Updated on 22 January 2022
- Scope of application
These General Terms and Conditions of Sale (hereinafter the “GTC“) apply, without restriction or reservation, to all sales concluded through the e-commerce site www.api-k.com (hereinafter the “Site“) between the company API-K, a simplified joint stock company, with a capital of 5. 708 euros, whose registered office is located at 48 Avenue Lac du Bourget 73370 Le Bourget-du-Lac, registered in the Grenoble Trade and Companies Register under number 837 913 763 (hereinafter the “Seller” or “We“) and the end consumer wishing to acquire the products marketed on the website (hereinafter the “Products“) for his or her personal needs (hereinafter the “Customer“).
The Seller and the Customer are jointly referred to as the “Parties“.
The Customer declares that he/she has the legal capacity to enter into a contract within the meaning of Articles 1145 et seq. of the French Civil Code and certifies that he/she is a natural person of full age acting for his/her personal needs.
- Acceptance of the general conditions of sale
Placing an order on the Site implies full and complete acceptance of these GTC, which are accessible at any time on the Site. We invite you to print and keep a copy of these GTC for any future reference.
The GTC applicable to the order are those in force on the date the order is placed. We reserve the right to modify these GTC at any time. These modifications are published by their posting online and are deemed to be accepted without reservation when the Customer accesses the site after their posting online. In the event that one of the clauses of these GTC is null and void due to a change in legislation, regulations or a court decision, this shall not affect the validity of and compliance with these GTC or call into question the validity of the other provisions which shall continue to apply.
- Characteristics and information relating to the Products
Prior to placing an order, the Customer may take note on the Site of the essential characteristics of the Products he/she wishes to order, presented in each of the Product sheets. The Customer is solely responsible for the choice of purchase and the choice of a Product.
The Customer must refer to the description of each Product in order to know its properties and essential characteristics. The information on the Site is as accurate as possible. However, the photographs and other reproductions of the articles are only indicative and have no contractual value.
- Availability of Products
Our offers of Products and prices are valid as long as they are visible on the Site, except for special operations whose validity period is specified on the Site. We invite the Customer to consult the availability of the Products sold on the information page of each Product.
Errors or modifications may exceptionally occur, particularly in the case of simultaneous orders of the same Product by several customers.
In the event of an order for a single Product that proves to be unavailable, We reserve the right to cancel the order, subject to notifying the Customer.
In the event of an order for several Products, if one of the Products proves to be unavailable, We will inform the Customer that the unavailable Product cannot be sent. The remainder of the order will be processed and shipped to the Customer within the timeframe announced by the information email on his order tracking. The Customer may also opt for the total cancellation of his order, provided that he informs us in advance by telephone or email.
In order to ensure a better quality of service and availability of the Products to all of the Site’s Customers, We reserve the right to limit the quantity of Products that can be purchased by the Customer, in accordance with the provisions applicable in this respect and in particular those of Article L. 121-11 of the Consumer Code.
- Special provisions relating to K-IP Tags (as defined below)
The “K-IP Beacons” are beacons designated and produced by the Seller allowing the geolocation of the Buyer via a connection to the API-K network.
The “API-K Network” is a private and local network installed by the Seller in a given territory and made available to the Buyer by a third party entity having a subscription with the Seller. KI-P Beacons may also be geolocated by emergency services that have purchased FIND-R beacons from the Seller. The Parties agree that the Seller’s liability is strictly limited to the supply of the KI-P Beacons purchased by the Buyer and in no case on the availability of an API-K Network at a given location or even on the availability of the KI-P Beacons.
In addition, the Buyer expressly acknowledges that the Seller is only holder of an obligation of means. The Buyer undertakes to use the KI-P Beacons only (i) within the framework of leisure activities and (ii) as a geolocation tool complementary to all the other tools which he may already have (such as his mobile phone for example)
- Creation of an account
The purchase of Products on the Site is conditioned by the creation of a personal account.
In order to create this personal account, we will ask you to enter your surname, first name, email address, date of birth and telephone number. We will also ask you to choose a password that respects the recommendations of the CNIL (https://www.cnil.fr/fr/les-conseils-de-la-cnil-pour-un-bon-mot-de-passe).
