Terms of Use

CONDITIONS OF USE OF KHEOOSMARKET.COM

VALID FROM  SEPTEMBER 1ST, 2019

kheoos (hereinafter "kheoos"), a simplified joint-stock company, with a share capital of € 150,000, registered in the Grenoble Trade and Companies Register under number 838 448 181, whose head office is 9 rue du Rocher de Lorzier, 38430 MOIRANS, FRANCE has designed and developed a community platform for the management of industrial maintenance parts available at www.kheoosMarket.com (hereinafter referred to as the "Platform").

Services (hereinafter "Services") offered by kheoos on the Platform are as follows :

       kheoosMarket (marketplace for sale of obsolete stocks)

       kheoosMatch (virtual catalog)

       kheeosPrice (price comparison)

       kheoosPool (virtual stock sharing)

       kheoosCast (probabilistic request)

These terms and conditions (hereinafter referred to as "Terms") are intended to define the terms and conditions under which the user acting for exclusively business purposes (hereinafter referred to as "User") will be able to access Services.

Conditions of Use & Sale are made accessible to each User during their first connection to the Platform for the creation of their account.

For any question relating to the Terms of Use, the User may contact kheoos as follows:

       By email address: info@kheoos.com

       By post: 9 rue du Rocher de Lorzier, 38430 Moirans, France

1     ACCEPTANCE AND OPPOSABILITY OF TERMS

At creation of his account, the User declares to have read these Conditions and to have accepted them, by ticking the box provided for this purpose. User recognizes that the registration, the creation of the account and the use of one Services imply full acceptance and compliance with these Conditions.

The User agrees to use the Platform in a fair manner, in accordance with its professional purpose, legal provisions, regulations, uses and these Conditions.

Conditions of Use & Sale can be consulted, downloaded and / or printed at any time to the direct link on the Platform's home page. They will prevail on any other version or any contradictory document.

The Conditions may be subject to subsequent modifications, the version applicable to the User is that in force on the Platform at the date of placing an order for Services or, for kheoosMarket, the use of the Service by the offer or purchase of products.

The fact that kheoos not to avail itself of one of the provisions of the Conditions of Use @ Sale at any given moment and / or occasion (s) cannot entail renunciation on his part to claim the benefit later.

2     CONDITIONS OF ACCESS TO SERVICES

2.1.1          USER ACCOUNT CREATION

To access the Services, the User must create a user account by providing all the information requested on the membership form, including his complete bank details, his VAT number, his telephone number, the name of his legal representative and that of the privileged contact to whom kheoos will address in priority.

The User receives a confirmation e-mail validating his registration and giving him access and the password that can be modified at the first login.

Each User has a personal account and personalized access.

Access to the account is made by entering a login ID and the associated password.

These identification elements (username and password) can be modified online by the User. It is personal, confidential, and non-transferable. The User is advised to change his password regularly

The User is fully and solely responsible for the conservation, confidentiality and use of his identifiers. The User assumes the consequences of any use of the Services via his identifiers.

In the same way, the User is solely responsible for any direct or indirect damage caused by the fact of inaccurate, incomplete and / or misleading information and content that he would provide on the Platform.

The communication between kheoos and the User is essentially done through electronic communication (e-mail, SMS, User Account on the Platform).

Thus, the user must monitor his account and the notifications he receives and respond, if any.

kheoos reserves the right, in its sole discretion, to refuse any application for registration on the Platform, after consulting the information provided by the User, particularly if the delivery address is incomplete, and / or the means of payment is not one of those accepted by the Platform.

2.2     ACCESS TO SERVICES - AVAILABILITY

Services are accessible under the conditions defined herein to any User with access to the Internet. All costs related to access to the Services, whether material costs, software or Internet access, are exclusively the responsibility of the User. He is solely responsible for the proper operation of his computer equipment.

For the Seller User, he is required to fulfill at his own expense the technical prerequisites that will be communicated to him during his membership.

kheoos undertakes to make its best efforts to ensure that access to Services is accessible 24 hours a day, 7 days a week, unless there is an interruption, scheduled or otherwise, for maintenance purposes in particular, or except in cases of force majeure or event not attributable to kheoos.

