The general terms that follow apply to all orders made by customers through our website. They have been updated as of 1st November 2019.
SECTION 1 – GENERAL TERMS OF SALE ONLINE – ACCEPTANCE OF TERMS
These General Terms of Sale (the “General Terms"), which define the rights and obligations of the parties of the distance sales contract, automatically apply to the contractual relationship between KORIUS, a simplified joint-stock company under French law with capital of 300,000 euros, whose head office is located at 13 bis rue Saint Honoré, 77300 Fontainebleau, registered in the MELUN Trade and Companies Register under No. 879 128 262 (hereafter referred to as “KORIUS”), and any Customer ordering Products (hereafter referred to as the “Customer”) on the Website www.excelsior-park.com (hereafter referred to as the “Website”). Any order placed through the Website entails the Customer’s full and unconditional acceptance of the General Terms. Accordingly, by placing an order, the Customer agrees to abide by these General Terms and declares that the Products ordered are not intended for professional use.
No specific term or condition other than those of KORIUS shall take precedence over these General Terms of Sale. Any conflicting clause will thus be non-binding, regardless of the time it may be brought to the attention of KORIUS.
Furthermore, KORIUS reserves the right to amend these General Terms at any time; however, such modifications can only apply to orders confirmed after these General Terms have been updated.
SECTION 2 – ORDERING PROCESS
Before placing an order, the Customer selects the desired Product. In so doing, the customer accepts the Product's specifications (particularly name, price, quantity, colour, specific details), which were sent to the Customer or appear on the Website.
The Customer must then enter specific personal data during the confirmation process that are necessary to ascertain his or her
identity. These data include: first and last names, billing address, delivery address if different from the billing address, email address and telephone number.
If the Customer so wishes, he or she can create an account on the Website in order to store his or her personal data for future purchases.
After ticking the box indicating that he or she has read and understood the General Terms, the Customer confirms the order and proceeds to pay the purchase price and shipping costs by selecting the payment method, which can be either PayPal or Credit Card.
A summary of the order will be provided to the Customer via his or her Customer account, if one exists, or by email after the order is confirmed. This confirmation email will also contain a copy of the General Terms in force, which the Customer must keep for reference.
If the Customer fails to abide by these General Terms, in particular regarding order payment, KORIUS reserves the right to suspend its services and, if necessary, suspend or terminate the Customer’s account. Prior to taking any measures to this effect, the Customer will receive notification from KORIUS as soon as possible, so that he or she can resolve the situation and dispute any claims made against him or her. Accordingly, KORIUS reserves the right to reject any order made by a Customer with whom such an unsettled dispute exists.
In accordance with Section 11 of the General Terms, the Customer has the right to access, correct and object to any data pertaining to him or her that is stored by KORIUS.
SECTION 3 – PRICES
The prices of the Products sold on the KORIUS Website are indicated in euros, including all taxes, and are subject to change during the year. It should be noted, however, that the Products are billed at the price in effect when the Customer confirms the order.
The shipping costs are quoted separately upon confirmation of the order, before payment, and are based on the delivery option selected and the ordered Product's weight and characteristics. These shipping
costs are thus billed in addition to the price of the Product(s) ordered, without exception, and are clearly stated.
For all Products delivered outside the European Union and outside French overseas departments and territories, KORIUS advises the Customer that customs duties or other local taxes, import duties or national taxes may be due insofar as the Customer is considered the importer of these Products. KORIUS is not liable for paying these duties and taxes. The Customer will be wholly responsible for such duties and taxes, both in terms of declarations and payments made to the appropriate authorities and government bodies of the importing country. KORIUS advises the Customer to obtain such information from the local authorities of the importing country.
SECTION 4 – TERMS OF PAYMENT
The price of the ordered products will be paid in cash before delivery by either a transfer via PayPal or by credit card at the time of the order via our secure payment system. The ordered Product(s) will be shipped after payment confirmation is received from the bank payment centres. If authorisation is refused, the Customer will be notified by email of the order's cancellation and the grounds therefor.
The Customer guarantees that he or she is fully authorised to use the credit card or PayPal account used to pay for the order.
For any order exceeding 500 euros, KORIUS reserves the right to verify the information provided to it and to request a copy of the buyer’s ID as well as proof of address. These measures enable us to effectively combat potentially fraudulent use of your credit card or PayPal account.
Acceptance of the Customer’s order by KORIUS is indicated by the order confirmation email that is sent to the Customer.
SECTION 5 – SHIPPING – AVAILABILITY
5.1 Product Availability
The Product offerings are valid as long as they appear on the Website, and as long as stocks last. If one of the Products is unavailable after the
Customer has confirmed the order, the Customer will be notified by email of the time estimated to restock the product so that he or she can, if necessary, cancel the order or place a new order. In any event, the Customer’s account will be credited the amount of the ordered but undelivered product within 10 days. The remainder of the order will be delivered under normal conditions, with the Customer having already agreed to a partial delivery.