In addition, the connection to your personal account requires an internet connection, at your expense. For optimal use, Users must have at least the latest or second last generation browser.
In any event, Customers remain responsible for their computer environment and the compatibility of their equipment with the use of the Site.
The Customer is the only one authorised to access the account and use the services of the Site using his login and password. Thus, any access to a Client’s account is deemed́ by right to have beeń carried out by the said Client. Likewise, access to services with his login and password as well as the purchase of Products is carried out under the sole responsibilitý of the Customer.
Therefore, in case of loss, theft or any fraudulent act with regard to his identifier and password, the Customer must inform the Seller as soon as possible and justify on this occasion his identitý by any means.
To be able to place an order for Products, the Customer must obligatorily follow the following steps:
- Add one or more Products available on the Site to your basket ;
- Log in to their Customer account or create a Customer account on the Site, as described in Article 4 hereof;
- Choose a delivery method among those available;
- Specify their delivery address or check their details if they have an account on the Site. In this respect, the Customer, when creating an account, must create a login and password. The Customer must take care to protect his password and not to divulge it. Indeed, it is important to note that the Customer is responsible for any purchase made with his login and password, even if it is not your fault;
- Check the elements of their order and if necessary, return to the previous steps to correct any errors;
- Choose your payment method from those proposed by the Seller and click on “Pay”.
The order shall be deemed to be finalised at the time of validation of payment by the Customer’s payment organisation.
In the event of prolonged inactivity during the connection, it is possible that the selection of Products chosen before this inactivity is no longer guaranteed. The Customer will be invited to restart his selection of items from the beginning.
We reserve the right not to accept an order in the event of non-compliance with the GTC, in the event of errors, anomalies in the order, in the event of a payment incident or suspicion of fraud and/or abuse.
The Customer will then receive by e-mail :
- an acknowledgement of receipt confirming the order
- a confirmation of payment of the order;
- confirmation of the dispatch of the order.
- Price – Payment – Delivery costs
Unless otherwise stated, the prices displayed on the Site are expressed in euros (€).
We reserve the right to modify the prices at any time; the Products will in any case be invoiced on the basis of the prices in force at the time the order is placed.
In accordance with the applicable rules and regulations, any purchase made through the Site is subject to value added tax (vat) which will be indicated when the order is validated.
If one or more taxes or contributions are modified or if new taxes or contributions are created, this change may be reflected in the sale price of the Products. No tax or contribution not foreseen at the time of the order may be subsequently requested from the Customer.
The prices invoiced are those in force on the date of the order. The Customer is informed that prices are likely to change. The Customer is therefore invited to pay attention to the price in force at the time of the order and which is mentioned on the Site when the product is placed in the shopping basket.
The amount of the transport costs relating to the delivery of the Products will be automatically displayed on the Site at the time of validation of the shipping method chosen by the Customer and will be communicated to the Customer again when the order is confirmed by e-mail. The payment requested from the Customer corresponds to the total amount of the purchase, including delivery costs.
Confirmation of the price paid and the delivery costs charged to the Customer in the form of an invoice in euro currency (€) is available to the Customer on his personal account accessible from the Site.
The price is payable in cash, in full, on the day the order is placed by the Customer, by secure payment, according to the methods proposed on the Site.
In the event of payment by bank card, the Customer guarantees to the Seller that he is the holder of the bank card he is using and that the name appearing on the bank card to be debited is indeed his own, and then communicates in a secure environment via the Internet, the number and expiry date appearing on the front of his bank card as well as the numbers of the visual cryptogram appearing on the back (or the front) of his bank card. The Customer will be debited when the order is validated.
The amount due is the amount indicated on the order confirmation page displayed to the Customer at the time of payment.
In the event that, for any reason whatsoever (opposition, refusal of the issuing centre, etc.), the debit of the sums due by the Customer proves impossible, the sale made will be immediately cancelled and the Internet purchase process cancelled. We shall not be held liable in any way for this.
We also reserve the right to refuse the Customer any order or to honour a delivery if a previous payment dispute exists.
- Transaction security
The Customer’s credit card details are encrypted using SSL (Secure Socket Layer) protocol and are never transmitted unencrypted over the Internet. The payment is made directly to our bank, which means that no banking information of the Customer passes through the Site.
