Terms Of Sales

The following sales terms are contracted on the one hand between the company KALYS whose offices are registered at 216 impasse du Teura, 38190 Bernin (France), a company registered in the commercial register of Roubaix under 384 599 932, hereforth named "Kalys Gastronomie" and on the other the customer or client purchasing on the website "Kalys Gastronomie" named here after "the buyer".

• Article 1 : Object
• Article 2 : Products and services for sale
• Article 3 : pricing and taxes
• Article 4 : availability of goods / services
• Article 5 : Contract
• Article 6 : right of retraction
• Article 7 : payment terms
• Article 8 : Shipping And Handling
• Article 9 : Guaranties and returns
• Article 10 : Liability and limitation to responsibility in mail order sales process
• Article 11 : intellectual property
• Article 12 : Personal data
• Article 13 : Archive storage – Proof
• Article 14 : governing laws

Article 1 : Object

The sales terms define under contract the exchange terms and all inferred terms between Kalys Gastronomie and the buyer on the website " Kalys Gastronomie" named hereafter "the website" irrespective of the professional or private status of the buyer.

The buyer uses this site on the understanding that she or he accepts the following terms and conditions. The purchase of goods or services from the site implies a total acceptance of the buyer of these sales terms. These sales terms overrule any other general or particular sales terms that have not been expressly agreed upon by Kalys Gastronomie apart from national [French] and international legislation appropriate to this sector..

Kalys Gastronomie has the right to modify at any time these sales terms without prior notice. In this case the applicable terms will be those in force on the day the buyer placed her or his order.

Article 2 : Products and services for sale

Products and services for sale are listed in the catalogue published online on Kalys Gastronomie website. Photographs, pictures, illustrations and descriptions are given in good faith but cannot be considered to be exact representations of the products or services. Slight differences between the product shipped and that illustrated may occur and cannot from justification for a claim of compensation nor revision or beach of the contract.

Article 3 : pricing and taxes

3.1 General pricing

Prices in this catalogue are inclusive of VAT (value added tax), expressed in Euro currency, the VAT applicable in France on the ordering day. Any changes to VAT will lead to a revaluation of prices of products and services in parallel to information publicised on the website. Following article 1 of these sales terms, Kalys Ggastronomie can modify its prices at any time without prior notice. However the price indicated on the catalogue on the day of order prevails for the buyer.

3.2 Errors in pricing

Exceptionally, a few prices may be erroneous. To avoid any damage to the buyer, Kalys Gastronomie verifies all prices before shipping. If the price is lower than the one expected, Kalys Gastronomie informs the client of the rebate and sends the article. If the price is higher than expected, Kalys will inform the buyer and offer her (him) the choice either to cancel the order or to accept the new price. Pricing includes post and packing.

Article 4 : availability of goods / services

Kalys Gastronomie cannot and shall not provide more information regarding availability of products or services. If the buyer pays by bank cheque, her (his) order will be processed only after reception of the cheque and the delivery period will be based on this datealbeit all good will to maintain sufficient stock of all articles, a product were out of stock, Kalys gastronomie will inform the buyer by email or telephone asap. If Kalys gastronomie cannot deliver a similar product or service for the same price, the buyer is free to cancel her / his order.

Article 5 : Contract

5.1 Conditions for placing an order

The buyer declares to be adult under the laws of her (his) country and permitted by law or authorized by parents to place an order on the website. All orders placed on the website are supposedly aimed at household use or research or small scale use and testing by professionals. If confronted with extravagant or seemingly abusive orders, Kalys Gastronomie reserves itself the right to refuse the order. To place an order the buyer must

• Complete the registration form to the minimal level of detail indicated and/or submit her (his) client number when registered
• Fill in the order form online giving all the references of products or services purchased
• Verify the order and validate it
• Proceed to payment following terms defined in the order
• Confirm the order and accept payment

Confirmation of order implies full acceptance of the present salesterms without any reservations, the recognition that the buyer is fully aware of this and renounces any form of right to refer to any other terms of sales. If the buyer is not the end user, the terms of sales for her (his) order overrule any others. The data supplied to place the order online are proof of the acceptance of the terms prevailing for this purchase. Confirmation is considered equivalent to a signature stipulating acceptance of the operations underway.