In such cases, the User may not claim any compensation or jeopardize the responsibility of kheoos for any reason whatsoever.

In case of interruption of access to Services for maintenance, kheoos will inform the User within a minimum of forty-eight (48) hours, by e-mail, to the address provided, in order to allow him to make arrangements to avoid disruption of his business.

kheoos undertakes to implement all the necessary means to ensure the functioning of Services.

In these circumstances, kheoos cannot be held responsible for any damage, whatever its nature, resulting from the unavailability of Services.

The internet network allowing access to the Services is chosen by the User who is solely responsible for it. Consequently, kheoos cannot be held responsible for any unavailability or slowdown in the use of Services. kheoos is not able to guarantee the continuity of the remote use of the Services, which the User acknowledges and accepts.

2.3     RIGHTS TO USE THE SERVICES

This right of use is personal, non-exclusive and non-transferable in whole or in part.

Nothing contained herein shall be construed as assigning or transferring to the User any or all of the intellectual property rights in the Services. These rights are and remain the full, entire and exclusive property of kheoos (and / or its licensors as the case may be).

In general, and without this list being considered exhaustive, the User agrees to:

       Not to reproduce, copy, transfer, transmit, summarize, integrate, alter, modify, move, remove, replace or respread, without the prior written consent of kheoos, permanently or temporarily, in any medium or in any manner either, all or part of the Services, the content, its components or constituent elements and / or editorial information contained in the Services (such as texts, articles or titles) and / or content (such as illustrations or photos) and / or the names, logos, trademarks and / or any other information or distinctive features relating to kheoos' rights in the Services;

       Not to sell, rent, sublicense or distribute in any way all or any of the Services;

       Not to extract or reuse, including for private purposes, a substantial part or not of the content of the Services;

       Inform kheoos as soon as he becomes aware of any illegal or improper use of all or part of the Services.

2.4     SUSPENDING OR DELETING THE USER ACCOUNT

The Services are subscribed for an indefinite period in the case of kheoosMarket; for the services kheoosPrice, kheoosCast or kheoosPool, a duration of one year renewable.

2.4.1          ON THE INITIATIVE OF KHEOOS

If kheoos is informed or considers that the content published by the User on the Platform or its use of the Services does not comply with the Conditions of Use & Sale or legal provisions, kheoos reserves the right to:

       Remove all or part of the disputed content;

       Suspend or terminate the provision and access to the Services to the User;

       Temporarily or permanently the account of the User.

after sending by e-mail or by post a formal notice that remains ineffective for a period of eight (8) days from its receipt and informing the User of its intention to implement this clause and the measures envisaged.

2.4.2          AT THE INITIATIVE OF THE USER

If the User wishes to delete his account and no longer use the Services, he may request the deletion of his account by writing to kheoos by letter or email.

2.4.3          EFFECT OF ACCOUNT DELETION

The deletion of the account results in the deletion of any content relating to the User on the Platform.

Notwithstanding this deletion, the provisions of the Conditions of Use & Sale will continue to apply for the period prior to the said deletion.

3     CHOICE AND ORDER OF SERVICES

3.1     CHOICE OF SERVICES

The User may choose to join one or more Services that meet his needs.

The ordering procedure includes - at a minimum - the following steps:

The User is called to select one or more Services in the list of Services offered to him;

A summary showing all the Services or Products chosen by the User and the characteristics allows the User to check the details of his order online;

The User must then proceed to the payment of the price. The contract is then validly concluded :

       Between the User and kheoos with respect to the kheoosMatch, kheeosPrice, kheoosPool and kheoosCast Services;

       Between the User and the Seller regarding the kheoosMarket Service.

3.2     RATE OF SERVICES

Rates are in euros (€) before tax and VAT.