Despite data encryption, we remind you that no data transmission on the Internet is 100% secure and that information communicated online can potentially be intercepted and used by persons other than the intended recipient.
- Places of delivery
The Products purchased on the Site are delivered to the delivery address that the Customer will have given when ordering. We have the possibility to deliver in France and in Europe once the delivery method and its associated costs have been validated by the Customer.
The Customer is hereby informed that the Seller shall not be held responsible in the event of incorrect information being entered by the Customer in the delivery address.
The Customer undertakes to provide all information relating to the delivery conditions (place, recipient, etc.) when placing the order. This information is binding on the Customer. In the event of an error in the recipient’s address or other information, We shall not be held responsible for any impossibility of delivering the Products ordered.
- Delivery methods
The Customer can choose, at the time of the validation of his order, to choose a mode of delivery among those available.
- Delivery time
Deliveries are made by carrier within the time limits indicated on the Site, after the preparation of your package and from its date of dispatch. The Customer is informed of the dispatch of his order by email.
For information purposes, the average shipping time varies from 2 to 5 working days after receipt of your paid order, with a maximum of 3 weeks.
In addition, we inform you that in the event of a Product being out of stock, the delivery time may be longer than 3 weeks. In this case, you will be informed by e-mail or telephone.
We invite the Customer to regularly consult his order tracking on his customer account.
If We are prevented from meeting the deadlines by a case of force majeure or a fortuitous event (Article 14) by a foreign cause, in particular a fault that is attributable to the Customer, the delivery deadline is automatically extended according to the duration of the prevention. We shall inform the Customer by e-mail of the occurrence and end of such impediments. If the impediment lasts for more than one month, the Customer shall be entitled to cancel the order without any right to claim compensation.
- Cost of delivery
The cost of delivery (shipping costs) depends on the delivery option chosen, the country of destination and the weight of the Products.
Full details of the cost of delivery are set out on the Site.
- Right of withdrawal
- Right of withdrawal and time limits
The Customer benefits, under the conditions provided for in Articles L. 221-18 to L. 221-28 of the French Consumer Code, from a right of withdrawal relating to Products purchased on the Site, within a period of fourteen (14) calendar days from the date of receipt of the Products.
In the case of multiple orders (of several Products), the withdrawal period shall run from the date of receipt of the last Product.
The Customer must express his decision to use his right of withdrawal before the expiry of the above-mentioned period. The Customer can fill in and send his declaration of withdrawal either :
- by contacting our Customer Service directly, which will indicate the procedure to follow, or
- The Customer may also send his request on plain paper to the following address: 48 Avenue Lac du Bourget 73370 Le Bourget-du-Lac. The Customer may, if he/she wishes, use the model withdrawal form available in Appendix I of these GTC.
The Customer will then receive confirmation of his withdrawal by e-mail without delay.
- Procedure for the free return of Products
When exercising the right of withdrawal, the Product must be returned in its original packaging, unopened, in perfect condition (not stained, damaged, worn or worn), complete (including its user manual and accessories if applicable) so as to enable it to be marketed in new condition.
The return of a Product is free of charge, except for the cost of returning the Product, which is borne by the Customer. To do so, the Customer must send a request for a return label to the Seller by email and return the Products to the Seller via its carrier, within a maximum of 14 days from the Customer’s declaration of withdrawal, using the said label.
If the Customer cannot or does not wish to use the pre-printed return label service, he/she can contact Customer Service who will register the return of the Product. In this case, we advise you to take out the insurance offered by your carrier. We shall not be liable for any loss, misdirection or delay in delivery of a Product that the Customer wishes to return to the Seller, as the risks of the transport that the Customer has chosen and that the Customer initiates rests solely with the Customer.
We reserve the right to refuse to accept the return of a Product and not to reimburse it:
- in case of non-compliance with the above-mentioned withdrawal procedure;
- in general if our Customer Service is unable to identify the Customer or the order (order number, return number, contact details, etc.),
- if the Product is not in its original packaging and condition (documents and accessories), in particular if the Product has suffered depreciation due to its handling or use, in particular due to the risk linked to the fact that it is often a product subject to the regulations applicable to personal protective equipment.
