Terms of Sales

Effective February 29, 2024,

SCOPE

These General Conditions of Sale (known as “CGV”) apply, without restriction or reservation to all sales concluded by the Seller to non-professional and professional buyers (“The Customers or the Customer”), wishing to acquire the products offered for sale (“The Products”) by the Seller on the site www.ekces.com. The Products offered for sale on the site are as follows:
Ekces champagne gun; CO2 cartridges.


The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the site www.ekces.com, which the customer is required to read before ordering.
The choice and purchase of a Product are the sole responsibility of the Customer.
Product offers are within the limits of available stocks, as specified when placing the order.


These General Terms and Conditions are accessible at any time on the website www.ekces.com and will take precedence over any other document. Unless otherwise stated, all Terms and Conditions that are not marked “Consumer Orders Only” or “Professional Orders Only” apply to both Consumer Orders and Professional Orders. The Customer declares to have read these General Terms and Conditions and to have accepted them by checking the box provided for this purpose before implementing the online ordering procedure on the site www.ekces.com.


Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer. The Seller's contact details are as follows:


SAS Ekces with share capital of €1000
953 119 435 RCS Bordeaux
36 rue Lucien Faure, appt B72, 33300 BORDEAUX
contact@ekces.com
07 50 82 44 11

PRICE

The Products are supplied at the current prices appearing on the site www.ekces.com, when the order is registered by the Seller.
Prices are expressed in Euros, excluding tax and including tax. The prices take into account any reductions that may be granted by the Seller on the site www.ekces.com.
The price does not include processing, shipping and delivery charges.
The payment requested from the Customer corresponds to the total amount of the purchase. An invoice is established by the Seller and given to the Customer upon delivery of the Products ordered.

ORDER

It is up to the Customer to select the Products he wishes to order on the site www.ekces.com, according to the following terms:
Product offers are valid as long as they are visible on the site, while stocks last.
The sale will only be considered valid after full payment of the price. It is the Customer's responsibility to verify the accuracy of the order and to immediately report any errors.
Any order placed on the site www.ekces.com constitutes the formation of a contract concluded remotely between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

CUSTOMER ACCOUNT

In order to place an order, the Customer is invited to create an account (personal space).
To do so, he must register by completing the form which will be offered to him at the time of his order and undertakes to provide sincere and accurate information concerning his marital status and his contact details, in particular his email address.
The Customer is responsible for updating the information provided. He is informed that he can modify them by logging into his account.
To access their personal space and order history, the Customer must identify themselves using their username and password chosen by them during registration and which are strictly personal. As such, the Client refrains from any disclosure. Otherwise, he will remain solely responsible for the use made of it.
The Customer may also request unsubscription by sending an email to: contact@ekces.com. This will be effective within a reasonable time.
In the event of non-compliance with the general conditions of sale and/or use, the site www.ekces.com will have the possibility of suspending or even closing a customer's account after formal notice sent electronically and remaining without effect. within two weeks.
Any account deletion, whatever the reason, results in the pure and simple deletion of all the Customer's personal information.
Any event due to a fortuitous event or caused by a third party, resulting in a malfunction of the site or server and subject to any interruption or modification in the event of maintenance, does not engage the responsibility of the Seller.
The creation of the account entails acceptance of these general conditions of sale.

PAYMENT TERMS

The price is paid by secure payment method, according to the following terms:

  • Payment by credit card
  • Payment by bank transfer to the Seller's bank account (the details of which are communicated to the Customer when placing the order)

The price is payable in cash by the Customer, in full on the day the order is taken. The Seller has the right to refuse partial payment.
Payment data is exchanged in encrypted mode using the protocol defined by the approved payment provider involved in banking transactions carried out on the site www.ekces.com.
Payments made by the Customer will only be considered final after actual collection of the sums due by the Seller.
The Seller will not be required to deliver the Products ordered by the Customer if the Customer does not pay the price in full under the conditions indicated above.