3.2.1          SERVICES KHEOOSPOOL, KHEOOSPRICE, KHEOOSCAST (SUBSCRIPTION)

Membership in the Service chosen by the User is the subject of a commercial relationship and is carried out for a period of one year.

 Unless terminated within three months before its due date, the contract thus concluded shall be renewed without further expression of the will of the parties for a period of one year under the same conditions.

In case of modification of the price of the service by kheoos for the period of the renewed contract, the User will be able to oppose to the renewal of the contract within 15 days as from the notification of the new price if this notification intervenes less three months before the expiry of the contract.

In addition, the contract can be terminated by each party in case of serious misconduct of the other.

3.2.2          KHEOOSMARKET SERVICE

Access to Product Offers is free for kheoosMarket Buyer Users.

Vendor Users will, in turn, subscribe to a monthly subscription giving them access to their shop.

Rates are subject to change and are effective against the Website User from the time they are posted online. The applicable rate is the one in force on the day of the order.

3.3     BILLING

Access to the Services will be billed monthly, the invoice being sent by email to the User.

4     PAYMENT

Any Order placed on the Platform, whether it is a subscription to the kheoosMatch Services, kheoosPool, kheoosCast or product order on KheoosMarket is paid by the user in the following ways:

       Debit

       Credit card (Visa MasterCard, American Express).

       Transfer

No other payment method will be accepted.

The User guarantees that the means of payment used is valid and that it is not the result of a fraudulent transaction.

As the owner of the account, the User is solely responsible for the orders made and their payment.

Since kheoos is not an intermediary of payment, all transactions made on the Platform are managed by Mangopay. This terminal ensures the confidentiality of data with SSL encryption. It complies with PCI DSS security standards.

The responsibility of kheoos cannot be engaged because of the operation of the online payment service.

5     DESCRIPTION OF SERVICES

Only the Service to which the User has subscribed will be the subject of a contract between the User and kheoos. Any other services or customization of a Service solicited by the User must be the subject of an express agreement between the User and kheoos.

5.1     KHEOOSMARKET SERVICE

5.1.1          GENERAL DESCRIPTION OF THE SERVICE

Online Product and Ordering Procedures are reserved for Users, individuals or legal persons acting as professionals and having the legal capacity to contract.

Any order between a Buyer and a Seller of goods listed on the kheoosMarket.com Site requires consultation and prior acceptance:

       These Conditions of Use & Sale

       The General Conditions of Sale of the seller,

       Contractual conditions applicable to online payment via the services of the payment service provider.

5.1.2          DEFINITIONS

"Buyer User (s)" (hereinafter Buyer): A natural or legal person who practices professionally and makes purchases in the marketplace.

"Selling Users" (hereinafter referred to as Seller): a physical or moral person who practices professionally and sells goods on the marketplace

Site: software platform of the marketplace hosted by OVH

Shop: Sales area hosted on the marketplace managed and administered by the Seller

5.1.3          INSERTION OF OFFERS BY THE SELLER USER

At any time when joining the Platform, the Seller undertakes to update this information.

The Seller guarantees the veracity and completeness of the information transmitted to kheoosMarket and will be solely responsible for any error, forgetfulness or failure to update them.

The offers on kheoosMarket are specific to each Sellers who are solely responsible for their ads and the Products offered.

As such, the Seller represents and warrants that the content of its offers and the Products it sells comply with applicable law, that it holds the corresponding intellectual property rights, that it does not infringe the rights third parties, and that it is not the subject of any action for infringement or otherwise.

The Seller declares that it is in the capacity to deliver the Products in the country (ies) in which it integrates its catalog.

Upon receipt of all information requested by the Platform and validation of the technical requirements, the Seller will receive an identifier and a password allowing him to access his Private Administration Interface.

The Seller will then have access to his Back-office space at kheoosMarket allowing him to deposit or create Product files containing the following information:

       Internal Reference

       Product Description

       Reference and name of the manufacturer

       Purchase price (if possible)

       Quantity in stock

       Photo of Products (where applicable)

       Product Sheet

       Certification if necessary

       Hazardousness of the Products (if any)

His dedicated back office also allows him:

       Order tracking of his products

       Order History

       Change their account settings and profile

       Parts research.

