Preamble

The online store of the Kinogear site was set up by the company Kinolios, which is the operator of this site.

Any order placed for a product appearing in the online store of the Kinogear website at the address https://kinogear.kinolios.com/ implies prior acceptance of these general conditions.

Consequently, the consumer acknowledges being fully informed of the fact that his agreement concerning the content of these general conditions does not require the handwritten signature of this document, to the extent that the customer wishes to order online the products presented in the store of the website.

The consumer has the option of saving or editing these general conditions, it being specified that both the saving and the edition of this document are his sole responsibility, these general conditions of sale may be subject to modifications. In this case, the applicable conditions will be those in force on the site on the date of the order.

Presentation of the essential characteristics of the goods offered:

Indication, in euros (including tax) of the price of the goods, as well as, where applicable, delivery costs
Indication of the terms of payment, delivery, or execution
The existence of a right of withdrawal
The validity period of the offer or price
Stock status of the products offered

All of this information is presented in French and translated in English. The consumer declares that he has full legal capacity allowing him to commit to these general conditions.

Article 1: Completeness

These general conditions express the entirety of the obligations of the parties. In this sense, the consumer is deemed to accept without reservation all of the provisions provided for in these general conditions of sale. Kinolios, for its part, undertakes to respect its role as reseller within the framework of these conditions.

Article 2: Purpose

The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods and services offered by the company owning the Kinogear site to the consumer.

Article 3: Contractual documents

This contract is formed by the following contractual documents, presented in descending hierarchical order:

These Terms of Sale

Purchase order

In the event of a contradiction between the provisions contained in documents of different rank, the provisions of the document of higher rank will prevail.

Article 4: Entry into force – duration

These general conditions come into force on the date of signing the purchase order.

These general conditions are concluded for the duration necessary for the supply of the goods and services purchased, until the expiration of the guarantees.

Article 5: Validation of orders and electronic signature (French law of March 13, 2000 on electronic signatures.)

Any order form signed by the consumer by “double click” constitutes an irrevocable acceptance which can only be called into question in the cases restrictively provided for in these general conditions of sale such as “right of withdrawal” and “out of stock”.

The “double click” associated with the authentication and non-repudiation procedure and the protection of the integrity of messages constitutes an electronic signature. This electronic signature has value between the parties as a handwritten signature.

Article 6: Order confirmation

Contractual information will be confirmed by email. Certain orders must be checked by our verification department. In this case, you will be notified by email of the supporting documents to send in order to obtain final validation of your order. Kinolios reserves the right to cancel the order in the event of non-receipt of these supporting documents or receipt of documents deemed non-compliant.

Kinolios recommends that the customer keep a paper or reliable computer record of the data relating to their order.

The customer must verify the completeness and conformity of the information he provides to Kinolios. The latter cannot be held responsible for possible entry errors and the consequences in terms of delay or delivery error. In this context, all costs incurred for reshipment will be the responsibility of the customer.

Article 7: Proof of the transaction

Computerized records, kept in Kinolios' computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments made between the parties.

The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.

Article 8: Product information

8-a: Kinolios presents on its Kinogear website the products for sale with the necessary characteristics which allow compliance with article L 111-1 of the French Consumer Code, which provides the possibility for the potential consumer to know before taking the decision to order the essential characteristics of the products he wishes to purchase.

8-b: The offers presented by the company on Kinogear are only valid while stocks last. Kinolios reserves the right to modify the assortment of products according to the constraints imposed by its suppliers.

8-c: The products offered comply with current French legislation and the standards applicable in France. The photographs, texts, graphics, information and characteristics reproduced and illustrating the products presented are not contractual. Consequently, Kinolios cannot be held liable in the event of an error or omission in any of these photographs, texts or graphics, information or characteristics of the products or in the event of modification of the characteristics of the products by the suppliers.

8-d: Kinolios cannot be held responsible for the non-performance of the contract concluded in the event of stock shortage or unavailability of the product, force majeure, disruption or total or partial strike in particular of postal services and means of transport and/ or communications, flood, fire. Kinolios will not incur any liability for any indirect damage as a result of this, operating loss, loss of profit, loss of opportunity, damage or costs, which may arise as a result of the purchase of the products. We remind you that it is prudent to back up the data contained in the products purchased. Kinolios cannot be held responsible for any loss of data, files or damage defined in the previous paragraph.

