These Terms and Conditions of Sale apply to the sale of any Product provided by:
The Company KLRC via their website https://www.aferiy.fr/en/ whose registered branch is located at Chemin de loudet – 31770 Colomiers, France
Hereinafter referred to as the “Company” or the “Seller”,
to Customers acting as consumers, meaning any individual acting for purposes outside their commercial, industrial, craft, professional or agricultural activity, hereinafter referred to as the “Customer”.
Any Order for Products implies the Customer’s unconditional acceptance and full adherence to these Terms and Conditions of Sale, which take precedence over any other document: catalogues, advertisements, notices, unless expressly agreed otherwise in advance by the Company.
The Company offers for sale portable power stations, solar panels and accessories from the AFERIY brand.
The Company does not sell Products to minors. If the Customer is under eighteen (18) years of age, they may only use the Site under the supervision of a parent or legal guardian.
The photographs on the Site are non-contractual and may differ significantly from the photographed models. These variations are due to the display settings of different screens and cameras, product lighting, the angle of the shot, etc.
The Company reserves the right to modify these Terms and Conditions of Sale at any time. In such cases, the applicable conditions will be those in force at the date of the Customer’s Order.
Article -2- Customer Contact
The Company’s customer service and after-sales support is available exclusively by email at contact@aferiy.fr. The Customer must include their first name, last name, the subject of their enquiry and their Order number in the email.
For any professional enquiry (partnership, media, contract proposal), the Company is available exclusively by email at contact@aferiy.fr.
Article -3- Definitions
“Customer” means any consumer customer who has placed an Order.
“Terms and Conditions of Sale” means this sales contract.
“Products” means the goods offered for sale on the Site. Each Product page lists the price, the option to contact customer service, the product technical specifications, stock availability, and customer reviews where applicable.
“Geographic Area of the Offer” means all countries to which the Company offers Products for sale and delivers Orders, namely France and Europe.
Article -4- Placing an Order
The Customer places the Order via the Site: the Customer records and validates the Order on the Site.
To place an Order on the Site, the Customer freely selects one or more Products from the Site’s catalogue by clicking the “Add to Basket” button. On the “Basket” page, the Customer can review the details of their Order and correct any errors before confirming it.
On the “Information” page, the Customer must enter their contact details. They may opt to receive Order updates by email by ticking the relevant box.
On the “Delivery” page, the Customer must choose from the available shipping methods.
On the “Confirmation” page, the Customer must enter their bank details and billing address. The Customer may also enter a promotional code if they have one.
A full Order summary is displayed. The Customer may amend all elements of the Order before finalising it. The Customer is responsible for any errors relating to the Order, Products and contact information.
The sale is validly formed once the Customer has confirmed the Order by clicking the “Complete my order” button, accepted the Terms and Conditions of Sale, and proceeded with payment using their chosen method, subject to the exercise of the right of withdrawal.
The Order validation date corresponds to the date of receipt of the full payment inclusive of all applicable taxes, as duly recorded.
Article -5- Availability
Product offers are valid while they remain visible on the Site, subject to available stock, excluding promotional operations listed as such on https://www.aferiy.fr/en/. In the event of a Product being unavailable after an Order has been placed, the Company will notify the Customer by email. The Order will then be automatically cancelled and the Company will refund the Customer the full amount already paid within thirty (30) days of payment at the latest.
Article -6- Exercising the Right of Withdrawal
For all distance selling transactions, the Customer has fourteen (14) clear days from the day after they take possession of the goods or accept the offer for a service, without justification or penalty, to exercise their right of withdrawal. Exercising this right terminates the present contract.
Where the fourteen (14) day period expires on a Saturday, Sunday or public holiday, it is extended to the next working day. The Customer must notify the Company of their decision by sending the downloadable standard withdrawal form available here: Refund Request
The Customer then has a further fourteen (14) days from the date they communicated their decision to withdraw, to return the goods to the Company at the address stated in Article 1. The Customer must not return the Product to the manufacturer.
To do so, the Customer may choose their preferred carrier, ensuring that handling and transport are carried out under the best possible conditions. The cost of protective packaging is the Customer’s responsibility. The Company recommends returning goods by recorded or tracked delivery.
The cost of returning the Product is borne by the Customer, as are all transport risks of any nature whatsoever.
The Customer is liable for any depreciation in the Product resulting from handling beyond what is necessary to establish the nature, characteristics and proper functioning of the Products, provided the Company has informed the Customer of their right of withdrawal.