       Manage his catalog

       Consult the balance of the sums possibly due by kheoos under the mandate of collection entrusted in the conditions of the article 5.1.8

Data transfers can be done in several ways:

       API

       Import CSV

       Text files or Excel

       Manual creation of the product sheet - the required fields will be specified by a *

kheoos reserves the right to publish a list of products not authorized for sale on kheoosMarket.

The Seller guarantees kheoos against all the financial consequences of any actions, claims, or oppositions by any person invoking an intellectual property right over an offer made on kheoosMarket or an act of unfair and / or parasitic competition.

When the Buyer makes an online order via kheoosMarket, he enters directly into a contract with the Seller (s) selected in the general sales conditions of the Seller (s) accessible via the Platform.

The Product ordered by the Buyer is delivered and invoiced by the Seller; the same is true for delivery costs.

When kheoos is itself a Seller, the Buyer User concludes directly with kheoos according to the general sales conditions kheoos (link to GTC) °.

The Seller is explicitly informed that kheoos attaches paramount importance to the proper conduct of purchases made by the Buyers from Sellers involved on kheoosMarket. In particular, kheoos understands that orders placed on kheoosMarket from Sellers constitute a fully satisfactory experience for Buyers.

The Seller agrees in general to use the tools available to him, disseminate his offer and process orders, questions and claims received as a diligent, reasonable and informed professional. It is obliged in this context to:

       Put online its terms of sale, applicable to all buyers of the Site, and all their updates;

       Demonstrate, in all circumstances, moderation and courtesy in any exchanges with Users;

       Comply with all applicable regulations, particularly with regard to resale at a loss or tax and social obligations;

       To comply with any specific regulations, including the consumer protection rules (including the right of withdrawal when applicable), and to give access to the said regulations to Buyers.

5.1.4          PRODUCTS OFFERED FOR SALE ON THE PLATFORM

The Seller acknowledges and warrants that it will not present for sale on the Platform, Prohibited Products. Otherwise, the Seller may be excluded from the Platform.

kheoos reserves the right to delete a product that does not correspond to the nomenclature of the Products sold on the Platform or if kheoos is aware of its unlawful nature.

Seller agrees to clearly state whether the Product is used or new.

It is up to the Seller to check the conformity of the information displayed on his catalog via the platform hosted by kheoos or on the presentation sheets in order to validate its accuracy and detect any errors. In case of discovery of any inaccuracy, error and / or omission of any nature whatsoever, the Seller agrees to inform kheoos and to correct them without delay. Similarly, if kheoos comes to be informed of any error appearing on any of the pages of the Seller's catalog or presentation sheets, the Seller will be notified, which undertakes to make the necessary changes and / or corrections without delay. In the case of non-compliance due to a bad import of its catalog, the Seller undertakes to resolve any customer disputes inherent to this bad information.

As host, kheoos is not subject to a general obligation to monitor stored information or to a general obligation to investigate facts or circumstances that reveal unlawful activities.

However, kheoos has undertaken to remove any information posted on the Platform by a Seller upon request from any person who alleges unlawfulness or facts and circumstances that reveal such character.

5.1.5          PRICE OF THE PRODUCTS OFFERS

The prices of Products offered on kheoosMarket are freely established by the Sellers. However, after deduction of the commission paid to kheoos, the sale price must not be less than or equal to the resale threshold at a loss.

Rates are in euros (€), excluding tax and VAT. Delivery charges are shown in addition.

Rates are subject to change and can be enforced against the Purchaser User as soon as they are posted online. The applicable rate is the one in force on the day of the order.

5.1.6          SALES CONTRACT BETWEEN THE SELLER AND THE BUYER

The Seller acknowledges being solely responsible for the performance of the Sales Contract and ancillary (including transport) transactions with the Buyer. As such, kheoos excludes all liability.