The refund of the returned Product(s) will be confirmed by email and will take place within a maximum of fourteen (14) calendar days from the day we receive the returned Product.
We will refund you using the same payment method you used for the original transaction.
In the event that the Customer returns only some of the Products ordered and not all of them, the delivery charges will not be refunded to the Customer. Only the returned Product will be refunded to the Customer.
We reserve the right to refund express delivery at the standard delivery rate.
If the Customer does not use the return label provided with their order: it will be their responsibility to return the Products themselves and to keep any proof of return, which implies that the Products are returned by registered post or by any other means giving a certain date to this sending. In this case, the cost of returning the Products shall be borne by the Customer.
In the event of depreciation of a Product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product, (in particular for Products returned incomplete, damaged, deteriorated, soiled or in any other condition that would reasonably suggest that they have been used), We reserve the right to refuse to refund or exchange the damaged Product (unless it is a defective Product) which will be returned to the Customer.
We will not issue a refund if the Products returned by the Customer do not correspond to the Product(s) ordered or if they have a different origin than the Site.
- Product warranties
- The Products sold by the Seller are subject to the legal guarantees provided for in Articles L. 217-4 to L. 217-14 of the Consumer Code and Articles 1641 to 1648 of the Civil Code, to the exclusion of all other guarantees:
Article L. 217-4 of the Consumer Code:
The seller delivers a good in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.
Article L. 217-5 Consumer Code:
The good is in conformity with the contract:
1° If it is fit for the use usually expected of a similar good and, where applicable :
– if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
– if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L217-12 Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
When acting under the legal guarantee of conformity, the Customer: – has a period of two years from the delivery of the Product to act against the Seller; – may choose between repairing or replacing the Product, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code; – is exempt from proving the existence of the Product’s lack of conformity during the two years following the delivery of the Product. It is reminded that the Customer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and that in this case, he/she may choose between the cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
Within the framework of the legal guarantee of conformity, We undertake, at the Customer’s choice, to either
– either to repair the Product ;
– or to replace the Product with an identical product depending on available stocks;
However, in accordance with Article L.217-9 of the French Consumer Code, We may not proceed according to the Customer’s choice if this choice has a cost that is clearly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. We shall then be obliged to proceed, unless this is impossible, according to the method not chosen by the Customer.
If repair or replacement of the Product is not possible, the Customer may be refunded the price paid and return the Product or keep the Product and be refunded part of the price, unless the lack of conformity is minor. The return, replacement or reimbursement of the Product shall be free of charge for the Customer and shall not preclude the possible allocation of damages in the event that the Customer is entitled to them.
Article 1641 of the Civil Code:
“The seller is bound by the warranty for hidden defects in the item sold which render it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them.
Article 1648 paragraph 1 Civil Code:
“The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.”
Article 2232 of the Civil Code:
“The postponement of the starting point, the suspension or interruption of prescription may not have the effect of extending the period of extinctive prescription beyond twenty years from the day on which the right arose.”
In the event of a hidden defect :
-It is up to the Customer to prove that he fulfils the conditions of the guarantee.
-The Customer shall have the choice of returning the Product and having the price refunded or keeping the Product and having part of the price refunded.
- The following defects are excluded from these guarantees
- use of the Products not in accordance with their intended purpose,
- failure to comply with the instructions for installation, use and maintenance of the Products
- Deterioration and normal wear and tear of the Products, modification of the Products, or a shock due to torsion, compression, dropping or abnormal impact of the Product.
Under the guarantees from which the Customer benefits, We undertake, according to the Customer’s choice, to
- refund the Product in full
- repair the Product if this is possible and return it to the Customer at the address indicated by you.
The procedure for returning products is set out in Article 7.2 of these GTC. The Customer must also specify the alleged non-conformity.
- Customer service
In the event of any difficulty arising in connection with the order, the delivery of the Products, the guarantee of the Products or in order to request an amicable settlement, the Customer may contact Customer Service
- at the following e-mail address: email@example.com
- by telephone: 07 85 18 27 04
- by mail: API-K – Customer Service – 48 Avenue Lac du Bourget 73370 Le Bourget-du-Lac
- Intellectual property
All elements reproduced on the Site, including texts, comments, photos, trademarks, logos, illustrations, photographs and images, as well as the underlying technology of the Site and its architecture, are protected by intellectual property rights. These elements are and remain our exclusive property or that of the holder of the intellectual property rights concerned for which We have regularly acquired the exploitation rights.