Only Products in new condition returned in their original packaging will be accepted. In the event of Product depreciation, no return will be accepted.
Products unsealed after delivery by the Customer cannot be returned.
Article -7- Refunds and Charges
Where the right of withdrawal is exercised, the Customer is entitled to a full refund of all sums paid.
An email will be sent to the Customer confirming that the returned goods have been received and inspected by the Company. The Company will inform the Customer of its decision to approve or refuse the refund request.
The refund will be processed within fourteen (14) days from the date on which the Company is notified of the Customer’s decision to withdraw.
The Company will process the refund using the same payment method as that used by the Customer for the original transaction.
Exercising the right of withdrawal within the statutory time limit terminates both parties’ obligation to perform this contract, as well as any ancillary contract, at no cost to the Customer other than those relating to the return of the Products.
In the event of a delayed refund, the Customer should first contact their credit card issuer, then their bank, and finally the Company at the following email address: contact@aferiy.fr
Article -8- Pricing
The total Order price includes the price of the Products inclusive of all applicable taxes, and any delivery costs. All Orders are payable in Euros (€).
Products are invoiced based on the prices in effect on the Site at the date of the accepted Order. Discount codes, promotions and sales cannot be combined.
Prices and rates may be revised at any time by the Company.
Article -9- Payment
By placing an Order, the Customer declares that they have sufficient financial means to settle payment, and that they will duly pay the sums owed when due, in accordance with applicable law.
Payment of invoices is made in full upon Order validation, in accordance with the payment method freely chosen by the Customer.
The Customer may pay for their Order by:
Credit or debit card (Visa, Mastercard or American Express): All credit card numbers are encrypted to 256-bit standard when the Order is placed. They are only decrypted on the payment processor’s server. This information does not exist in plain text on any website and is therefore inaccessible to the Company and third parties.
For card payments, the card is only charged at the point of Order validation. Payment is made in full at the time of purchase.
Cheques are not accepted.
Information relating to the purchase transaction is retained for as long as necessary to complete the Order. Once the Order is finalised, the transaction data is deleted.
Article -10- Transfer of Ownership and Risk
The Customer acquires ownership of the ordered Products upon payment of the price. Any failure by the Customer to fulfil their payment obligation, for whatever reason, entitles the Company to seek judicial termination of this sales contract and to demand the return of the Products.
Delivery means the transfer to the Customer of physical possession or control of the goods. All risk of loss or damage to the goods is transferred to the Customer at the moment the Customer, or a third party designated by them other than the carrier proposed by the Company, physically takes possession of the Products.
Where the Customer arranges delivery of the Product with a carrier other than that proposed by the Company, the risk of loss or damage to the Product is transferred to the Customer upon handover of the Product to that carrier.
Article -11- Delivery Timeframes
The delivery timeframe is the period between Order confirmation and the physical transfer of the Product to the Customer, excluding installation or unpacking.
Delivery will take place within the timeframe indicated at the time of the Order, except in cases of force majeure. Where no delivery date is specified, the Company will deliver the Product within thirty (30) days of the conclusion of the Terms and Conditions of Sale at the latest.
If delivery is not made within the timeframe indicated by the Company, the Customer may, after formally requiring the Company to deliver, cancel the order by recorded delivery letter or in writing on another durable medium.
The contract is considered cancelled upon the Company’s receipt of the recorded delivery letter notifying cancellation, unless delivery has taken place in the meantime.
Article -12- Delivery Terms
Delivery is made to the address provided by the Customer when placing the Order. The Company may contact the Customer to verify the accuracy of their details.
If delivery cannot be completed due to an error in the information provided by the Customer, the cost of re-delivery will be charged to the Customer. In this case, the Company cannot be held responsible for any resulting delay in delivery.
Delivery is carried out by a carrier and handover takes place in accordance with the carrier’s specific terms.
Delivery is deemed completed upon physical handover of the Products to the Customer by the carrier. The delivery note provided by the carrier, dated and signed by the Customer at the time of delivery, will serve as evidence of transport and delivery.
It is the Customer’s responsibility to check the condition of the delivered Product in the presence of the delivery person and, in the event of damage or missing items, to note reservations on the delivery note and, if appropriate, to refuse the Product and notify the Company.
Article -13- Liability and Legal Warranties
The Company is fully liable to the Customer for the proper fulfilment of the obligations arising from the Terms and Conditions of Sale entered into at a distance, whether those obligations are fulfilled by the Company itself or by other service providers, in particular carriers, without prejudice to the Company’s right of recourse against them.