Kalys Gastronomie communicates electronically or by standard mail or by phone confirmation of the order made to the address supplied by the buyer. Kalys gastronomie is not responsible for typing errors or recording mistakes due to the buyer.

5.2 Conclusion of the contract

Kalys Gastronomie will advise the buyer electronically or by mail that the goods have been dispatched. This notification is proof of acceptance by Kalys Gastronomie of the order placed by the buyer and therefore establishes the sales contract between Kalys Gastronomie and the buyer. These steps leading to conclusion of the contract are strictly the same irrelevant of the purchasing process on the website.

Article 6 : right of retraction

Following articles L. 121-16 and following ones of the French “Code de la consommation”, the buyers, whether physical or moral persons, are allowed a seven (7) day period to retract from the contract after reception of the goods, to send the goods back to the seller, for an exchange or refund without any further cost than return shipping costs. Products must be sent back in their original packaging without any change to the integrity of the goods (pots still sealed).

Article 7 : payment terms

Price is fixed during order processing. Payment is to be done by cheque or credit card.

Article 8 : Shipping And Handling

8.1 Process

Shipment of goods are done to the address supplied in the order form. The buyer assumes all risks once they have left Kalys Gastronomie’s warehouse. If any damage occurred to the goods during shipping, a funded protest should be addressed to the courier within 3 days of reception. Unless presented with such a document, Kalys declines all responsibility regarding shipping and will not be liable for any damage unless expressly accepted otherwise by Kalys gastronomie.

The orders will be managed within 48h (2 working days). The products in stock will be shipped without any further delay. In case of temporary unavailability of the ordered products, the customer will be informed by email within 2 days. Kalys is not responsible of the delivery time depending on the transport conditions.

8.2 Reserves on property

Goods delivered are the sole property of Kalys gastronomy until the buyer has fulfilled all her (his) obligations towards Kalys gastronomie more particularly until complete payment of the sum(s) due, including interest if pending.

Article 9 : Guaranties and returns

All products sold by the vendor are covered by the legal guarantee as stipulated in articles 1641 and following of the French Civil Code. If a product was not conform to its general description, it may be returned by the buyer to the vendor that accepts to replace or refund it. Kalys gastronomie declines any responsibility for minor differences between photographs, article descriptions or technical sheets published on the website and the essential characteristics of the real product. All reclaims, requests for exchange, information, or refund should be addressed to : Kalys Gastronomie, Customer service (SAV), 216 impasse du Teura 38190 Bernin, France within 30 days of the delivery date.

Article 10 : Liability and limitation to responsibility in mail order sales process

Kalys Gastronomie is only bound by an obligation regarding means. In no event shall Kalys Gastronomie be liable for any direct, indirect, special, or consequential damages, or any other damages whatsoever, for any use of or reliance on this Web site, any materials contained therein, or any linked or referenced Web site, including, without limitation, loss of data, intrusion, virus transmission, service rupture, unwanted messages from other companies, any lost opportunity, lost profits, business interruption, loss of programs or data, even if expressly advised of or otherwise aware of the possibility of such damages, whether in an action of contract, negligence, tort, or otherwise. In line with CNIL recommendations (Commission Nationale Informatique et Liberté) Kalys Gastronomie will withhold all personal confidential data collected during the functioning of the website.

1° if unable to fulfil its contracted obligations due to an incidental cause or in case of an act of God (force majeure) as defined by French jurisprudence or EU jurisdiction following the definition most favourable to the buyer; 2° in case of damage resulting in loss of profits, commercial losses, data loss, potential market loss even if legitimate, withdrawn contracts or any other form of liability that were unpredictable during the use of the site or the definitive conclusion to the contract. Kalys gastronomie is however still responsible :

1. for any direct damage that was predictable during the use of the site or during conclusion of the sales contract between the buyer and Kalys Gastronomie;
2. In case of a theft or a serious mistake done by an employee of Kalys Gastronomie
3. in case of corporal damage linked to a product default

