Terms of Sales
General Conditions of Sale defining the terms of purchase of products on the website "https://korporeal.net" - Updated on 05/10/2021
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Article 1 – Scope
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These general conditions of sale apply, without restriction or reserve to all sales concluded by Agentiv (hereinafter "the Seller") with non-professional consumers and buyers (hereinafter "Customers or the Customer"), wishing to acquire the products offered for sale by the Seller (hereinafter "Products") on the website "https://korporeal.net.
They specify in particular the conditions of ordering, payment, delivery and management of any returns of the Products ordered by the Customers.
These General Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
The buyer declares to have read these general conditions of sale and to have accepted them before his immediate purchase or the placing of his order. In this respect, they are enforceable against it in accordance with the terms of article 1119 of the Civil Code.
ARTICLE 2 – Pre-contractual information – Customer acceptance – Modification of the General Conditions of Sale
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The fact for a natural (or legal) person to order on the website "https://korporeal.net" implies full and complete acceptance and acceptance of these General Conditions of Sale and obligation to pay for the Products ordered, which is expressly recognized by the Customer.
The General Conditions of Sale are accessible at any time on the website "https://korporeal.net". Consequently, the Customer acknowledges having received them prior to placing the order.
These General Terms and Conditions of Sale shall prevail, where applicable, over any other version or any other contradictory document.
The validation of the order by the Customer implies acceptance without restriction or reservation of these General Conditions of Sale.
These General Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the website on the date of placing the order.
The Seller reserves the right, at any time, to modify the stipulations of these general conditions of sale.
This change cannot apply to current orders.
The version applicable to the Customer's purchase is the one in force on the website at the time the latter accepts the General Conditions of Sale when placing his order.
This version of the general conditions of sale may not be subject to subsequent modification.
ARTICLE 3 – Legal capacity
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The Site is accessible to any natural or legal person with full legal capacity to engage under these general conditions. A natural or legal person who does not have full legal capacity can only access the Site with the consent of their legal representative.
The Customer acknowledges having the capacity required to contract and acquire the Products offered on the website "https://korporeal.net".
ARTICLE 4 – Products offered for sale
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The Products offered for sale on the website "https://korporeal.net" are medical illustrations on any medium
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 website "https://korporeal.net".
The Customer is required to read it before placing an order. The choice and purchase of a Product are the sole responsibility of the Customer.
The photographs and graphics presented on the website "https://korporeal.net" are not contractual and cannot engage the responsibility of the Seller.
The Customer is required to refer to the description of each Product in order to know its properties, the essential particularities and the delivery times, as well as, in the event of continuous or periodic supply of a good, the minimum duration of the proposed contract.
The contractual information is presented in French and is subject to confirmation at the latest when the order is validated by the Customer.
ARTICLE 5 – Duration of validity of the Product offer
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Product offers are within the limits of available stocks, as specified when placing the order.
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ARTICLE 6 – Contact details of the Seller and the host
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The Seller's contact details are as follows:
AGENTIV Company
Commercial name: Korpo Real
SASU with capital of €20,000
Head office: 1 allée Limayrac, building B, 31500 Toulouse
RCS TOULOUSE 887 832 400
SIRET: 88,783,240,000,014
VAT: FR14887832400
Telephone: 07 84 94 55 25
Email: contact@korporeal.net
The contact details of the host of the website "https://korporeal.net" are as follows:
SARL Alwaysdata
Head office: 91 rue du Faubourg Saint-Honoré, 75008 Paris
RCS TOULOUSE 492 893 490
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ARTICLE 7 – Orders
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7.1. Create an account
The Customer can place an order by creating an account.
If he wishes to create an account by registering on the site "https://korporeal.net", the Customer must complete the form provided for this purpose.
Registration automatically leads to the opening of an account in the Customer's name (hereinafter the "Account") which allows him to manage his purchases.
The Customer must provide all the information indicated as "compulsory". Any incomplete registration will not be validated.
The Customer guarantees that all the information he gives in the registration form is accurate. He undertakes to update this information in his Account in the event of changes (in particular: change of postal address), so that it is always accurate.