However, the Company may be exonerated from all or part of its liability by providing proof that the non-performance or improper performance of the Terms and Conditions of Sale is attributable to the Customer, to the unforeseeable and unavoidable act of a third party to the contract, or to a case of force majeure.
Where the Product presents either a lack of conformity or a hidden defect, the European Customer may choose between the legal guarantee of conformity (a), provided for in articles L 217-4 to L 217-14 of the French Consumer Code, and the guarantee against hidden defects in the item sold (b), provided for in article 1641 et seq. of the French Civil Code.
a) Legal guarantee of conformity (EU):
The Company sells products in France and Europe and is therefore liable for any lack of conformity existing prior to the purchase of the Products sold, under the conditions of article L. 217-4 et seq. of the French Consumer Code.
This warranty does not cover damage, breakage or malfunctions resulting from failure to follow the instructions for use.
Defects and deterioration of delivered Products resulting from abnormal storage and/or preservation conditions on the Customer’s part, including any accident of any nature, will not give rise to the warranty owed by the Company.
When invoking the legal guarantee of conformity, the Customer:
– has two (2) years from the date of delivery of the goods to take action;
– may choose between repair or replacement of the goods, subject to the cost conditions set out in article L. 217-9 of the Consumer Code;
– is exempt from proving the existence of the lack of conformity for twenty-four (24) months from the date of delivery of the goods.
b) Legal guarantee against hidden defects
The Company is liable for hidden defects in the item sold — defects which render it unfit for its intended use, or which diminish that use so significantly that the Customer would not have purchased it, or would have paid a lower price, had they been aware of them — under the conditions provided for in articles 1641 et seq. of the French Civil Code.
This warranty does not cover damage, breakage or malfunctions resulting from failure to follow the instructions for use.
Defects and deterioration of delivered Products resulting from abnormal storage and/or preservation conditions on the Customer’s part, including any accident of any nature, will not give rise to the warranty owed by the Company.
When invoking the legal guarantee against hidden defects, the Customer:
– has two (2) years to take action from the date of discovery of the hidden defect.
– may choose between cancellation of the sale involving a refund and return of the Product(s), or a reduction in the sale price in accordance with article 1642-1 of the Civil Code.
– must provide proof of the hidden defect.
If the item is defective or damaged upon receipt of the Product, the Customer may choose between replacement of the Product at no additional cost or a full refund of the purchase price.
To benefit from a full refund or replacement of the defective or damaged Product, the Customer must send their request to contact@aferiy.fr with the duly completed form attached, along with one or more photographs of the defective Product evidencing the facts.
This form is available at the following link: Refund Request
Depending on the Customer’s address, the time required to receive the replacement Product may vary.
Products purchased in a sale or at a promotional price are refunded at the price paid by the Customer at the time of placing the Order on the Site. Amounts deducted at the time of purchase via a promotional code and/or a price reduction as part of a promotion will not be refunded.
Article -14- Force Majeure
In accordance with article 1218 of the French Civil Code, force majeure or fortuitous events are considered to be events beyond the control of the parties, which they could not reasonably have been expected to foresee, and which they could not reasonably have avoided or overcome, insofar as their occurrence makes it totally impossible to fulfil the obligations.
The occurrence of a force majeure event will automatically suspend performance of the Order.
After a period of ninety (90) calendar days, if the parties find that the force majeure event persists, the Order may be cancelled by either party and the sales contract terminated. To this end, the more diligent party must send the other a recorded delivery letter with acknowledgement of receipt giving notice of termination of the said sales contract.
The effective date of termination will be the date of first delivery of the letter. In this scenario, neither party may claim damages, unless otherwise agreed by both parties.
Article -15- Intellectual Property
All texts, comments, works, illustrations and images, whether visual or audio, reproduced on the Site are protected under copyright law, trademark law, image rights and patent law. No one is authorised to reproduce, exploit, redistribute or use in any way, even partially, any elements of the Site. All simple or hypertext links are strictly prohibited without the express written consent of the Company. In all cases, any link, even if tacitly authorised, must be removed upon simple request by the Company.
Only private use of the Site is authorised, subject to any different or more restrictive provisions of applicable Intellectual Property law.
Any total or partial reproduction of the Company’s catalogue is strictly prohibited. Any other use constitutes an infringement punishable under Intellectual Property law, unless prior authorisation has been obtained.
Article -16- Personal Data Processing
The Company collects Customer data:
a) for the purpose of processing and tracking the Customer’s Order on its Site; (and/or)
b) for the purpose of contacting the Customer about various events relating to the Company, including in particular Product updates and customer relationship management; (and/or)
c) for the purpose of gathering information enabling us to improve the Site and our Products (including through the use of cookies).