5.2 Place of Delivery
Orders placed through our Website can be shipped anywhere in the world. All orders are shipped to the delivery address indicated at the time of placing the order or by default to the address indicated in the contact information section of the Customer's account. If the Customer has provided incorrect or insufficient contact information that results in the carrier returning the Product, it will be reshipped at the Customer’s expense.
5.3 Shipping Times
The shipping time specified in the order summary corresponds to the shipping time indicated in the Product sheet, plus the processing and handling time.
In the event that the delivery is made by a carrier requiring a scheduled appointment with the Customer, the carrier will contact the Customer as soon as possible to agree on a delivery time, which will be within a maximum of 30 days from the order confirmation date. KORIUS cannot be held liable for late deliveries due solely to the Customer's unavailability after multiple attempts by the carrier to schedule an appointment.
When the Customer orders multiple Products at the same time with different shipping times, the order's shipping time is calculated based on the longest product shipping time. However, KORIUS reserves the right to split shipments. Shipping and handling costs will only be charged for a single shipment.
If shipping is delayed, the Customer will be notified by email of any possible changes to the delivery time that was indicated initially.
In any event, should delivery be delayed, the Customer has the right to terminate the contract in accordance with legal provisions and under the terms and conditions set out in Section L 216-2 of the French Consumer Code.
The Customer is also invited to regularly check the order’s tracking status and contact the Customer Service Department if any question or problem arises.
SECTION 6 – RETENTION OF TITLE
KORIUS expressly reserves ownership of the Products delivered until payment in full of the agreed purchase price, plus interest if applicable. In the event of non-payment, KORIUS may reclaim the Products. The provisions above shall not prevent the transfer to the Customer, upon acceptance of delivery, of the risk of loss or damage to the Products or the damage that they could cause.
SECTION 7 – RIGHT TO CANCEL – RETURNS
7.1. Exercising the Right to Cancel
The Customer has the right to cancel the order within fourteen days without providing a reason after the Customer, takes physical possession of the Product(s).
In order to exercise the right to cancel, the Customer must send notification of his or her decision to cancel the order through an unambiguous statement (for example a letter sent by post, fax or email) to the following address: KORIUS, 13 bis rue Saint Honoré, 77300 Fontainebleau or firstname.lastname@example.org
The Customer can also use the cancellation letter template downloadable here. If the Customer selects this option, KORIUS will send an acknowledgement of receipt of the cancellation via a durable medium (by email).
If the Customer decides to exercise the right to cancel, he or she will have to return the Product in its original packaging and its original condition, accompanied by the delivery slip and/or the corresponding invoice within 14 calendar days from the date the return request was sent to KORIUS. The Customer is considered to have respected this period if he or she sends the goods before the fourteen-day period
expires. The returned Products will be sent at the Customer’s expense and risk. Products not accompanied by their original packaging or returned in a state unfit for resale may be rejected by our Returns Department and sent back to the Customer: in this case, no refund will be given.
Given the significant value of certain Products, the Customer is advised to insure the Products when returning them to KORIUS to ensure that they are properly safeguarded and maintained until received by KORIUS.
7.2. Refunds by KORIUS
Any Product returned by a means that does not comply with the provisions set out in the sections above may not be accepted by KORIUS. Accordingly, a refund may not be given or a claim may be made by KORIUS for monetary compensation in accordance with the ascertained harm or damage to the Product.
KORIUS will not provide a refund until the Products are received or the Customer provides proof that the goods have been shipped, whichever is the earliest.
In the event of a Customer cancellation that is accepted by KORIUS, KORIUS will refund all payments received, including shipping costs (except additional costs due to the Customer's decision to select a shipping method other than the least expensive standard shipping method proposed, where applicable), in a timely manner not exceeding fourteen days as from the day on which KORIUS is notified of the Customer's decision to cancel. KORIUS will provide a refund using the same payment method used by the Customer for the initial transaction; in any event, the Customer will not incur any costs due to the refund.
7.3. Products Excluded from the Right to Cancel
In accordance with the regulations in force, the right to cancel cannot be exercised for Products that have been personalised or created as per the Customer's own specifications or for goods unwrapped by the Customer which cannot be returned for hygienic or health reasons.
SECTION 8 – LEGAL WARRANTIES
Under the terms of the French garantie légale de conformité (legal warranty), the Customer:
- Benefits from a 12-month period as from the delivery of the goods during which he or she may take action against KORIUS;
- May choose between either repairing or replacing the Product, subject to the terms pertaining to cost set forth in Article L. 217-9 of the French Consumer Code;
Please note that the Customer may decide to invoke the warranty against hidden defects for the sold item as defined in Article 1641 of the French Civil Code and can choose between terminating the sale or receiving a discount in the sales price as per Article 1644 of the French Civil Code.
The provisions of this Section 8 do not prevent the Customer from exercising his or her right to cancel as set out in Section 7.