The Seller acknowledges and warrants that it concludes the Sales Agreement with the Buyer. The Seller undertakes to comply with all the regulations applicable to distance selling and, where applicable, all applicable provisions of the Consumer Law in all countries where the Seller delivers the Products.

The Seller agrees to comply with the provisions relating, in particular, to legal warranties, or the exercise of the right of withdrawal.

In the event that the Seller would market Products in France, he undertakes to provide a non-premium rate telephone number to the Purchasers wishing to obtain the proper execution of the Sales Contract or to make a claim, in accordance with article L113-5 of the Code of consumption.

The Seller agrees to provide the Buyer on the Platform with the pre-contractual information necessary for the informed consent of the latter and in particular:

       the information relating to its identification

       the essential characteristics of the Products

       Terms of Sales

       the conditions of the after-sales service

       the price before tax and VAT

       if applicable, delivery charges, transportation, postage and any other costs

       the terms of payment, delivery or execution

       the absence of a right of withdrawal

       the duration of the validity of the offer and the price thereof.

In any case, the Seller warrants that the Products presented on kheoosMarket are all available, that is to say that he has available in stock sufficient for shipping in case of order within the time specified by the Seller to Buyers on the Platform.

In case of display of an incorrect price on the Platform, the Seller agrees to contact the relevant Buyers within 24 (twenty-four) hours of the alert, and to refund the canceled orders - under reservation of the applicable regulations.

In this case, the Seller waives receipt of the amounts received by kheoos on his behalf since the last transfer, until the complete settlement of the customer cases resulting from the price error.

In this case, kheoos cannot be held responsible for the cancellation of orders.

5.1.7          ORDER PROCESS

The Seller confirms the availability of goods and agrees to process orders without delay.

After 48 hours, a reminder email is sent to the Seller inviting him to confirm the order without delay. After 72h delivered, kheoos may propose to the Buyer an amicable resolution to find a solution for the processing and delivery of his order. In this context, the Seller is invited to consult his Administration Interface daily to process orders received or formulated on the Site. In case of late response, the Seller's evaluation may be degraded.

Upon confirmation of his order by a Buyer, kheoos, pursuant to the mandate given to him under the conditions of Article 5.1.8, will validate in the name and on behalf of the Seller the payment made.

When the payment is effective, kheoos will send the Buyer a summary of his order by e-mail

The Seller agrees to immediately place in order to order the products ahetés and deliver or have delivered, under its sole responsibility, the ordered Products and paid (s) in strict compliance with the deadlines indicated by the Seller to the Buyer.

The Seller then updates the information relating to the status and shipping of the order on the Site.

5.1.8          REPRESENTATION MANDATE

The Seller gives kheoos express mandate to cash the price of the Products purchased by the Buyers on the Platform on its behalf and on its behalf. The sums thus collected are not productive of interest.

The Seller undertakes to generate an invoice for Purchasers complying with the regulations in force and in particular the tax provisions applicable in the countries of delivery of the Products.

The Seller therefore retains full responsibility for its billing obligations and its consequences in terms of tax and especially the Value Added Tax (VAT). In this case, the Seller agrees to declare the tax collected at the time of the intervention of its payment and acknowledges that kheoos can not in any case be declared responsible for this.

All purchases made from the Seller will be paid after shipping.

In case of refund request by the Buyer, kheoos will be entitled to claim the refund from the Seller.

5.1.9          DELIVERY

The Seller undertakes to respect the delivery deadlines he announces on the Platform.

The Seller undertakes to subscribe with his carrier a Contract allowing him to follow the delivery of the Products to the Purchasers. The Seller shall provide him with the information relating to the deliveries, in particular the carrier tracking numbers to the Buyer.

In case of delay of shipment and / or absence or inaccuracy of the tracking number of the Products delivery, kheoos reserves the possibility to block the payment of sums collected on behalf of the Seller until the repair of the breach by the Seller.

The Seller shall provide to Purchasers in addition to the Product all the notices, warranties and other documents necessary for the use of the Product.

