General conditions of sale and use online
Article 1 - Designation of the seller / company
This site https://online.k-mart.fr is published by:
The company OCEAN BLEU F&C, SAS with capital of 10,000 Euros, whose registered office is at 9-11 bis rue Robert De Flers, 75015 Paris RCS de Paris, number 808 663 652, intra-community VAT number FR 16808663652.
- site customer service: firstname.lastname@example.org 01.40.59.42.72;
- after-sales service: email@example.com 01.40.59.42.72;
- site host: Shopify.com, Shopify International Ltd., c / o Intertrust Ireland, 2nd Floor 1-2 Victoria Buildings, Haddington Road, Dublin 4, D04 XN32, Ireland.
- manager of the website Hyowon Kim.
Article 2- General provisions relating to these general terms of sale (hereinafter the Terms and conditions)
2. 1. Purpose of the Terms and conditions
The T&Cs are applicable exclusively to the online sale of OCEAN BLEU F&C products on the site https://online.k-mart.fr, (hereinafter the site) including catering products, Butcher's, fresh food products, frozen food products, drinks , alcohol, exotic food or non-food products.
Access is free and open to all Internet users.
2. 2. Scope of the Terms and conditions
The T&Cs exclusively govern the online sales contracts of OCEAN BLEU F&C products (hereinafter "professional seller") to buyers having the status of consumers (hereinafter "consumers") and together with the online order constitute the contractual documents. opposable to the parties, to the exclusion of all other documents, prospectuses, catalogs or photographs of the products which are only indicative.
The T&Cs are exclusively applicable to products delivered to consumers established in mainland France.
The T&Cs are written in French as well as all the contractual information mentioned on the site which can also be written in Korean.
2. 3. Availability and enforceability of the Terms and conditions
The T & Cs are made available to consumers on the seller's site where they can be viewed directly and can also be communicated to him by email on request by telephone, email or post.
The T&Cs are enforceable against the consumer who acknowledges, by checking a box provided for this purpose, to have been aware of and accepted them before placing an order.
The validation of the order by its confirmation implies acceptance by the buyer of the T&Cs in force on the day of the order, the conservation and reproduction of which are ensured by the professional seller in accordance with article 1127-2 of the civil code.
2. 4. Modification of the T&Cs
The professional seller reserves the right to modify its T & Cs at any time.
In the event of modification of the T&Cs, the applicable T&Cs are those in force on the date of the order, a copy of which dated to date can be given to the consumer at his request.
2. 5. Clauses of the T&Cs
The nullity of a contractual clause does not entail the nullity of the T&Cs, except if it is an impulsive and decisive clause that led one of the parties to conclude the sales contract.
The temporary or permanent non-application of one or more clauses of the T&Cs by the professional seller can not constitute a waiver on his part of the other clauses of the T&Cs which continue to produce their effects.
Article 3- Products
3. 1. Features
The products offered for sale presented in the catalog published on the site are each subject to an optional but recommended description (established by the supplier or accessible on the manufacturer's site by a link on its logo) mentioning their characteristics. essential within the meaning of Article L. 111-1 of the Consumer Code.
The photographs illustrating the products do not constitute a contractual document.
3. 2. Instructions for use
The method of use of the product, if it is an essential element, is mentioned in the electronic catalog or at the latest on delivery.
3. 3. Compliance
The products comply with the regulations in force relating to the safety and health of persons, the fairness of commercial transactions and the protection of consumers when they are placed on the market.
The products comply with the requirements of French law in force at the time of their placing on the market.
3. 4. Availability of stocks
The products are offered and delivered within the limits of available stocks.
In case of unavailability of the ordered product, the seller immediately informs the buyer and can offer him a product of equivalent quality and price or, failing that, a purchase voucher for the amount of the order usable for very next order.
If the buyer disagrees, the seller reimburses the sums paid within three months.
Apart from reimbursement of the price of the unavailable product, the seller is not liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to him.Article 4- Price
4. 1. Sale price
The selling prices, in accordance with Article L. 112-1 of the Consumer Code, are indicated, for each of the products appearing in the electronic catalog, in euros all taxes included, excluding delivery and transport costs mentioned before validation. of the order and invoiced additionally.
The total amount owed by the consumer is indicated on the order confirmation page.
The selling price of the product is that in force on the day of the order.
The selling price of the products does not include the shipping costs invoiced in addition to the price.