The Customer can access their Account at any time after identifying themselves using their login ID and password.
The Customer undertakes to personally use his Account and not to allow any third party to use it in his place or on his behalf, except to bear full responsibility.
The Client must immediately contact AGENTIV at the contact details mentioned in Article 6 hereof if he notices that his Account has been used without his knowledge. It gives all rights and all powers to AGENTIV to take all appropriate measures in such cases.
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7.2. Placing the order
It is up to the Customer to select on the website "https://korporeal.net" the Products he wishes to order, according to the following terms.
To place an order, the Customer must select the Product of his choice and place it in his basket.
He can access the summary of his basket at any time as long as the order is not definitively validated and can correct any errors in the items entered, add quantities of the selected Product or possibly enter a promotional code.
If the Customer has an Account and is connected to it, he can go directly to the step of choosing billing and delivery addresses.
The Customer finalizes his order by clicking on "basket" then on "order".
The Customer has the possibility to check the details of his order, its total price and to correct any errors before confirming his acceptance. It is his responsibility to verify the accuracy of the order and to immediately report or rectify any errors.
The registration of an order on the website "https://korporeal.net" is made when the Customer accepts these General Conditions of Sale by ticking the box provided for this purpose and validates his order. This validation implies the acceptance of all of these General Conditions of Sale as well as the general conditions of use of the website "https://korporeal.net".
The sale is only final after the Seller has sent the Customer confirmation of acceptance of the order by e-mail, which must be sent without delay and after receipt by the latter of the full price.
Any order placed, validated by the Customer and confirmed by the Seller, under the conditions and according to the methods described above, on the website "https://korporeal.net" constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
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.
The Customer will be able to follow the progress of his order on the website " https://korporeal.net ".
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7.3. Changing the order
7.3.1. Modification of orders recorded during the presale period from June 05, 2021 to October 31, 2021
Any changes to the order by the Customer can only be taken into account by the Seller within the limits of its possibilities and provided that they are notified by email to the address "contact@korporeal.net" to the Seller no later than September 30, 2021.
In the event that these modifications cannot be accepted by the Seller, any sums paid when the Customer places the order will be returned to him within a maximum period of thirty (30) days from the notification of the impossibility of accepting the modifications requested by the Customer (unless the latter prefers to benefit from a credit note).
7.3.2. Modification of orders recorded from November 1, 2021
Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be modified.
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7.4. Cancellation of the order
7.4.1. Cancellation of orders registered during the presale period from June 5, 2021 to October 31, 2021
Orders may be canceled by the Customer without exercising the right of withdrawal or in the event of force majeure no later than September 30, 2021, at no cost to the Customer.
In the event of cancellation of the order by the Customer from October 1, 2021, for any reason whatsoever and past the period of the right of withdrawal or force majeure, the price paid for the order, as defined in the article " Terms of payment " of these General Conditions of Sale will be automatically acquired by the Seller and cannot give rise to any refund.
7.4.2. Cancellation of orders registered from November 1, 2021
Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be canceled, except for the exercise of the right of withdrawal or in cases of force majeure.
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7.5. Deletion of an account by the Customer
The Customer has the option of deleting his customer account at any time, except when an order is being processed.
To do this, the Customer must send an email to the Seller at the email address "contact@korporeal.net" using the contact form present for this purpose on the site "https://korporeal.net".
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7.6. Blocking or deletion of a user account by the Seller
The Seller reserves the right, at any time, to block or delete the account of a User Client if the latter violates the legislation in force, the rights of a third party or in the event of fraudulent use of the services offered by KORPO REAL in particular.
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7.7. Made-to-order product that is no longer in stock
If a Product is out of stock, the Seller undertakes to inform the Customer as soon as possible.
In this case, the Customer has the option of canceling the order.
The Seller must reimburse the Customer within a maximum period of 14 days from this cancellation.
ARTICLE 8 – Rates
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The Products are supplied at the current prices appearing on the website "https://korporeal.net" when the order is registered by the Seller.