5.1.10        RESPONSIBILITIES OF THE SELLER

The Seller is solely responsible for the Products and the pre-contractual information relating to the Products that it sells via the Platform and the execution of the Sales Contract concluded with the Buyer as well as the calculation, collection and eventual payment of applicable taxes, fees and / or customs duties.

5.1.11        SELLER'S GUARANTEE

The Seller guarantees the perfect conformity of his activity with the applicable regulations and in particular:

       Compliance of the Products with the applicable regulations in the country of delivery (standards, authorization, security, composition, etc.)

       The conformity of the offer of sale (price, general conditions, delivery, right of withdrawal, etc.)

       The conformity of the after-sales service (legal and contractual guarantee)

       That he is authorized to sell the Products and to deliver them in the various countries of destination of the goods

       That the Products are authorized for sale and which are not encumbered with rights of third parties

       That he holds all the intellectual property rights on the elements stored on the Platform and that he has all the necessary authorizations for their distribution.

The Seller is solely responsible for any direct or indirect damage suffered by a Buyer or a third party as a result of the presentation and / or sale of Products on the Platform. He undertakes therefore to guarantee kheoos against any action, claim, claim or opposition from any person invoking a prejudice, a right and / or an act of unfair competition whose activity of the Seller on the Platform is at the expense of 'origin. In this case, the Seller will bear all the damage suffered, including in particular any damages and interest to which kheoos could be condemned by an enforceable court decision and the compensation and expenses of any kind incurred by kheoos.

5.1.12        USER REVIEWS

The User may leave opinions, suggestions and / or comments related to his offer and / or his order and / or the use of the Services.

The User undertakes not to disseminate on the Platform any data, information or content that is defamatory, abusive, obscene, offensive, violent or inciting violence, or of a political, racist or xenophobic nature and generally speaking content that would be contrary to applicable laws and regulations or morality.

kheoos reserves the right to moderate the opinions and comments left by the User on the Platform.

5.1.13        BUYER

 

To access the service, the Buyer must register on the Site, by completing a form provided for this purpose. Registration is free. The buyer must provide at least the information noted "Mandatory". Incomplete registration will not be validated. All the provisions relating to the processing of personal data are defined in these General Conditions.

The validation of the registration automatically leads to the opening of an account in the name of the Buyer giving him access to a personal space that allows him to manage his use of services in a form predefined by kheoos.

The Buyer warrants that all information provided on the registration form is accurate and up-to-date and is not related to any misleading nature.

He undertakes to update this information in his personal space in the event of modifications, so that they always correspond to the aforementioned criteria.

The Buyer is informed and agrees that the information entered for the purpose of creating or updating his account is a valid proof of his identity. The information entered by the Buyer commits him as soon as it is validated.

The buyer must ensure the validity of his email address to receive notifications sent by kheoos.

5.1.14        PURCHASING PROCESS

The Buyer orders directly from the Sellers on the Site. A sales contract is concluded between the Buyer and the Seller, kheoos not being part of this sales contract and / or any other associated contract, including delivery.

Ordering process: The Buyer choiti his or her goods and adds them to his basket. By validating his basket, he validates his or her purchases. He must then fill in his delivery details. Prior to payment, he accepts the general conditions of sale of the Seller (s).

Before confirming the order, the Buyer can check in the summary information about the essential characteristics of the property that is the subject of the order, as well as the price.

At this point, he can modify and correct the information of his order.

The Buyer acknowledges that its acceptance of the offer is made in consideration of the description of the property of the sale and that it is a firm commitment to contract with the Seller to the conditions of the offer.

The order is however subject to the condition that the good is available, that is to say that the order will be validated definitively if the good is in sufficient number in the stock of the seller to satisfy the order.

Once the order is validated, the Buyer proceeds to the online payment of his order. The payment platform confirms the success of the payment. In case of refusal or failure, the Buyer receives an information message immediately. If successful, a payment confirmation email is sent to him.

Once payment is made, the order cannot be changed.