Any total or partial reproduction of the Site or any of its elements, by any process whatsoever, on any medium whatsoever, and for any reason whatsoever, including any hypertext link to the Site and using in particular the framing, deep-linking, in-line linking or any other deep linking technique, is strictly prohibited and would constitute an infringement punishable under Articles L.335-2 et seq. and/or L.716-1 et seq. of the French Intellectual Property Code.
- Protection of personal data
On the basis of the execution of the sales contract and the legitimate interest of implementing its activities, we inform the Customer that his personal data is collected and processed for the needs of the management of his order and more generally for the needs of the management of the customer relationship: creation of an account, taking of an order, delivery, follow-up of delivery, payment, management and follow-up of the right of withdrawal, request for exchange or return, after-sales service request.
- Limitation of liability
In addition to the specific provisions detailed in Article 3.3 hereof, we shall not be liable for any inconvenience or damage inherent in the use of the Internet or any other communication network, in particular a break in service, external intrusion or the presence of a computer virus, affecting access to or the operation of the Site, or the use of the Products, except in the event of gross negligence or wilful misconduct on our part.
While every effort is made to ensure that the colour and design of the Products whose photos are displayed on the Site are faithful to the original Products, variations may occur, in particular due to the technical limitations of colour rendering on the Customer’s computer equipment. Consequently, the Seller cannot be held responsible for any errors or non-substantial inaccuracies in the photographs or graphic representations of the Products shown on the Site. In the event of questions about the Products, the Customer may of course contact our Customer Service Department.
- Force majeure
The occurrence of an event constituting force majeure within the meaning of case law and Article 1218 of the Civil Code shall result in the suspension of the obligations incumbent on the Seller. This non-performance of the contract shall not engage our responsibilitý. If the case of force majeure lasts for more than one (1) month, the Seller may not honour the order, on condition that it reimburses the Customer for any sums paid by him for the order concerned.
- Method of proof
The Parties recognise that writing in electronic form is accepted as evidence in the same way as writing on paper.
- Applicable law – Disputes
French law is applicable to these GTC.
However, if the Customer does not reside in Metropolitan France but in another country of the European Union, he may avail himself of the provisions of the law applicable to his country of residence, when they are more favourable than the provisions of French law.
The Customer is informed that he/she may in any case have recourse to conventional mediation, or to existing sectoral mediation bodies, or to any other alternative dispute resolution method in the event of a dispute.
In accordance with Order no. 2015-1033 and Decree no. 2015-1382, any consumer dispute or litigation, subject to Article L.612-2 of the French Consumer Code, may be the subject of an amicable mediation settlement with CM2C (“CM2C”. To submit your dispute to the Mediator, you may (1) fill in the form on the website https://cm2c.net/declarer-un-litige2.php under the “Declaration of a dispute” tab, or (2) send your request by simple or registered mail to CM2C 14 rue Saint Jean 75017 PARIS. Whichever method you use to contact the CM2C, your request must contain the following elements in order to be processed quickly: your postal, e-mail and telephone contact details, as well as the full name and address of API-K, a brief statement of the facts and proof of prior contact with API-K.
In the absence of an amicable resolution or recourse to mediation, the French courts will be competent to hear all disputes to which these GTC may give rise. However, under the conditions referred to in Article 15 of Regulation No. 44/2001 of 22 December 2000, the Customer may bring the matter before the Court of the place where he/she is domiciled (and provided that this domicile is located in the Delivery Area).
Since 15 February 2016, the European Commission’s online platform for the amicable settlement of disputes is open to the public. Any consumer who has a dispute with a company located in the EU can file a request for mediation through this European platform http://ec.europa.eu/consumers/odr. You can also consult the European Commission’s website dedicated to consumer mediation: https://ec.europa.eu/info/live-work-travel-eu/consumers/resolve-your-consumer-complaint_en