These general conditions of sale (hereinafter the "General Conditions") apply to any order placed by a natural person (hereinafter the "CUSTOMER") on the website www.exkyz.fr (hereinafter the “SITE”) with SAS BLue Cactus, registered in the LILLE METROPOLE Trade and Companies Register under number RCS 833 411 606, having its registered office at 885 Domaine de la vigne, 59910 Bondues, France, email: contact@exkyz. fr (hereinafter the "EXKYZ") and get along as of October 12, 2022.

These General Conditions are referenced at the bottom of each page of the site by means of a link and must be consulted before placing the order. The customer is invited to carefully read, download, print the General Conditions and keep a copy.

EXKYZ advises the customer to read the General Conditions for each new order, the latest version of the said Conditions applying to any new product order.

Any access or use of the Site implies compliance with and unreserved acceptance of all the General Conditions. The customer acknowledges having read, understood and accepted the General Conditions without limitation or condition before placing an order. In the event that you do not wish to accept all or part of these, you are asked to renounce all use of this Site. EXKYZ reserves the right to modify the terms, conditions and mentions of these General Conditions. These modifications are deemed to be accepted without reservation as soon as you access the Site, after this posting. You acknowledge that these Terms and Conditions constitute a complete and exclusive agreement between you and EXKYZ with respect to your use of the Site.

The General Conditions apply to all orders placed through the Site, regardless of the clauses that may appear on the customer's documents.

EXKYZ's offers on the Site are intended solely for individuals. EXKYZ reserves the right to refuse the benefit of its offers to any professional reseller and to cancel at any time, from the date of the order and for a period of 12 months following the scheduled date of delivery, any order which would have gone through a professional.

Any product and any sample available on the Site (hereinafter referred to as the “Product(s)”) are intended solely for personal use. You therefore agree not to sell or resell the EXKYZ Products and samples that you purchase or receive.

To be able to order, the customer must be at least 18 years old and have the legal capacity or, if he is a minor, be able to justify the agreement of his legal representatives.

EXKYZ reserves the right to cancel, limit or reduce the quantity of any order which may be made in violation of these General Conditions.

ORDER PROCEDURE

A detailed description of the Products is available when individually viewing each of them on the Site. The system thus put in place assumes an active approach on your part. It complies with the legal requirements for online sales and consumer protection. To order the desired Products, enter the product sheet of the items you wish to buy by clicking on their photo, choose the desired quantity, then click on “Add to basket”. Your choices will automatically be added to your cart. You have the possibility of choosing several Products of the same reference by changing the quantities in the summary of your order. You can also cancel one of the previously selected Products by entering "0" in the quantity column or by clicking on the "-" button next to each Product or by clicking on "delete". Once you have selected all the desired Products, you can go to the “Basket” page. Check that the products and quantities of your basket then click on “Continue”. Then fill out the form with your full details. If you forget, your order will not be valid. Then click on “Continue to shipping”, then “Continue to payment” and then enter your credit card numbers. Finally click on “PAY”.

ORDER ACCEPTANCE

EXKYZ undertakes to accept orders made over the Internet, within the limits of available stocks, under the terms hereof, which you must declare to have read when you validate the order. In accordance with articles L.111-1 and following and L.121-17 of the Consumer Code, you must be able, before the conclusion of the contract, to know the essential characteristics of the Products (nature, quantity, substantial qualities, etc.) , their price, the methods of payment accepted, the deadline and the restrictions of delivery as well as the deadline, the conditions and methods of exercise of the right of withdrawal as well as the cases of exclusions of exercise of this right. Before the conclusion of the sales contract, the "basket" page corresponds to an order form detailing your entire order at the price including all taxes that you can modify or cancel. To allow the validation of this order form, you must firstly acknowledge that placing your order entails the obligation to pay it in full and, secondly, read the General Conditions by completing and ticking the associated boxes and then click on the "Go to payment" button. Checking all the boxes mentioned above is an essential condition for you to validate your order. The fact that you complete the order form on the Site, confirm it by clicking on the "Continue to payment" button and then pay it by entering your credit card information and clicking on the "Pay X euros" button (X corresponding to the total amount of your order), implies full acceptance of these conditions. The latter will be the only ones applicable to the contract thus concluded. For any purchase on our Site, a confirmation e-mail will be sent to you containing the purchase invoice as an attachment, mentioning the number of your order, the details of the Products ordered as well as a link to your online account allowing you to follow the preparation of the Products.