Orders are recorded by kheoosMarket and sent to the Seller. The Seller is informed of the order via the back ofice kheoosMarket and an email is sent to him.

If the Seller refuses the order in case of insufficient stock, he sends an email to the Buyer to inform him.

The order is then prepared and shipped; the delivery time depending on the mode of transport chosen by the Buyer. kheoos recommends an order processing time of less than 72 hours to the Sellers.

The delivery note number and invoice number is provided to kheoosMarket by the Seller. These numbers are sent to the Buyer to follow up on his order with kheoosMarket in the dedicated area. The invoice can also be consulted in the "My account" area after delivery to the carrier.

Buyer agrees to comply with all laws and regulations relating to the acquisition of property of any kind. In particular, the Purchaser is warned that he is likely to be qualified as an intra-community purchaser within the meaning of Article 256 bis of the General Tax Code, making him liable for the remuneration for private copying due for any purchase, from from a foreign seller.

Likewise, the Purchaser is warned that he is likely to be asked by different administrations for any additional rights such as customs duties when buying goods and services from Sellers outside the European Union. . The Special Conditions of the Seller specify these terms and conditions

5.1.15        PRICES OF GOODS

Prices are valid only at the date of order by the Buyer.

The Seller reserves the right to change prices at anytime but the goods and services will be charged on the basis of the price accepted by the Buyer at the time of validation of the order.

The prices do not take into account the delivery costs, invoiced in supplement, whose amount varies according to the mode of expedition chosen and can be determined only at the time of the finalization of the order by the Purchaser.

Payment of the full price must be made when ordering. At no time, the sums paid cannot be considered as a deposit or installments.

Unless otherwise provided in the Seller's General Terms and Conditions, the goods and services remain the property of the Seller until full payment is made.

5.1.16        METHOD OF PAYMENT

The transfer of the funds by credit card, the transfer or the levy is carried out with the validation of the order.

The Seller reserves the right to refuse to make a delivery or to honor an order from a Buyer for which the payment has not been validated by kheoos.

Any refunds are made by the method of payment used by the Buyer provided that the bank account of the Buyer has been debited beforehand.

5.1.17        DELIVERY AND RECEPTION

Delivery times are specific to each Seller.

The Buyer is invited to regularly consult his order tracking in his customer area.

The Buyer is informed of the amount of the delivery costs before placing his order and before validation of it.

The goods are delivered to the address indicated on the form completed by the Buyer.

Neither the Seller nor kheoosMarket is responsible for errors in sending mail or errors in sending parcels due to an incorrectly filled or misdirected form.

Subject to the mandatory provisions applicable in the matter and general conditions of sale of the Seller, the Buyer is reminded:

       He is obliged to check the condition of the packaging upon delivery and report the damage on the carrier's bill of lading, as well as to kheoos,

       That any anomaly concerning the delivery (damage, goods or parcels missing compared to the delivery note to the voucher of the carrier, parcel damaged, well damaged ...) must imperatively be indicated on the voucher of the carrier in the form of "handwritten reserves », accompanied by the signature of the Buyer,

       That it is advised to refuse any received parcel damaged.

 

6     LIABILITY

6.1     UNDER OFFERS AND PURCHASES MADE ON KHEOOSMARKET

kheoos is not involved in the contractual relationship between the Buyer's User (s) and the Selling User (s) except where kheoos is itself a Seller.

Each Seller is solely and fully responsible for the Product (s) it presents and makes available to kheoosMarket Users, both in terms of their availability, their compliance with the applicable legal provisions and the characteristics presented on kheoosMarket.

kheoos does not control or guarantee the availability, quality, safety, suitability or legality of the Products offered by the Sellers, the veracity or accuracy of the content of the offers, the ability of the Sellers to sell nor the ability of Buyers to pay. kheoos disclaims any liability as such.

It is the responsibility of the Buyer User to check any commercial warranties and warranty conditions offered by the Sellers, notwithstanding the legal warranty of hidden defects provided for in articles 1641 and following of the Civil Code.

In case of difficulties, the Buyer User must contact the Seller (s) concerned directly.