8-e: The total or partial impossibility of using the products, in particular due to material incompatibility, cannot give rise to any compensation or reimbursement or questioning of the liability of Kinolios, the customer remaining the sole judge of the compatibility between products ordered with those already in its possession.

8-f: Hypertext links may refer to sites other than the “Kinogear.kinolios.com” site. Kinolios disclaims all liability in the event that the content of these sites contravenes the legal and regulatory provisions in force.

8-g: Products displayed on the site with a delivery time before shipment will be subject to future orders from suppliers, customers are notified when ordering online.

8-h: Kinolios guarantees the Buyer, for hidden defects that may affect the products delivered, in the context of a replacement of defective products, or parts making them unfit for their use, or their reimbursement without being able to be considered by the Buyer as responsible for any harmful consequences that these hidden defects could have caused

Article 9: Price

Prices are indicated in Euros and are only applicable on the date that the validation of the order is sent by the consumer.

They do not take into account delivery costs, invoiced additionally, and indicated before final validation of the order. Kinolios reserves the right to invoice the consumer, below a certain order threshold, for a contribution to shipping costs. This threshold as well as the requested participation are clearly stipulated on the Kinogear.kinolios.com website.

The prices take into account the VAT applicable on the day of the order and any change in the legal VAT rate will be automatically reflected in the price of the products presented on the site, on the date stipulated by the implementing decree.

Full payment must be made when ordering, unless a specific offer is indicated on the site. At no time can the sums paid be considered as deposits.

Article 10: Method of payment

To pay for their order, the consumer can use a third-party method: PayPal.

Kinolios retains full ownership of the products sold until full collection of all sums owed by the consumer in connection with their order, including fees and taxes.

The transfer of ownership of a good purchased from Kinolios by the consumer to a third party will not be covered by Kinolios.

Only the original buyer of this property can claim access to the clauses of these Terms of sale.

Article 11: Availability of products

The order will be executed at the latest within 30 days from the day following the day on which the consumer's order was definitively validated (means of payment received and order verification procedure carried out).

In the event of unavailability of the ordered product, in particular due to our suppliers, the consumer will be informed as soon as possible and will have the possibility of canceling their order. The consumer will then have the choice of requesting either a refund, where applicable, of the sums paid within 30 days of their payment at the latest, or an exchange of a product with equivalent characteristics and price, if Kinolios is able to do so.

If an exchange is impossible, Kinolios reserves the right to cancel the customer's order and refund the amounts paid.

Information on product availability being transmitted by our suppliers, the unavailability of the product cannot engage the liability of Kinolios nor entitle the customer to damages.

Article 12: Delivery terms

The products are delivered to the address indicated by the consumer on the order form and only in mainland France, Monaco, Europe and throughout the world.

Kinolios cannot be held responsible for delivery delays due to errors or disruptions attributable to carriers (total or partial strike in particular of postal services and means of transport and/or communications).

The consumer is required to check the condition of the packaging of the goods upon delivery and to report any damage due to the carrier on the delivery note, as well as to Kinolios, within two working days.

The consumer will be notified by email of the imminence of a shipment concerning their order. In the event of a delivery delay of more than three days from the date we indicated to you in the shipping email, we suggest checking with your post office that the package is not pending, then If necessary, notify us of this delay by calling us by telephone or by sending us an email.

We will then contact La Poste to start an investigation. A La Poste investigation can last up to 21 working days from the date it is opened. If during this period the product is found, it will be redirected immediately to your home. If, on the other hand, the product is not found at the end of the 21 working day investigation period, La Poste considers the package as lost. It is only at the end of this period that we can send you a replacement product, at our expense only if you have subscribed to shipping against signature with transport insurance. If the product(s) ordered were no longer available at that time, we would reimburse you for the amount of the products affected by the carrier's loss.

Kinolios offers the following delivery method:

Colissimo delivery against signature with tracking, the package is insured on the market value of the goods ordered and will be delivered against signature to the recipient. The insurance covers the loss and theft of the package after closure of the carrier's investigation file.