The prices are expressed in Euros (€), excluding tax (HT) and all taxes included (TTC).
The prices take into account any reductions that may be granted by the Seller on the website "https://korporeal.net".
These prices are firm and non-revisable during their period of validity, as indicated on the website "https://korporeal.net", the Seller reserves the right, outside this period of validity, to modify the prices at any time.
These prices do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the website "https://korporeal.net" and calculated prior to placing the order.
If the Customer requests a faster or more expensive shipping method than standard shipping, the additional delivery costs, as they appear at the time of validation of the order by the Customer, are entirely at his expense.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
If one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change may be passed on to the selling price of the products.
ARTICLE 9 – Terms of payment
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The price is payable in cash, in full on the day the order is placed by the Customer by means of secure payment, according to the following terms:
- by bank card: bank card, Visa, Mastercard, American Express, other bank cards;
- Wire Transfer ;
- by cheque.
Payment by credit card is irrevocable, except in the case of fraudulent use of the card. In this case, the Customer may request the cancellation of the payment and the return of the corresponding sums.
Payment data is exchanged in encrypted mode using the " Stripe " system (https://stripe.com).
Payments made by the Customer will only be considered final after effective collection of the sums due by the Seller.
In addition, the Seller reserves the right, in the event of non-compliance with the payment conditions listed above, to suspend or cancel the delivery of orders in progress made by the Customer.
No additional costs, higher than the costs borne by the Seller for the use of a means of payment, may be invoiced to the Customer.
ARTICLE 10 – Deliveries
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The Products ordered by the Customer will be delivered in mainland France within fifteen (15) working days from the order to the address indicated by the Customer when ordering on the website "https://korporeal.net".
Delivery is constituted by the transfer to the Customer of physical possession or control of the Product.
The Products are delivered to the address indicated by the Customer on the order form, the Customer must ensure its accuracy.
Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the Customer's expense. The Customer may, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
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 have the products ordered by the Customer delivered within the deadlines specified above.
In the event of the Seller's failure to deliver the product no later than thirty (30) days after the conclusion of the contract, the Customer may terminate the contract, by registered letter with acknowledgment of receipt or in writing on another durable medium, if, after having ordered, under the same terms, the Seller to make the delivery or provide the service within a reasonable additional period, the latter has not complied within this period.
The contract is considered resolved upon receipt by the Seller of the letter or writing informing it of this resolution, unless the Seller has performed in the meantime.
The Customer may immediately terminate the contract when the Seller refuses to deliver the goods or to provide the service or when he does not perform his obligation to deliver the goods or to provide the service on the date or on the expiry of the period provided for in paragraphs 1 and 2 of article 10 of the General Conditions of Sale and that this date or this period constitutes for the consumer an essential condition of the contract.
This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request from the Customer before the conclusion of the contract.
The sums paid by the Customer will then be returned to him no later than fourteen (14) days following the date of termination of the contract, excluding any compensation or deduction.
The Seller undertakes to deliver a Product that complies with the contract and the description.
In the event of non-conformity of the Product delivered, the Seller undertakes to remedy it or to reimburse the Customer, as indicated in the article - "Seller's Liability - Warranty". The Seller bears the transport risks and is required to reimburse the Customer in the event of damage caused during transport.
However, the Seller may exonerate himself from all or part of his liability, by providing proof that the non-performance or poor performance of the contract is attributable either to the consumer, or to the unforeseeable and insurmountable fact of a third party to the contract, or to a case of force majeure.
Deliveries are made by an independent carrier, to the address mentioned by the Customer when ordering and to which the carrier can easily access.
When the Customer has himself taken charge of using a carrier that he chooses himself, the delivery is deemed to have been made as soon as the Products ordered by the Seller have been handed over to the carrier when he has handed over the Products sold to the carrier who has accepted them without reservation. The Customer therefore acknowledges that it is up to the carrier to make the delivery and has no warranty claim against the Seller in the event of non-delivery of the goods transported.
When the Customer entrusts the delivery of the Product to a carrier other than that proposed by the Seller, the risk of loss or damage to the Product is transferred to the Customer upon delivery of the Product transported.