However, the Customer may not dispute its conformity by citing a defect that he or she knew about or could not have been unaware of when making the purchase (Article L.217-8 of the French Consumer Code): the Customer is thus advised to read the Product sheets attentively for the descriptions of all the Products, particularly used Products: any scratches, dents or imperfections are described in detail. Furthermore, since used goods are sometimes very old, and despite all the care taken by KORIUS prior to their delivery, the Customer accepts that frequent refurbishing or inspections may need to be performed.
In any case, in the absence of an observed failure or abnormal use of the Product (in particular, without this list being exhaustive: broken product, rust, use that does not comply with the manufacturer’s recommendations or the Product’s intended purpose), KORIUS will neither repair nor exchange the Product; furthermore, KORIUS is likely to charge for the labour costs incurred.
In accordance with the legal provisions concerning conformity and hidden defects, KORIUS will provide a refund or exchange Products that are defective or do not match their description. If the Customer requests a refund, he or she must contact the Website first via the
following email address and provide a detailed description of the reasons behind the request: email@example.com
If KORIUS decides to accept a return, the Products must be returned in the condition in which the Customer received them, in their original packaging and original condition, accompanied by the delivery slip and/or the corresponding invoice. The shipping costs will be refunded to the Customer based on the billed price, and the return costs will be refunded upon receiving verifiable receipts. Given the significant value of certain Products, the Customer is advised to insure the Products when returning them to KORIUS so that they are properly cared for and maintained until received by KORIUS.
In accordance with the Hamon Law of 17 March 2014, KORIUS also informs the Customer that spare parts for new items will be available for one year.
SECTION 9 – LIABILITY
It should be noted that the Website of KORIUS is intended for consumers and the Products sold are not designed for professional use. Accordingly, KORIUS cannot be held liable for any indirect or consequential damages due to the use or operation of the ordered Products. Furthermore, although the Products comply with French law, KORIUS cannot be held liable for non-compliance with legal provisions in the countries where the Products are delivered. The Customer is responsible for contacting the authorities of the importing country in order to ascertain whether the Product is authorised there.
In addition, KORIUS cannot be held liable for failing to fulfil the contract entered into due to (i) force majeure, as defined in Article 1218 of the French Civil Code, (ii) fault by the Customer, (iii) an unforeseen and insurmountable event affecting a third party to the contract, or (iv) the consequences resulting from improper use of the Products sold on the Website.
SECTION 10 – INTELLECTUAL PROPERTY
No element on the Website, in particular editorial and graphic content, photographs, logos and brands may be copied, reproduced, modified, downloaded, published, republished, transmitted or distributed in any
way, shape or form without prior written consent from KORIUS. Any unauthorised use of the elements appearing on this Website may constitute a violation of the regulations and laws governing copyrights, trademarks or any other applicable laws, and is subject to the penalties provided for in the applicable legislation.
SECTION 11 – PERSONAL DATA
The database containing data provided by the Customer has been declared and registered with the Commission Nationale de l'informatique et des libertés (French National Commission for Information Technology and Civil Liberties). In accordance with Law No. 78-17 of 6 January 1978, the Customer has the right to access, correct and object to all data pertaining to him or her and provided to KORIUS during fulfilment of the contract. The Customer may exercise these rights by contacting KORIUS by email at the following address: firstname.lastname@example.org.
In accordance with the regulations in force, the Customer’s request must be signed and accompanied by a photocopy of some acceptable form of identification carrying his or her signature, and indicate an address where the Customer can receive a response. An answer will then be sent within 2 months upon receiving the request.
In addition, if the Customer so wishes upon his or her registration, KORIUS will be able to:
- send its promotional offers and newsletters, although any other use by third parties is unauthorised;
- authorise the transmission of these personal data to our business partners.
As a rule, KORIUS will only use this information within the strict limits of processing the Customer’s orders and generating statistics aimed at improving its Website and the services offered.
SECTION 12 – PROOF
Unless the Customer provides evidence to the contrary, the automatic record-keeping systems of KORIUS are considered valid proof of the nature, content and date of the sales contract.
SECTION 13 – APPLICABLE LAW – DISPUTES – PROCESSING OF CLAIMS – MEDIATION
This contract is governed by French law. The language of this contract is French. In the event of a legal dispute, French courts shall have sole jurisdiction, subject to the constraints of the applicable legal provisions.
For any claims, please first contact the Customer Service Department at the following address: email@example.com.
In accordance with the rules applying to mediation, all consumer disputes must first be notified in writing to KORIUS Customer Service Department prior to any requests for mediation.
If the dispute persists, the consumer is entitled to the free use of a consumer mediator to reach an amicable settlement with the seller, in accordance with Order No. 2015-1033 of 20 August 2015 relative to the out-of-court settlement of consumer disputes. The consumer has one year to contact a mediator, starting from his or her written claim against the seller.
In this capacity, KORIUS offers the customer the possibility to use the mediation process available on the following website: http://www.medicys.fr/index.php/consommateurs/
In addition, the European Commission has created a dispute resolution platform aimed at receiving eventual claims from consumers following an online purchase in order to put them in contact with authorised national mediators.
This platform can be found at the following link: http://ec.europa.eu/consumers/odr/