 

RESTRICTIONS

In case of out of stock, EXKYZ undertakes to inform you by email to the email address you have indicated, as soon as possible. EXKYZ will inform you of the lead times necessary to obtain the desired Product or will offer you a replacement Product of equivalent value.

EXKYZ reserves the right to cancel all orders that are non-compliant, suspicious, or placed in bad faith. In addition, we reserve the right to refuse any order from a customer with whom there is any prior or ongoing dispute.

Any order will only be considered after receipt of full payment for the Products.

EXKYZ is not able to manage backorders: if a Product is out of stock without a specific restocking period, EXKYZ will offer you a refund for the Product ordered, via the payment method used when placing your order.

PRICE

The prices displayed are expressed in Euros and are inclusive of all taxes (VAT and all other taxes according to the rates applicable in France and in force at the time of the order). These are net prices which include the price of the Products, the costs handling, packaging and storage. The prices are valid on the date of validation of the order. These can be modified later, without notice. They do not include participation in shipping and delivery costs which may vary depending on the amount, the weight of the order and/or the country of dispatch. Any order delivered outside mainland France may be subject to any local taxes and customs fees at the full expense and expense of the customer.

The price indicated in the order confirmation is the final price expressed including VAT.

Under no circumstances will EXKYZ be required to bear additional costs related to the delivery of the order, excluding transport charges, described and invoiced when placing your order on the Site.

Any customs charges may be requested by the carrier at the time of delivery. These customs duties and these possible taxes related to the delivery of an article are your responsibility and are your responsibility.

PAYMENT TERMS

The customer guarantees to EXKYZ that he has all the authorizations required to use the chosen means of payment.

EXKYZ will take all necessary measures to guarantee the security and confidentiality of the data transmitted online as part of the online payment on the site.

Payment for Products purchased on the Site is made in full when ordering. The Products remain the property of EXKYZ until full payment of the order. Payments are made by credit card (Master Card, Visa, American Express) via the payment provider SHOPIFY PAYMENTS.

It is specified in this respect that all information relating to payment provided on the site is transmitted to the payment provider of the site, the company SHOPIFY.

Your credit card will be debited at the time of validation of your order. To this end, you guarantee that you are the holder of the bank card to be debited and that the name appearing on it is indeed yours.

Information relating to your credit card is not stored on the Site and your payment can only be viewed in encrypted form using the SSL protocol (confirmed by the appearance of "https" in the URL displayed in your browser).

If the debit from the bank card is refused by the payment provider, the customer must contact EXKYZ Customer Service in order to pay for the order by any other valid means of payment.

In the event that, for any reason whatsoever, opposition, refusal or other, the transmission of the flow of money owed by the customer proves impossible, the order will be cancelled.

DELIVERY

EXKYZ delivers to the following areas:

• Zone 1: Metropolitan France;
• Zone 2: European Union: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Germany, Denmark, Estonia, Finland, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal , Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom.

No delivery can be made to a country not on this list, or to post office boxes.

EXKYZ undertakes to make every effort to deliver the Products ordered within the times indicated, at the latest 10 days from the confirmation of your order.

The delivery prices are as follows:

• Add €4 including tax for any order delivered in mainland France via Colissimo Free shipping for shipments in mainland France greater than or equal to €150 of purchase via Colissimo;
• Add €22 including tax for any order delivered to a country in zone 2.
• In Click & Collect, no shipping costs will be expected.

The order is delivered to the delivery address you have chosen. The information set out and recorded when ordering is binding on you. In the event of an error in the wording of the recipient's contact details, EXKYZ cannot be held responsible for the impossibility in which it could be to deliver the product(s) following this error. In addition, in this case, EXKYZ will not be able to make a second delivery. The price of the order after deduction of shipping costs will then be refunded to you, after receipt by EXKYZ of the returned package.

EXKYZ guarantees that the Products are in perfect condition when handed over to the carrier. In the event that the Products are severely damaged, your reservations must be made in writing to the carrier upon delivery, or at the latest 4 hours after this delivery. A copy of these reservations must be sent to EXKYZ by e-mail to the address contact@exkyz.fr, no later than 12 hours after these reservations have been made.