Article 13: Delivery problems caused by the carrier

Any anomaly concerning delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.) must be indicated on the delivery note in the form of “handwritten reservations”, accompanied by the customer's signature.

In the case of a shipment made by La Poste, if the package arrives open or damaged, it is essential that the customer has a “report of spoliation” (report 170) drawn up by the postman or post office on which he depends that Kinolios can open an investigation and a compensation procedure.

The consumer must at the same time confirm this anomaly by sending to the carrier within two (2) working days following the delivery date a registered letter with acknowledgment of receipt setting out said complaints.

The consumer must simultaneously send a copy of this letter (with the original of the “report of spoliation” if applicable) by simple mail. Any complaint received after the deadline will be rejected.

Article 14: Delivery errors – Non-compliant products

14-a: The consumer must make to Kinolios the same day of delivery or at the latest the first working day following delivery, any claim of delivery error and/or non-conformity of the products in kind or quality in relation to the information given on the order form. Any complaint made after this deadline will be rejected without possibility of appeal.

14-b: This complaint may be made to Kinolios by contacting us by post, by e-mail or by telephone.

14-c: Any complaint not made in accordance with the rules defined above and within the allotted time limits cannot be taken into account and will release Kinolios from any liability towards the consumer.

14-d: Upon receipt of the complaint, Kinolios will assign a return number for the product(s) concerned and will communicate it to the consumer. The return of a product can only take place after this agreement number has been assigned according to the procedure presented above.

14-e: Any product to be exchanged or refunded must be returned within 8 working days following receipt of the return agreement to Kinolios in its entirety (accessories and instructions included) and in its original packaging in perfect condition, by Colissimo registered with insurance covering the market value of the returned products. To be accepted, any return must be reported in advance by e-mail to Kinogear.

The shipping costs advanced by the consumer will be reimbursed by Kinolios (upon supporting documents and within the limit of the cost of sending by registered Colissimo), except in the case where it turns out that the product returned does not correspond to the declaration of origin made by the consumer in the return slip.

If the above procedure is not followed, no claim for non-conformity or apparent defect of the products delivered will be accepted.

14-f : Custom-made products will not be returned or exchanged and will not benefit from the right of withdrawal below.

Article 15: Right of withdrawal

Kinolios grants the consumer a withdrawal period of 14 calendar days to return, at their expense, products that do not suit them. This period runs from the day of delivery of the consumer's order. Any return must be reported in advance by e-mail to Kinogear. The product must be returned by Colissimo Recommended with insurance of the market value of the products. In all cases the return is made at the consumer's risk.

Kinolios recommends that the consumer return their products by Colissimo with a recommendation or additional insurance guaranteeing, where applicable, compensation for the products up to their actual market value in the event of theft or damage or loss of this merchandise.

Kinolios recommends that the consumer over-pack the original packaging of their products, because only the products returned in their entirety (accessories, drivers, manuals, cover etc.), in their original packaging, will be taken back, all in front of be intact and in perfect resalable condition.

Any product that has been damaged, incomplete, or whose original packaging has been damaged will not be refunded or exchanged.

Products that can be copied (such as software, discs, CD Roms, console games, DVD films) must not have been unsealed, so that the consumer can benefit from the right of withdrawal.

This right of withdrawal is exercised without penalty, with the exception of return costs which remain the responsibility of the consumer. In the event of exercising the right of withdrawal, the consumer has the choice of requesting either a refund of the sums paid, or an exchange of an amount equivalent to the sums paid or, where applicable, with a bank complement, the costs reshipment remaining the responsibility of the consumer.

In the event of refusal of the package with a view to withdrawal, Kinolios reserves the right to charge the return postal costs to the consumer.

If the right of withdrawal is exercised, Kinolios will make every effort to reimburse the consumer within 15 days. However, given the technical nature of the products sold, this period may be extended to 30 days, in particular when the product requires technical verification by Kinolios after-sales service (these products must be tested beforehand).

The consumer will then be reimbursed by re-crediting their bank account (secure transaction), or by bank transfer in other cases.

