defined in the appendix to these General Conditions of Sale (Guarantee of Conformity / Guarantee of Hidden Defects).
It is recalled that within the framework of the legal guarantee of conformity, the Customer: has a period of two years from the delivery of the goods to act against the Seller; - may choose between repairing or replacing the Product ordered, subject to the cost conditions provided for in Article L 217-9 of the Consumer Code; - is exempt from providing proof of the existence of the lack of conformity of the Product during the six months following delivery of the Product. This period is extended to 24 months from March 18, 2016, except for second-hand goods.
The legal guarantee of conformity applies independently of the commercial guarantee that may possibly cover the Product. The Customer may decide to implement the guarantee against hidden defects of the Product in accordance with article 1641 of the Civil Code; in this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with 1644 of the Civil Code.
In order to assert his rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within a maximum period of 30 days from the delivery of the Products or the existence of latent defects within the deadlines mentioned above. above and return or bring back to the store the defective Products in the condition in which they were received with all the elements (accessories, packaging, instructions, etc.).
The Seller will reimburse, replace or have repaired the Products or parts under warranty deemed non-compliant or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate. the return costs remain the responsibility of the buyer.
Refunds for Products deemed non-compliant or defective will be made as soon as possible and at the latest within 10 days of the Seller's finding of the lack of conformity or the hidden defect.
Reimbursement will be made by credit to the Customer's bank account or by check sent to the Customer.
The Seller cannot be held liable in the following cases: non-compliance with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to check, in the event of misuse, of use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the case of normal wear and tear of the Product, accident or force majeure.
The Seller's guarantee is, in any event, limited to the replacement or reimbursement of non-conforming Products or those affected by a defect.
ARTICLE 9 - Personal Data
Any processing of personal data within the framework of these presents is subject to the provisions of the privacy policy , which is an integral part of these T & Cs.
In accordance with law nº 78-17 of January 6, 1978 amended in 2004 (known as the "Data Protection Act") and the applicable regulations, Customers are informed that personal data concerning them is subject to automated processing for the purposes of commercial prospecting and management of the Service and customer relations. Customers are informed that this data may be the subject of statistical analysis by the Company and may be transferred to third parties and partners if the Customer has expressly consented thereto.
The information requested in the form available on the Site marked with an asterisk is mandatory and necessary for the management of Customer requests. Failure to respond in a mandatory field will make it impossible for the Company to process Customer requests.
The relative personal data will not be kept beyond the period strictly necessary for the pursuit of the purposes indicated.
Certain data making it possible to establish proof of a right or a contract may be the subject of an intermediate archiving policy for a period not exceeding the period necessary for the purposes for which they are kept, in accordance with to the provisions in force.
In accordance with the Data Protection Act and the GDPR, the Customer or any person concerned by the processing has, according to the conditions of applicable law, a right of access, rectification, limitation of processing, opposition to processing, portability, erasure as well as a right not to be the subject of an automated decision including profiling. The data subject also has the right to withdraw their consent at any time.
To exercise these rights, you should send an email to the following address: korzeham13@gmail.com. Any person concerned by processing has the right to complain to the Commission Nationale Informatique et Libertés.
ARTICLE 10 - Intellectual property
The content of the korzeham.fr website is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and is liable to constitute an offense of counterfeiting.
In addition, the Seller remains the owner of all intellectual property rights in the photographs, presentations, studies, drawings, models, prototypes, etc., produced (even at the request of the Customer) with a view to providing the Services to the Customer.
The Customer therefore refrains from any reproduction or use of said studies, drawings, models and prototypes, etc., without the express, prior written authorization of the Seller who may make it conditional on financial compensation.
ARTICLE 11 - Unpredictability
The Parties have agreed, within the framework of the provisions of article 1195 of the Civil Code, that a change in economic, material and financial circumstances surrounding the conclusion of a transaction for the sale of the Seller's products subject to these General Terms and Conditions of Sale and resulting in an increase in the price will be fully assumed by the Customer even if these risks would make the performance of its obligations excessively onerous for the Customer, all other risks being assumed by the other Party.
However, if the change in unforeseeable circumstances during the conclusion of the contract were final or lasted beyond 1 month, these would be purely and simply resolved in accordance with the terms defined in the article "Resolution for Unforeseen".
ARTICLE 12 - Forced execution in kind
In the event of failure by either Party to fulfill its obligations, the Party that is the victim of the default has the right to request the forced execution in kind of the obligations arising from this Agreement. By way of derogation from the provisions of article 1221 of the Civil Code, the obligee of the obligation may continue this forced execution after a simple formal notice, addressed to the obligor of the obligation by registered letter with acknowledgment of receipt which has remained unsuccessful, whatever 'be the circumstances and even if there would be a manifest disproportion between its cost for the debtor and its interest for the creditor.