If the above procedure has been followed, and if it is thus proven that the reservations are due to the fact that the package and the Products are badly damaged, EXKYZ at its option will establish a credit note, reimburse the customer for the price paid or make a new delivery of similar Products.

No non-validated return of Products will be accepted.

RIGHT TO RETRACT

Pursuant to the provisions of Articles L.121-21 and following of the Consumer Code, you have a period of 14 clear days from delivery to exercise your right of withdrawal. When the 14-day period expires on a Saturday, Sunday or a public holiday or non-working day, it is extended until the first following working day.

To exercise your right of withdrawal, please send us the withdrawal form available in Appendix 1 to the following address: EXKYZ – 885 Domaine de la vigne – 59910 Bondues, or contact@exkyz.fr. Upon receipt of your request, customer service will contact you at the contact details provided in order to organize the return of the Products, the direct costs of which remain your responsibility.

Packages must be returned to the following address:

EXKYZ

885 vineyard estate

59910 Bondes

The refund will take place as soon as possible after receipt of the returned Product(s) and at the latest within 14 days of their receipt(s) and will be made via the payment method used. during the purchase.

However, reimbursement can only be made if the Product is returned in perfect condition, in its original packaging, accompanied by all possible accessories, instructions for use and documentation. In addition, Products unsealed and/or inseparably mixed with other products will not be reimbursed.

You will be the only one who can exercise this right of withdrawal. In the event of delivery to a person other than the customer, this right cannot therefore be exercised by the recipient of the order.

 COMPLIANCE

EXKYZ undertakes to provide you with goods that comply with your order and with the French legislation in force.

In the event of non-compliant delivery, you have up to 6 months after the delivery date to submit your complaint to EXKYZ. Beyond this period, EXKYZ can no longer guarantee the Products.

 

GUARANTEES FOR HIDDEN DEFECTS

The Products are subject to the conditions of the legal guarantees provided for in Articles L.211-4 to L.211-14 of the Consumer Code.

Pursuant to the provisions of article 1641 and following of the Civil Code, EXKYZ is bound by the guarantee against hidden defects, i.e. "hidden defects of the thing which make it unsuitable for the use for which it is intended, or which so diminish this use, that the customer would not have acquired it, or would have paid only a lesser price for it, if he had known about them".

You are solely responsible for the choice of Products, their conservation from delivery and their use. Under no circumstances can EXKYZ guarantee that the order meets your specific expectations.

RETENTION OF OWNERSHIP

In accordance with the law of May 12, 1980, the Products delivered to you are sold subject to retention of title. The transfer of ownership is subject to full payment of the price of the Products, on the due date agreed between the parties.

The Products therefore remain the property of EXKYZ until full payment of the orders.

RESPONSIBILITY

EXKYZ cannot be held liable in the event of non-performance or poor performance of the contractual obligations attributable to the customer, in particular when entering his order.

EXKYZ cannot be held responsible, or considered as having failed hereunder, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the case law of the French courts and tribunals.

It is also specified that EXKYZ does not control the websites that are directly or indirectly linked to the site. Consequently, it excludes all liability for the information published therein. Links to third party websites are provided for informational purposes only and no guarantee is provided as to their content.

PERSONAL DATA

EXKYZ collects personal data about its customers on the site, including through cookies. Customers can disable cookies by following the instructions provided by their browser.

The data collected by EXKYZ is used to process orders placed on the site, manage the customer's account, analyze orders and, if the customer has chosen this option, send him commercial prospecting letters, newsletters, promotional offers and/or information on special sales, unless the customer no longer wishes to receive such communications from EXKYZ. The customer's data is kept confidential by EXKYZ in accordance with its declaration made to the CNIL, for the purposes of the contract, its execution and in compliance with the law.

Customers can unsubscribe at any time by accessing their account or by clicking on the hypertext link provided for this purpose at the bottom of each offer received by email. The data may be communicated, in whole or in part, to EXKYZ service providers involved in the ordering process. For commercial purposes, EXKYZ may transfer the names and contact details of its customers to its business partners, provided that they have given their prior consent when registering on the site.

EXKYZ will specifically ask customers if they want their personal data disclosed. Customers may change their mind at any time or by contacting EXKYZ. EXKYZ may also ask its customers if they wish to receive commercial solicitations from its partners.