In the event of price promotion, the professional seller undertakes to apply the promotional price to any order placed during the period of advertising made for the promotion.
For butchers' products, the price of which cannot be reasonably calculated in advance due to their nature, the price calculation method is set according to market fluctuations.
4. 2. Modification
The professional seller reserves the right to modify its prices at any time, while guaranteeing the consumer the application of the price in force on the day of the order.
4. 3. Costs
Article L. 112-3 of the Consumer Code:
“When the price cannot be reasonably calculated in advance due to the nature of the good or the service, the professional provides the method of calculating the price and, if applicable, all additional costs of transport, delivery or postage and all other possible costs.
When the additional costs cannot reasonably be calculated in advance, the professional mentions that they may be payable. "
Article L. 112-4 of the Consumer Code:
“In the case of an open-ended contract or a contract with a subscription, the total price includes the total costs incurred for each billing period. When such contracts are billed at a fixed rate, the total price also includes the total monthly costs.
When the total cost cannot be reasonably calculated in advance, the price calculation method is communicated. "
Article 5- Offer
5. 1. Domain
The online sales offers presented on the site are reserved for consumers residing in France in the area indicated in these T&Cs in its article 9.4.
5. 2. Duration
The online sales offers presented on the site are valid, in the absence of a specific duration indication, as long as the products appear in the electronic catalog and within the limits of available stocks.
5. 3. Acceptance
The acceptance of the offer by the consumer is validated, in accordance with the double click process, by the confirmation of the order.
Article 6- Order
6. 1. Stages of conclusion of the contract
To place an order, the consumer, after having filled his virtual basket indicating the selected products and the desired quantities, then clicks on the “Order” button and provides information relating to delivery and the method of payment.
Before clicking on the button "Confirm order", the consumer has the possibility to check the details of his order and its total price and to return to the previous pages to correct any errors or possibly modify his order.
Confirmation of the order implies acceptance of the T&Cs and forms the contract.
An email acknowledging receipt of the order and its payment is sent by the seller as soon as possible.
6. 2. Order modification
Any modification of an order by the consumer after confirmation of his order is subject to acceptance by the professional seller.
The professional seller reserves the right to make changes to the product ordered which are linked to technical development under the conditions provided for in Article R. 212-4 of the Consumer Code.
6. 3. Confirmation of the order
The professional seller reserves the right to refuse any order for legitimate reasons and more particularly if the quantities of products ordered are abnormally high for buyers having the status of consumers.
Article 7- Contract
7. 1. Conclusion
The sales contract is formed when the consumer sends the confirmation of his order.
7. 2. Archiving and proof
The archiving of communications, purchase orders and invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with article 1360 of the civil code. These communications, purchase orders and invoices can be produced as proof of the contract.
7. 3. Resolution
The order can be resolved by the buyer by registered letter with acknowledgment of receipt or by writing on another durable medium in the event of:
- - delivery of a product that does not conform to the declared characteristics of the product;
- - discount exceeding the deadline set in the order form or, failing such a date, within thirty days of the conclusion of the contract, after the seller has been ordered, under the same terms and without result, d '' make delivery within a reasonable additional time;
- - a price increase which is not justified by a technical modification of the product imposed by the public authorities.
- In all these cases, the buyer can demand the reimbursement of the price paid plus interest calculated at the legal rate from the date of receipt of the price.
- The order can be resolved by the seller in the event of:
- - refusal of the buyer to withdraw the product;
- - non-payment of the price (or the balance of the price) at the time of the order or delivery.
In all these cases, the price paid to the order remains acquired by the seller as compensation.
Article 8- Payment
8. 1. Payability
The price is payable in full after confirmation of the order.
Payment is made when ordering.
The price is payable in cash, in full, on the day the order is placed by the Customer, by the various secure payment methods, by bank cards or various payment methods accepted by the stripe.com payment host, namely :
- American Express (Switzerland)
- Amex Express Checkout
- Apple Pay on the Web
- BECS Direct Debit (Australia)
- Bank cards
- EPS Public Beta
- Google pay
- Klarna Public Beta
- Multibanco Public Beta
- SEPA Direct Debit
- Visa Checkout
8. 2. Additional payment
Article L. 121-17 of the Consumer Code:
“Prior to the conclusion of a contract of sale or provision of services, the professional ensures the express consent of the consumer for any additional payment in addition to the price of the main object of the contract.