In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the related costs will be the subject of additional specific invoicing, on an estimate previously accepted in writing by the Customer.
The Customer is required to check the condition of the products delivered.
Upon delivery of the Product, the Customer must, as far as possible, ensure the condition of the package and the contents. If the package or the Product is damaged or does not correspond to what was ordered, the Customer may note reservations on the delivery note, or refuse delivery.
In the event that the Customer expresses reservations on the delivery note, the latter must return the Product to the Seller at the latest within 14 days of receipt of the Product.
The Seller will refund, exchange or repair as soon as possible and at the latest within 14 days of receipt of the Product by the Seller and at his expense the Product(s) delivered damaged during transport or which do not comply with the order during delivery, duly proven by the Customer and under the conditions provided for in articles L 217-4 and following of the Consumer Code and those provided for in these General Conditions of Sale.
The Seller will also reimburse the Customer for the cost of return.
ARTICLE 11 – Transfer of ownership – Transfer of risks
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The transfer of ownership of the Seller's Products to the Customer will be made upon acceptance of the order by the Seller, materializing the agreement of the parties on the thing and on the price, regardless of the date of payment and delivery.
Whatever the date of transfer of ownership of the Products, the transfer of risks of loss and deterioration relating thereto to the benefit of the Customer will only be realized when the latter takes physical possession of the Products.
The Products therefore travel at the Seller's risk and peril, except in the event that the Customer is responsible for using a carrier of his choice.
ARTICLE 12 – Right of withdrawal
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In accordance with the legal provisions in force, the Customer has a period of fourteen days from receipt of the Product to exercise his right of withdrawal from the Seller, without having to justify reasons or to pay a penalty, for the purpose of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within fourteen (14) days of notification to the Seller of the Customer's decision to withdraw.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be put back on the market in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products are not taken back, refunded or exchanged.
The right of withdrawal can be exercised online, using the withdrawal form available on the website "https://korporeal.net", in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the Customer by the Seller, or any other declaration, unambiguous, expressing the will to withdraw.
In the event of exercise of the right of withdrawal within the aforementioned period, only the price of the Product(s) purchased and the initial delivery costs are reimbursed; the return costs remain the responsibility of the Customer.
The refund will be made within fourteen (14) days of notification to the Seller of the withdrawal decision.
The Seller may defer reimbursement until the product is recovered or until the Customer has provided proof of shipment of the Product.
ARTICLE 13 – Legal liability of the Seller – Guarantee
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The Products sold on the website "https://korporeal.net" comply with the regulations in force in France and have performances compatible with non-professional uses.
The Products supplied by the Seller benefit automatically and without additional payment, independently of the right of withdrawal, in accordance with the legal provisions,
· the legal guarantee of conformity, for Products that appear to be defective, spoiled or damaged or that do not correspond to the order,
· the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and rendering them unfit for use, under the conditions and according to the methods defined in the appendix to these General Conditions of Sale.
It is reminded that within the framework of the legal guarantee of conformity, the Customer:
· benefits from a period of two years from the delivery of the goods to act against the Seller;
· can choose between repairing or replacing the Product ordered, subject to the cost conditions provided for in Article L 217-9 of the Consumer Code;
· is exempted from providing proof of the existence of the lack of conformity of the goods during the twenty-four months following the delivery of the goods.
The Customer may decide to implement the guarantee against hidden defects in accordance with 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.
The Seller will reimburse, replace or have repaired the Products or parts under warranty deemed non-compliant or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate and return costs will be reimbursed on presentation of receipts.
Reimbursements for Products deemed non-compliant or defective will be made as soon as possible and at the latest within fourteen (14) days following the Seller's finding of the lack of conformity or the hidden defect.
Reimbursement will be made by crediting the Customer's bank account or by bank check addressed to the Customer.
The responsibility of the Seller cannot be engaged in the following cases:
· non-compliance with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to verify;
· in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.
The Seller's warranty is, in any event, limited to the replacement or reimbursement of non-compliant Products or Products affected by a defect.