DELIVERY

The Products ordered by the Customer will be delivered in mainland France and abroad.
Deliveries take place within 10 working days to the address indicated by the Customer when ordering on the site.
Delivery consists of the transfer to the Customer of physical possession or control of the Product. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the deadlines specified above. However, these deadlines are communicated for informational purposes only.
If the Products ordered have not been delivered within thirty days after the conclusion of the contract, for any reason other than a fortuitous event, the act of a third party or the act of the Customer, the sale may be canceled at the written request from the Customer under the conditions provided for in articles L. 216-6 to L. 216-8 and L. 241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of termination of the contract, excluding any compensation or withholding. In the event of a specific request from the Customer concerning the packaging or transport conditions of the products ordered, duly accepted in writing by the Seller, the related costs will be subject to additional specific invoicing, based on a quote previously accepted in writing by the Seller. Customer. The transfer of the risks of loss and deterioration relating thereto will only be carried out at the time when the Customer takes physical possession of the Products. The Seller bears the risks during delivery except when the Customer has chosen the carrier himself. As such, the risks are transferred when the goods are handed over to the carrier. The Customer is required to check the condition of the delivered products. In the event of acceptance without reservation, the Products will be deemed to be compliant and free from any apparent defect and no complaint can be validly accepted by the Seller.
The Seller will reimburse or replace as soon as possible and at its expense, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in articles L. 217-4 et seq. of the Consumer Code and those provided for in these General Terms and Conditions.

TRANSFER OF OWNERSHIP

The transfer of ownership of the Seller's Products will only be carried out after full payment of the price by the latter, regardless of the delivery date of said Products.

RIGHT TO RETRACT

Consumer orders only: The Customer has a period of fourteen days from the day after delivery of the Product to exercise his right of withdrawal. The refund is made by the Seller within fourteen days or after recovery of the goods.
The refund includes the sale and delivery price. The Customer bears the direct costs of return, as well as the additional costs of delivering the goods if the Customer has chosen a more expensive delivery method than that offered by the Seller. The right of withdrawal does not apply to sales of personalized Products. The products must be returned in their original condition and packaging, with a copy of the invoice or accompanying document sent if applicable. Any damaged product will not be returned, exchanged or refunded. Returned products will be subject to inspection by our quality control department. We may deduct from the refund any loss or reduction in the value of the Products if such loss or reduction in value is the result of unnecessary handling of the Products (for example, if you have handled the Products in a way that would not be acceptable to you). authorized in a store). You are solely responsible for any reduction in the value of the Products resulting from handling beyond what is reasonably necessary to establish the nature, characteristics and functioning of the Products. We will make any refund using the same payment method that the customer used for the initial transaction. It is not possible to make a refund to another card.

USE

Consumer orders only: Products purchased on the Site are exclusively reserved for personal and private use (which may include their use as gifts). In particular, it is prohibited to resell the products or use them for commercial or professional purposes. Professional orders only: You acknowledge that products purchased on the Site cannot be resold. Use of the Products is subject to obtaining a user license from the Seller.

LACK OF CONFORMITY AND HIDDEN DEFECT

In accordance with applicable regulations, we are required:

  • vis-à-vis “consumer” customers only (as this term is defined by the introductory article of the Consumer Code), defects in conformity of the products sold on the Site, and this under the conditions referred to in arts. L. 217-4 to L. 217-13 of the Consumer Code
  • hidden defects in products sold on the site “www.ekces.com”, under the conditions referred to in art. 1641 et seq. of the civil code.

Please contact us for any requests regarding the implementation of any of these guarantees.

INTELLECTUAL PROPERTY

The content of the site www.ekces.com is the property of the Seller and its partners and is protected by French laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.

APPLICABLE LAW – LANGUAGE

These General Terms and Conditions and the operations resulting from them are governed and subject to French law.
These General Terms and Conditions are written in French. In the event that they are translated into one or more foreign languages, only the French text will be authentic in the event of a dispute. DISPUTES For any complaints, please contact customer service at the Seller's postal or email address indicated in ARTICLE 1 of these General Terms and Conditions.

Professional orders only: Any dispute or claim relating to these General Conditions or to any contract relating to the Products (including in particular any dispute or claim relating to their validity, interpretation, execution, termination or consequences) will be subject to the exclusive jurisdiction of the Bordeaux Commercial Court.

Consumer orders only: you have the right to have free recourse to a consumer mediator with a view to amicably resolving the dispute.