In the event that the additional payment results from the consumer's consent given by default, that is to say in the absence of express opposition on his part to paying options that he has not requested, the consumer can claim reimbursement of the sums paid for this additional payment. "
8. 3. Late payment
Any sum not paid on the due date is productive, without formal notice, of a cancellation of the order.
8. 4. Default of payment
The seller reserves the right, when the agreed price is not paid on the due date, either to request the execution of the sale, or to terminate the contract by simple registered letter with request for acknowledgment of receipt and to keep , as compensation, the price paid on order.
8. 5. Retention of title clause
The seller remains the owner of the products sold until full payment of the price and the buyer undertakes, as long as the property is not transferred to him, to take all the necessary precautions for the good conservation of the products.
Article 9- Delivery
9. 1. Definition
Delivery means the transfer to the consumer of physical possession or control of the good.
9. 2. Delivery time
The professional seller undertakes, in accordance with the delivery deadline indicated on the site for each of the products, to deliver the products within a reasonable time depending on the geographical area concerned.
9. 3. Delay in delivery
When the ordered product is not delivered or the service is not provided on the date or at the expiration of the period mentioned on the order form, the consumer may, after having unsuccessfully enjoined the seller to perform his obligation to delivery within a reasonable additional time, terminate the contract by registered letter with acknowledgment of receipt or in writing on another durable medium.
9. 4. Place and dates of delivery
The products are delivered to the address indicated by the customer on the order form within the limits of the following geographical area:
Paris (75), 92300 (Levallois Peret), 92220 (Neuilly sur seine), 92100 (Boulogne Billancourt), 92130 (Issy les Moulineaux), 92710 (Vanve), 92240 (Malakoff), 92110 (Clichy-sur-Seine) 92120 (Montrouge);
In France (excluding Corsica and DOM-TOMs).
Delivery takes place on working days.
9. 5. Delivery rates
The delivery costs are the responsibility of the Customer. Delivery rates vary depending on the order area, the type of basket and the amount of the purchase (excluding delivery costs).
Paris and Ile de France zone
The areas covered are as follows:
- Paris (75)
- 92300 (Levallois Peret)
- 92220 (Neuilly sur Seine)
- 92100 (Boulogne Billancourt)
- 92130 (Issy les Moulineaux)
- 92710 (Vanve)
- 92240 (Malakoff)
- 92110 (Clichy-sur-Seine)
- 92120 (Montrouge).
Regardless of the above sector concerned and the type of package, delivery costs amount to 18 Euros for a minimum of 50 Euros order.
Metropolitan France zone
All mainland France not covered by the previous article is covered.
Three categories of products are distinguished: dry products, fresh products, and frozen products. Depending on the products ordered, the separate delivery rates relate to one or more of the three categories that will be delivered and invoiced by and for the responsible department:
Dry products - Chrono13
Fresh products - Chrono Fresh
Frozen products - Chrono Freeze
The prices, set according to the weight of the package, are presented as follows:
9. 7. Product conformity
If the product does not comply with the order, the consumer must send a complaint to the professional seller with a view to obtaining the replacement of the product or possibly the resolution of the sale.
9. 8. Unavailability of products
In the event of unavailability of products on delivery, the professional seller may offer, under the conditions provided for in article 3-4 of the T&Cs, a product equivalent in terms of quality and price.
9. 9. Failure to deliver
The total lack of delivery entails the automatic termination of the sales contract.
9. 10. Delivery and transfer of risk
The risk of loss or damage to goods is transferred to the consumer at the time he takes, or a third party he has designated, physically possession of the goods, without distinction according to its nature.
The product, which is delivered to the consumer by a carrier chosen by the seller, travels at the risk and peril of the seller.
The product, which is delivered to the consumer by a carrier chosen by him, travels at the risk and peril of the consumer from the delivery of the goods to the carrier.
9. 11. Transfer of ownership
From the delivery date indicated in the order form, ownership of the product is transferred to the buyer, except in the case where full payment of the price has not been cashed when ordering (see article 5-5 CGV).
Article 10- Legal guarantee of conformity and guarantee of hidden defects
10. 1. Consumer information
Article L. 211-2 of the Consumer Code:
“The general conditions of sale applicable to consumer contracts mention:
1/ According to the terms set by order of the Minister responsible for the economy, the existence, the conditions of implementation and the content of the legal guarantee of conformity and of the guarantee relating to the defects of the thing sold, due by the seller ;
2/ Where applicable, the existence of a commercial guarantee and after-sales service. "
All products supplied by the seller benefit from the legal guarantee of conformity provided for in Articles L. 217-4 et seq. Of the Consumer Code or the guarantee against hidden defects provided for in Articles 1641 to 1649 of the Civil Code.