The data collected is processed by the Site’s contractual service providers responsible for the packaging and distribution of ordered Products, as well as by the hosting provider Shopify Inc., whose servers are secured and protected by a firewall.
The data collected is retained by the Company only for the time corresponding to the purposes of collection set out above, and which shall in no case exceed five (5) years.
In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, known as the General Data Protection Regulation (GDPR), the Customer has the right of access, modification, rectification, deletion or objection on legitimate grounds regarding their data.
The Customer may exercise their rights by email at contact@aferiy.fr
Article -17- Comments and Other User Submissions
If the Customer sends ideas, suggestions, or other content, whether online, by email, by post, or otherwise (collectively, “comments”), at the Company’s request or not, the Customer grants the Company the right, at any time and without restriction, to edit, copy, publish, distribute, translate and otherwise use in any medium any comments they send.
The Company is not and shall not be obliged to (1) maintain the confidentiality of comments; (2) pay any compensation to anyone for comments provided; (3) respond to comments.
The Company may monitor, modify or remove content that it considers, in its sole discretion, to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene or criminally reprehensible, or which infringes any intellectual property rights or these Terms and Conditions of Sale.
The Customer undertakes to write comments that do not infringe the rights of third parties, including copyrights, trademarks, confidentiality, personality rights, or other personal or property rights. The Customer undertakes not to include in their comments any illegal, defamatory, offensive or obscene content, and that they will not contain computer viruses or other malicious software that could affect the operation of the Site or associated websites. The Customer undertakes not to use a false email address, impersonate another person, or attempt to mislead the Company and/or third parties as to the origin of their comments.
The Customer is entirely responsible for their published comments and their accuracy. The Company assumes no responsibility and disclaims all liability for comments published by the Customer or any third party.
Article -18- Applicable Law and Dispute Resolution
These Terms and Conditions of Sale are governed by French law.
The Site reserves the right to pursue criminal proceedings against any attempt at fraudulent purchase or purchase with a prohibited, blocked, stolen or forged bank card. In this context, no attempt at amicable settlement will be accepted.
Should any clause of these Terms and Conditions of Sale become null and void, this shall not affect the validity of the remaining provisions and shall not release the Customer from their contractual obligations.
Indemnification
You agree to defend, indemnify and hold harmless the Company, its affiliated companies, officers, subsidiaries, affiliates, successors, assigns, directors, agents, service providers, legal counsel, suppliers and employees, from and against any claim or demand, including reasonable legal fees and court costs, made by any third party due to or arising out of your use of the website or our products and services, your breach of the terms, or your breach of any of your representations, warranties and obligations hereunder.
Domestic or cross-border disputes arising in connection with the validity, interpretation, performance or non-performance, interruption or termination of this contract may be referred to mediation at the Customer’s request.
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage, a mediator accredited by the Consumer Mediation Evaluation and Control Commission (CECMC), is appointed as Consumer Mediator to facilitate the resolution of disputes between the Company and its Customers, for a period of three (3) years from [01/05/2019].
The European Commission website describes the mediation process used and enables Customers to submit an online mediation request together with supporting documents.
A dispute may not be examined by the Mediator if:
– the Customer cannot demonstrate that they have previously attempted to resolve their dispute directly with the Company by means of a written complaint,
– the request is manifestly unfounded or vexatious,
– the dispute has previously been examined or is currently being examined by another mediator or by a court,
– the consumer submitted their request to the mediator more than one year after making their written complaint to the Company,
– the dispute falls outside the mediator’s jurisdiction.
Mediation is free of charge for the Customer. Should the Customer engage a solicitor, a third party of their choice, or an expert to represent them at any stage of the mediation, they will bear those costs alone.
The Mediator may not receive instructions from the parties nor be remunerated based on the outcome.
Participation in mediation does not exclude the possibility of bringing proceedings before a court. The parties remain free to submit their dispute to a judge under the applicable legal provisions. In the event of court proceedings, jurisdiction is attributed to the competent French court.
The Site reserves the right to pursue criminal proceedings against any attempt at fraudulent purchase or purchase with a prohibited or blocked bank card, or stolen or forged cheque. In this context, no attempt at amicable settlement will be accepted.
Should any clause of these Terms and Conditions of Sale become null and void, this shall not affect the validity of the remaining provisions and shall not release the Customer from their contractual obligations.