Article 16: Product guarantee

In accordance with Article 4 of French Decree No. 78-464 of March 24, 1978, the provisions hereof cannot deprive the consumer of the legal guarantee which obliges the professional seller to guarantee him against all the consequences of hidden defects in the thing sold. . This clause is only applicable in the context of full payment of the order.

The conditions and duration of the producer guarantee are those indicated on the product sheets presented on the site at the time of the order.

Given the frequency of renewal of technical product components, Kinolios may, upon request, inform the consumer of the availability of spare parts for the products concerned or possibly of the methods for obtaining them.

Kinolios offers a lifetime warranty on all our products against manufacturing and material defects for the entire life of the product. More information is available on our Lifetime Product Warranty Page .

In the case of a defective product during the warranty period, the customer is invited to contact customer service who will tell them how to return their product. No returns will be accepted without prior agreement evidenced by the issuance of a number and a return agreement voucher. This return agreement is valid for a period of 8 working days. From the date of its allocation, the defective product must be returned to Kinolios in its original packaging, complete (with instructions, accessories, etc.), all protected by outer packaging visibly mentioning the return number communicated by Kinogear, the return slip being included in the package before sending.

All costs and risks associated with returning the defective product are the responsibility of the customer.

Any product whose warranty period has expired will not be covered by Kinolios

Kinolios recommends that the consumer check carefully with customer service or the manufacturer, before requesting a return under warranty, whether the latter is indeed provided by Kinogear after-sales service.

Article 17: Tax refund

As part of the relocation of an order or a product to a country other than mainland France, we remind you that you remain the importer of the product(s) concerned. Any customs duties, other local taxes, import duties or state taxes that may be payable will not be the responsibility of Kinolios. It is your sole responsibility to obtain information from the local authorities and to assume responsibility for the corresponding declarations and payments to the competent authorities and organizations of the country concerned.

Kinolios cannot be held liable in the event of non-compliance with the legislation of the country where the products will be sent by the consumer. It is up to the consumer to check with local authorities the possibilities of importing or using the products or services they plan to transport, to ensure that their technical and operating specifications specific to the manufacturer comply with the legislation of the country concerned.

Article 18: Rights of use

The right to use Kinolios software, as well as that distributed by it, is granted to the consumer on a non-exclusive, personal and non-transferable basis, in accordance with the French Intellectual Property Code.

However, under article L122-6-1 of this Code, the consumer has a right of reproduction exclusively for the establishment of a backup copy, when this is necessary to preserve the use of the software.

In any case, the author of the software retains a property right over his work, which the consumer undertakes to respect.

The Kinolios company is the owner of the texts and photos published by itself and as such has the exclusivity of their uses.

The customer undertakes to respect all of our company's intellectual property rights, of which he declares having full knowledge, particularly with regard to trademarks, patents, designs and models, etc.

Article 19 : Force majeure

Neither party will have failed in its contractual obligations, to the extent that their execution is delayed, hindered or prevented by a fortuitous event or force majeure.

Will be considered as fortuitous event or force majeure any irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts.

The party affected by such circumstances will notify the other within ten business days of becoming aware of them.

The two parties will then come together, within one month, unless this is impossible due to force majeure, to examine the impact of the event and agree on the conditions under which execution of the contract will be continued.

If the force majeure lasts for more than three months, these general conditions may be terminated by the injured party.

Expressly, the following are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals:

Blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning;

The shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.

Article 20: Partial non-validation

If one or more stipulations of these general conditions are held to be invalid or declared such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and their scope.

Article 21: Non-waiver

The fact that one of the parties does not take advantage of a breach by the other party of one of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation in cause.

Article 22 : Title

In the event of difficulty in interpretation between one of the titles appearing at the head of the clauses, and one of the clauses, the titles will be declared non-existent.

Article 23: Applicable law

These general conditions are subject to French law. This is the case for substantive rules as well as for formal rules.

In the event of a dispute or complaint, the consumer will first contact Kinolios to obtain an amicable solution.

Article 24: Information Technology and Freedoms

In accordance with the French law “Informatique et Libertés” n°78-17 of January 6, 1978, you have the right to access and rectify data concerning you. You can exercise this right by sending us an email.

Kinolios for Kinogear