Regardless of any commercial guarantee granted, the seller is liable for any lack of conformity of the goods covered by the contract under the conditions of Article L. 217-4 et seq. Of the Consumer Code and for hidden defects of the item sold in the conditions provided for in articles 1641 and following of the civil code.
10. 2. Implementation of the guarantee of conformity
Article L. 217-4 of the Consumer Code:
The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
It is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to it by the contract or has been carried out under its responsibility.
Article L. 217-5 of the Consumer Code:
To comply with the contract, the good must:
1/ Be suitable for the use usually expected of a similar good and, if applicable:
- correspond to the description given by the seller and have the qualities that the latter presented to the buyer in the form of a sample or model;
- have the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2/ Or have the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L. 217-12 of the Consumer Code:
“Action resulting from lack of conformity lapses two years after delivery of the goods. "
When acting as a legal guarantee of conformity, the consumer:
- has a period of two years from the delivery of the goods to act;
- may choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
- is exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four months following delivery of the goods.
10. 3. Implementation of the warranty against hidden defects
Article 1641 of the Civil Code:
"The seller is bound by the warranty for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have given a lower price, if he had known them. "
Article 1648 of the Civil Code:
“The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. "
The consumer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code. In this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the civil code.
Article 11 - Complaints
Claims made under guarantees must be sent by email to the after-sales service (OCEAN BLEU F&C 9-11 bis rue Robert De Flers, 75015 Paris, firstname.lastname@example.org, 01.40.59.42.72).
The products covered by the guarantees must be returned new, complete and in their original condition and packaging after receipt and confirmation of the claim by the after-sales service.
Article 12- Clauses on guarantees
12. 1. Exemption clause
The clauses exonerating or limiting the rights granted to consumers under legal guarantees, which are deemed unwritten when they are concluded before any complaint on his part, are valid when they are concluded after a complaint under article L. 241-5 of the Consumer Code.
Article 13- Liability
13. 1. Disclaimer
The professional seller cannot be held liable in the event of non-performance or poor performance of the contract due either to the buyer's fault, or to the insurmountable and unforeseeable fact of a third party to the contract, or to force majeure.
13. 2. Product safety fault
In the event of damage caused by a defect in the safety of the product, the consumer should seek the liability of the manufacturer identifiable from the information mentioned on the packaging of the product.
13. 3. Penalty clause
In all cases of non-performance of its obligations by the consumer, the price paid to the order remains acquired by the professional seller as compensation.
Article 14 Termination clause
The cancellation of the order in the cases provided for in these T&Cs will be pronounced by simple registered letter with acknowledgment of receipt or by electronic letter and will be acquired by operation of law without legal formalities.
Article 15 Right of withdrawal
Article L. 221-5 of the Consumer Code requires prior information on the conditions, timeframe and procedures for exercising the right of withdrawal and communication of the standard withdrawal form, a model of which is proposed in the appendix to Articles R. 121-21 and R. 121-23 of the Consumer Code.
The conditions, time and procedures for exercising the right of withdrawal are set by Article L. 221-5 of the Consumer Code and Articles L. 221-18 et seq. Of the Consumer Code.
The information mentioned in 2o, 3o and 4o of Article L. 221-5 may be provided by means of the standard information notice appended to Article R. 221-3 of the Consumer Code.
In application of Article L. 221-28 of the Consumer Code, the customer is informed that the right of withdrawal cannot be exercised for certain contracts.
15. 1. Conditions, deadline and modalities of exercise
If you sign the contract, you will have the right to withdraw, without giving any reason, within fourteen days.
The withdrawal period expires fourteen days after the day on which the contract is concluded.
To exercise the right of withdrawal, you must notify us:
- your name, your geographic address and, when available, your telephone number, your fax number and your e-mail address;
- as well as your decision to withdraw from the contract by means of an unambiguous declaration (for example, letter sent by post, fax or e-mail as soon as these contact details are available and therefore appear on the standard form for withdrawal).
In order for the fourteen-day withdrawal period to be respected, it is sufficient that you send your communication relating to the exercise of the right of withdrawal before the expiry of this period. In all cases, the burden of proof for this exercise lies with the client.