ARTICLE 14 – Protection of personal data
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The Seller declares to be in compliance with Law 78-17 of January 6, 1978 amended by Law No. 2018-493 of June 20, 2018.
To this end, it is recalled that the personal data requested from the Customer is necessary for the processing of his order, the implementation of the general conditions of sale, and the establishment of invoices, in particular.
By accepting the general conditions of sale, the Customer expressly consents to the collection and processing of this data.
A record of processing activities is kept by the Seller.
The Seller notably reserves the right to collect data on the Customer through the use of cookies in order to improve the personalized service intended for the Internet user.
The data collected may be communicated to any partners of the Seller responsible for the execution, processing, management and payment of orders.
They are kept for a maximum period of 5 years from the end of the contractual relationship.
The processing of information communicated through the website "https://korporeal.net" meets the legal requirements for the protection of personal data, the information system used ensuring optimal protection of this data.
The Customer has, in accordance with the national and European regulations in force, a right of permanent access, modification, rectification, deletion, opposition to portability and limitation of processing, the right to be forgotten with regard to information concerning him.
This right can be exercised under the conditions and according to the methods defined on the website "https://korporeal.net".
ARTICLE 15 – Intellectual property
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The content of the "https://korporeal.net" website is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting.
All the products offered for sale by the AGENTIV Company consist of original works benefiting from copyright protection.
As such, the Customer is informed that the purchase of one of these products does not entail the transfer of copyright, including in particular the right to reproduce these works without the express prior authorization of AGENTIV.
The Customer must respect the intellectual property rights and copyrights attached to these works, failing which his liability could be incurred for acts of counterfeiting.
ARTICLE 16 – Force majeure
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The Parties cannot be held liable if the non-execution or the delay in the execution of any of their obligations, as described herein, results from a case of force majeure, within the meaning of article 1218 of the Civil Code.
ARTICLE 17 – Applicable law – Language – severability clause
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These General Terms and Conditions of Sale and the resulting transactions are governed by French law.
They are written in French. In the event that they are translated into one or more languages, only the French text shall prevail in the event of a dispute.
If one or more clauses were declared unwritten or abusive, the validity of all of these general conditions of sale would not be called into question and would remain applicable.
ARTICLE 18 – Disputes
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All disputes to which the purchase and sale transactions concluded pursuant to these general conditions of sale could give rise, concerning their validity, interpretation, execution, termination, consequences and consequences will first be the subject of a prior attempt at amicable resolution between the parties, in particular by means of a complaint that the customer may bring to the seller's attention.
If this amicable resolution fails, the Customer is informed that he has the option of having recourse, free of charge, to consumer mediation, in accordance with articles L 151-1 and following of the Consumer Code.
The seller guarantees the customer the effective use of a consumer mediation system.
Recourse to this conventional mediation can be made in particular with SAS MÉDIATION – VIVONS MEUX ENSEMBLE, whose contact details are as follows:
Website: https://www.mediation-vivons-mieux-ensemble.fr/
Postal address: 465 avenue de la Liberation, 54000 Nancy
Email: mediation@vivons-mieux-ensemble.fr
If the amicable phase has failed, all disputes arising from the execution of the General Conditions of Sale will be brought before the competent courts under the conditions of common law.
General conditions of sale dated June 1, 2021
APPENDIX 1 – Provisions relating to legal warranties
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Article L 217-4 of the Consumer Code
The seller delivers a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.
Article L 217-5 of the Consumer Code
The property is in accordance with the contract:
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if it is specific to the use usually expected of a similar good and, where applicable:
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if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
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if it has 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.
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or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted.
Article L 217-12 of the Consumer Code
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L 217-16 of the Consumer Code
When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, for a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.
Article 1641 of the Civil Code
The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lower price for it, if he had known of them.
Article 1644 of the Civil Code
In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price returned, or keeping the thing and having part of the price returned.
Article 1648 para. 1st of the Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
APPENDIX 2 – Withdrawal form
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This form must be completed and returned only if the Customer wishes to withdraw from the order placed on "https://korporeal.net" except for exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.