In accordance with law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms, THE CUSTOMER benefits from a right of access, rectification, opposition (for legitimate reasons) and deletion. of his personal data. He can exercise this right by sending an e-mail to the address: contact@exkyz.fr or by sending a letter to Société EXKYZ – 885 Domaine de la vigne - 59910 Bondues

It is specified that the customer must be able to prove his identity, either by scanning an identity document, or by sending EXKYZ a photocopy of his identity document.

COMPLAINTS

Any written complaint from the customer must be sent to the following address: Société EXKYZ – 885 Domaine de la vigne - 59910 Bondues

INTELLECTUAL PROPERTY

All the visual and sound elements of the site, including the underlying technology used, are protected by copyright, trademark law and/or patents.

These elements are the exclusive property of EXKYZ. Anyone who publishes a website and wishes to create a direct hypertext link to the site must request authorization from EXKYZ in writing.

This authorization from EXKYZ will in no case be granted definitively. This link must be deleted at the request of EXKYZ. Hypertext links to the site that use techniques such as framing or insertion by hypertext links (in-line linking) are strictly prohibited.

VALIDITY OF THE GENERAL CONDITIONS

Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these General Conditions cannot affect the validity of these General Conditions. Such a modification or decision does not in any way authorize customers to disregard these General Conditions.

All conditions not expressly dealt with herein shall be governed in accordance with the usage of the retail sector for individuals, for companies whose head office is located in France.

MODIFICATION OF THE GENERAL CONDITIONS

These General Conditions apply to all product orders made online on the site, as long as the site is available online.

The General Conditions are dated precisely and may be modified and updated by EXKYZ at any time. The applicable General Conditions are those in force at the time of the order.

Changes to the Terms and Conditions will not apply to products already purchased.

 JURISDICTION AND APPLICABLE LAW

These General Conditions as well as the relations between the customer and EXKYZ are governed by French law.

In the event of a dispute, only the French courts will be competent.

However, prior to any recourse to the arbitration or state judge, the Customer is invited to contact the EXKYZ complaints department.

If no agreement is reached, an optional mediation procedure will then be offered, conducted in a spirit of loyalty and good faith with a view to reaching an amicable agreement when any conflict relating to this contract arises, including on its validity.

The party wishing to implement the mediation process must first inform the other party by registered letter with acknowledgment of receipt, indicating the elements of the conflict. If, after a period of seven (7) days, the parties are unable to reach an agreement, the dispute may be submitted to a conventional or judicial mediator. The appointed mediator will be the FCD (Fédération du Commerce et de la Distribution), whose contact details are:

DCF

12 rue Euler

75008, Paris

Email: mediationconsommation@fcd.fr

In the event that mediation fails or is not considered, the dispute that may have given rise to mediation will be entrusted to the competent court designated above.

APPENDIX 1- WITHDRAWAL POLICY

The customer has the right to withdraw from this contract without giving any reason within fourteen days.

 Withdrawal period

The withdrawal period expires fourteen (14) calendar days after the day of the conclusion of the contract between EXKYZ and the customer.

 Notification of the right of withdrawal

To exercise his right of withdrawal, the customer must notify his decision to withdraw by means of an unambiguous declaration (for example, letter sent by post or e-mail to: contact@exkyz.fr.

He can also use the form below:

Withdrawal form

To the attention of EXKYZ

EXKYZ email address: contact@exkyz.fr

I hereby notify you of my withdrawal from the contract relating to the sale of the product(s) below:

– Invoice number:

– Purchase order number:

– Ordered on [____________]/received on [________________]

– Means of payment used:

– Details of the products to be returned:

– Name of the customer and, if applicable, the beneficiary of the order:

– Customer address:

– Signature of the client (except in the case of transmission by email)

- Date

In order for the withdrawal period to be respected, the customer must send his communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.

Effects of withdrawal

In the event of withdrawal by the customer, EXKYZ undertakes to reimburse all sums paid without undue delay and, in any event, no later than fourteen (14) days from the day on which EXKYZ is informed of the customer's willingness to withdraw.

EXKYZ will proceed with the refund using the same means of payment as the one that the customer used for the initial transaction, unless the customer expressly agrees to a different means, in any case, this refund will not incur any costs for the customer.