Pursuant to Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised in particular for the following contracts:
Supply of goods or services whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period
Supply of goods liable to deteriorate or expire rapidly;
The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection
Supply of goods which, after having been delivered and by their nature, are inseparably mixed with other articles;
Supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional.
15. 2. Effects
In the event of your withdrawal from the contract, we will reimburse you for all payments received from you, without undue delay and, in any event, no later than fourteen days from the day on which we are informed of your decision to withdraw from the contract. eventual contract.
We would process the refund using the same payment method you would use for the original transaction. With your express consent, another means can be used. In any case, this reimbursement would not incur costs for you.
In the event of withdrawal by the customer, the latter must return the goods to K Mart Beaugrenelle, 9-11 bis rue Robert De Flers, 75015 Paris) without undue delay and, in any event, no later than fourteen days after that the customer has communicated to the recipient indicated on the withdrawal form his decision to withdraw from the possible contract. This period is deemed to have been met if the customer returns the goods in the order before the expiry of the fourteen day period.
In the event of withdrawal by the customer, the latter must bear the direct costs of returning the goods.
The company may defer reimbursement until receipt of the item (s) of the order, or until the customer has provided proof of shipment of this (or these) item (s), the date selected being that of the first of these facts.
Article 16- Protection for alcohol consumption and minors
The consumption of alcoholic beverages during pregnancy can have serious consequences for the health of the child.
The sale of alcohol is prohibited to minors under the age of 18.
Alcohol abuse is dangerous for health. You are encouraged to consume in moderation.
Pursuant to article L.3342-1 of the Public Health Code prohibiting the sale of alcohol to minors under eighteen (18) years old, the customer agrees by validating his order to be eighteen years completed on the date of the order.
The company reserves the right to refuse the purchase request or to terminate the contract if it notes that when ordering the consumer does not meet the aforementioned conditions and that he does not justify a consent of the legal representative. .
Article 17- Intellectual property
The elements reproduced on this site online.k-mart.fr, which are the exclusive property of the publisher, are protected by copyright, trademark law and patent law.
Any reproduction and any distribution of these elements, without the prior written authorization of the publisher, expose the offenders to legal proceedings.
Article 18- Processing of personal data
The computerized processing of the personal data collected is intended to manage orders and personal accounts. The site is required to ask you directly for the following personal data concerning you: First name, last name, email address, password, personal address, billing address, telephone number. This information will be collected by the company.
This data may be communicated to any partners of the Seller responsible for the execution, processing, management and payment of orders.
In accordance with the Data Protection Act, you have a right of access, rectification and, subject to the legal provisions applicable to the matter, deletion of data concerning you, the data controller being the customer service OCEAN BLEU HOLDING , 9-11 bis rue Robert De Flers, 75015 Paris.
If you have previously accepted it, you will be able to receive marketing emails or SMS from K MART which you can unsubscribe from, for emails, by clicking on the unsubscribe link at the bottom of each email received and for SMS by clicking on STOP in each SMS received.
It is also specified that the customer who does not wish to be the subject of commercial prospecting by telephone can register for free on the Bloctel opposition list on the bloctel.gouv.fr site.
If you do not want your contact details to be used for commercial purposes, please inform the department responsible for processing.
If you do not wish your contact details to be transmitted to third parties, please inform the data controller: email@example.com 01.40.59.42.72.
The processing of personal data, which are kept by the publisher for the sole purpose of good administration of orders and commercial relations, is declared to the National Commission for Information Technology and Freedoms.
The consumer has at any time a right to access, modify, rectify and delete personal data concerning him.
Article 19. Prior complaint
In the event of a dispute, you must first contact the company's customer service at 01.40.59.42.72 (non-surcharged number from a landline in mainland France), Monday to Friday except public holidays or non-working days, from 10 a.m. to 8 p.m., or by email (firstname.lastname@example.org) or post to (K MART Beaugrenelle, 9-11 bis rue Robert De Flers, 75015 Paris).
Article 20- Competent court
In the absence of an amicable agreement, you can go to court for any dispute relating to the existence, interpretation, conclusion, execution or termination of the contract as well as all the documents related to this contract.
Any dispute resulting from the formation, interpretation or execution of this Contract will fall under the exclusive jurisdiction of the courts within the jurisdiction of Paris, notwithstanding multiple defendants or warranty claims.
Article 21- Applicable law
This contract and the T&Cs governing it are subject to French law.