Article 11 : intellectual property

11.1 Website material and publications by Kalys Gastronomie

All the material on the website and publications by Kalys Gastronomie are and remain the exclusive intellectual property of Kalys Gastronomie. This includes but is not restricted to by the current clauses on property : pictures, logos, texts, animation and all other similar objects coming under property and copyrights regarding edition and distribution. Users and visitors to the website only receive a right to visit the pages and under no circumstances may download, copy or modify parts of the material without expressed written authorisation by Kalys Gastronomie. This right does not allow in any way a user to refer to this site to sell or engage in any form of commercial activity. It is strictly forbidden to reproduce, exploit, redistribute o- reuse for any purpose whatsoever even as small excerpts any material from the website be they software, text, image, visual or sound (are also covered for reference sound recordings, graphics and drawings, photographs, tools). Kalys Gastronomie authorises users of the site, non exclusively and revocably to create a hypertext link to the home page of the website and only this page, under the sole formal condition that this link cannot be used against Kalys Gastronomie or their partners, their products or services to relay false information, unlawfully denigrate or attack them, nor lead to a moral or material prejudice to Kalys Gastronomie or their partners. the creation of the hyperlink can be in no way under Kalys Gastronomie cannot endorse responsibility for other contents than those on Kalys Gastronomie site. Any reference or use of the Kalys Gastronomie’s logo, trademarks, graphics, or explicit or implicit elements leading to identification of Kalys Gastronomie in the hypertext link to Kalys Gastronomie requires Kalys Gastronomie’s formal written authorisation. The Site may contain hyperlinks to other Web sites controlled by parties other than Kalys gastronomie. Kalys gastronomie is not responsible for and does not necessarily endorse the contents of these Web sites.

11.2 Publications addressed to Kalys Gastronomie

Kalys Gastronomie welcomes comments by the website users and the buyers and invites them to submit their suggestions, remarks, criticism, and all general comments as long as their contents are neither illegal, defamatory, obscene, menacing, abusive, grievous, injurious, in breach of IP or leading to prejudice to third parties and do not contain viruses, manifests of political nor religious material, commercial solicitations, mass mailing, web chains or any other form of material admittedly “spam”.

Users of the website, buyers and their corespondents are aware that the use of false email addresses, borrowed identities, especially an identity belonging to an existing person or moral entity, as well as the lies regarding the contents of such addresses are illegal and constitute infractions to the laws in force. Kalys Gastronomie exercises the right to correct, modify or withdraw as pleases the contents of any message addressed them. Anyone sending to Kalys Gastronomie some material, whatever the material may be, and whatever the software or hardware used for transmission, is considered to offer for this material the irrevocable, non exclusive copyrights (for their full legal duration) free of any charge, to use this material however it pleases Kalys Gastronomie i.e. to publish, to modify, to truncate, to translate, to reproduce the contents in any place and on any media. Kalys Gastronomie will always mention the legal name or given name as handed over by the contents’ sender on all material and media using the contents. Kalys Gastronomie will always verify the sender’s rights to the material are funded before exploitation, diffusion or communication of the contents and the name of the sender. For any contents not explicitly mentioning one or several names as the authors of the contents in part or wholly, the sender guarantees to be the author or to exerce legal rights on the copyrights regarding the contents. The sender guarantees that on the date of sending, the contents and material are exact, true, and conform to alinea 1 of the present article. The sender guarantees that exploitation, diffusion or communication of the given contents do not breach the law in force on the day of sending and does not infringe third parties rights.

Article 12 : Personal data

Following French law on databases and individual liberty (loi relative à l'informatique, aux fichiers et aux libertés du 6 janvier 1978), personal individual’s data may be processed automatically. Under no circumstances shall the contents be handed over to third parties apart from public authorities exercising their legal rights and that have petitioned to do so. The buyer may refuse the publishing of personal data simply by posting the request to Kalys Gastronomie. The users and buyers of the site have a right to access and correct all their data stored following French law (loi du 6 janvier 1978) and CNIL recommendations .

The user may exercise this right to access and correct his data by writing to Kalys Gastronomie, 216 impasse du Teura 38190 Bernin, France or to gastronomie@kalys.com.

Article 13 : Archive storage – Proof

Kalys Gastronomie stores orders and invoices on a durable and safe media as required by French Civil Code article 1348. Electronic files stored by Kalys Gastronomie are allegedly accepted by all parties as a simplified proof of exchanges, orders and payments and other transactions between the parties.

Article 14 : governing laws

These terms and conditions are governed by the laws in force in Paris, France. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction and to French laws and rules of European legislation as enforced immediately in French law. Competence is attributed to the appropriate Courts of Paris, however many defendants or the nature of the appeal. If a buyer or pursuer wished to seize another court or jurisdiction, he must inform Kalys Gastronomie immediately