It is recalled that in the event of failure by either Party to fulfill its obligations, the Party victim of the default may, in accordance with the provisions of article 1222 of the Civil Code, 10 days after sending the '' a formal notice to perform that has remained unsuccessful, have the obligation performed itself by a third party, at the expense of the defaulting Party, provided that the cost is reasonable and in accordance with market practices, without an authorization judicial process is necessary for this purpose, being that the Party victim of the default may also, at its option, request in court that the defaulting Party advance the sums necessary for this execution.
ARTICLE 13 - Exception of non-performance
It is recalled that in application of article 1219 of the Civil Code, each Party may refuse to perform its obligation, even though it is due, if the other Party does not perform its own and if this non-performance is serious enough, that is to say, likely to call into question the continuation of the contract or fundamentally upset its economic balance. The suspension of performance will take effect immediately, upon receipt by the defaulting Party of the notification of breach sent to it for this purpose by the Party victim of the default indicating the intention to apply the exception of non-performance as long as that the defaulting Party will not have remedied the observed failure, served by registered letter with acknowledgment of receipt or on any other durable written medium allowing proof of shipment to be provided.
This exception of non-performance may also be used as a preventive measure, in accordance with the provisions of article 1220 of the Civil Code, if it is clear that one of the Parties will not perform the obligations incumbent upon it by the due date and that the consequences of this non-performance are sufficiently serious for the Party that is the victim of the default.
This option is used at the risk and peril of the Party which takes the initiative.
The suspension of execution will take effect immediately, upon receipt by the presumed defaulting Party of the notification of the intention to apply the exception of preventive non-performance until the presumed defaulting Party performs the obligation for which a failure to come is manifest, served by registered letter with acknowledgment of receipt or on any other durable written medium allowing proof of sending.
If the impediment was final or continued beyond 30 days, these would be purely and simply resolved in accordance with the terms defined in the Resolution article for breach by a party of its obligations.
ARTICLE 14 - Force majeure
The Parties cannot be held responsible if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of article 1218 of the Civil Code.
The party noting the event must immediately inform the other party of its impossibility to perform its service and justify it to the latter. The suspension of obligations may in no case be a cause of liability for non-performance of the obligation in question, nor induce the payment of damages or penalties for delay.
The performance of the obligation is suspended for the duration of the force majeure if it is temporary and does not exceed a period of 30 days.
Consequently, as soon as the cause for the suspension of their reciprocal obligations has disappeared, the parties will make every effort to resume the normal performance of their contractual obligations as quickly as possible. To this end, the prevented party will notify the other of the resumption of its obligation by registered letter with request for acknowledgment of receipt or any extrajudicial act. If the impediment is final or exceeds a period of 30 days, these will be purely and simply resolved in accordance with the terms defined in the article "Resolution for force majeure".
During this suspension, the parties agree that the costs generated by the situation will be borne by the party prevented.
ARTICLE 15 - Termination of the contract
15-1- Resolution for unforeseen events
The resolution for the impossibility of the performance of an obligation which has become excessively onerous may not, notwithstanding the clause Resolution for breach of a party to its obligations appearing below, take place only 10 days after the sending of a wager. formal notice declaring the intention to apply this clause notified by registered letter with acknowledgment of receipt or any extrajudicial act.
15-2 - Resolution for breach of a sufficiently serious obligation
The Party victim of the default may, notwithstanding the Termination clause for breach by a party of its obligations set out below, in the event of sufficiently serious breach of any of the obligations incumbent on the other Party, notify by letter recommended with acknowledgment of receipt to the Defaulting Party, the faulty resolution hereof, 10 days after the sending of a formal notice to perform has remained unsuccessful, and this in application of the provisions of article 1224 of the Civil Code.
15-3 - Resolution for force majeure
It is expressly agreed that the parties may automatically terminate this contract, without notice or formality.
15-4 - Provisions common to termination cases
It is expressly agreed between the Parties that the debtor of an obligation to pay under the terms of this agreement, will be validly put in default by the sole exigibility of the obligation, in accordance with the provisions of article 1344 of the Civil Code.
The services exchanged between the Parties since the conclusion of the contract and until its termination can only find their usefulness by the complete execution of this one, they will give place to full restitution.
ARTICLE 16 - Applicable law - Language
These General Conditions of Sale and the operations resulting from them are governed and subject to French law.
These General Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.
ARTICLE 17 - Disputes
All disputes to which the purchase and sale transactions concluded in application of these general conditions of sale could give rise, concerning their validity, interpretation, execution, termination, consequences and consequences and which could not have been be resolved between the seller and the customer will be submitted to the competent courts under the conditions of common law.
The Customer is informed that he may in any event have recourse to conventional mediation, in particular with the Consumer Mediation Commission (C. consom. Art. L 612-1) or with existing sectoral mediation bodies. , and whose references appear on the korzeham.fr website or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
ARTICLE 18 - Pre-contractual information - Customer acceptance
The fact for a natural (or legal) person to order on the korzeham.fr website implies full and complete acceptance and acceptance of these General Conditions of Sale and obligation to pay for the Products ordered, which is expressly recognized by the Customer, who waives, in particular, to take advantage of any contradictory document, which would be unenforceable against the Seller.