6.2     IN RESPECT OF THE USE OF THE SERVICES AND THE PLATFORM

Due to the nature of the internet, kheoos can only be held to an obligation of means for the functioning, availability and continuity of the Services.

No responsibility can be attributed to it in the event of malfunctions, anomalies, errors or bugs of any nature of risks of interruption, of viruses and more generally of all risks associated with the connection and the transmission of Data on Internet, making the use of the Platform totally or partially impossible.

6.3     IN RESPECT OF THE CONTENT OF THE SERVICES

The use and content of the Services depend in particular on the Data entered and / or provided by the Users themselves and the use for which they are intended.

In fact, kheoos can only be held to an obligation of means in this respect.

In particular, given the variables and uncertainties, the results and predictions of the Services can only be held as indicative aids to the decision, but cannot give rise to any responsibility of kheoos.

kheoos will also not be responsible for the use that the User makes of the information that is made available through the Services, the User being and remaining solely responsible for the use he makes of it.

kheoos cannot be held liable for direct or indirect losses or damages suffered by the User or by third parties who have their source in the interpretation and / or use of the Services.

kheoos strives to provide Users with the most reliable and qualitative information available but does not guarantee the accuracy and completeness of the information disseminated on the Platform.

6.4     LIMITATION OF LIABILITY

kheoos will be liable only for direct and foreseeable damages resulting from a breach of its contractual obligations. In no event will kheoos be held liable for any indirect, foreseeable or unforeseeable damage. In particular, indirect losses are excluded: loss of customers, loss of profits, loss of productivity, loss of contracts or orders, damage to image or reputation, loss or deterioration of Data (it being recalled that 'It is up to the User to ensure the regular safeguarding of his Data, whatever it may be, as well as any damage suffered by a third party.

In the limit of what is allowed by the applicable law, and in the event that the responsibility of kheoos would be retained, the aggregate and cumulated compensation, principal, interest and expenses, all causes, to which the User could claim will be limited to the amount invoiced by kheoos to the User during the last six (6) months preceding the event that gave rise to kheoos' liability, the User expressly acknowledging that this limitation of liability constitutes a balanced distribution of risks.

7     USE OF DATA

The Data of the Users coming to feed kheoosMatch (hereinafter Data ") are the following ones:

       The name of the product / part

       The product designation

       The manufacturer's reference of this part (if existing: EAN)

       The name of the manufacturer

       The technical characteristics of the part – datasheet

       The physical characteristics of the piece - weight, dimensions, materials

       Possible existing photos

       Available plan-

        Video if existing

       Purchase price of the part

       Selling price if part on distributor catalogs

       Inventory levels

       The frequency of deliveries

       The consumption made on this product / part

The Data integrated by the Seller on the Platform may be used and stored by kheoos without limitation for the duration of its catalog kheoos Match even after the closure of the account of the Seller, which the latter expressly accepts.

kheoos undertakes to anonymize the sources and not to disclose the Seller's Data other than in aggregate form that does not allow the identification of the Seller.

The User has access to the Data, documents and Services provided by Kheoos during the subscription period. At the end or in case of termination, the User may not retain the Data and documents for its use, except for the Data it has provided itself. He explicitly refrains from uploading for his account the photos, product sheets, detailed descriptions or any other Data that he himself would not have provided.

The user will take all necessary measures to protect his own Data and information stored on his own computer equipment.

8     PRIVACY POLICY

8.1     PERSONAL DATA - IT AND FREEDOMS

In accordance with the provisions of the General Data Protection Regulation 2016/679, kheoos, in its capacity as data controller, undertakes to ensure the rights of persons relating to the protection of personal data collected in connection with the use of the Platform, and undertakes to enforce them also by its subcontractors.

The personal data requested from Users is necessary if the latter wishes to use the Services offered by the Platform.

This personal data is used solely by Kheoos in the context of its relations with the Users of the Platform. Your data will not be transmitted to other third parties. Your data will not be transferred outside the European Union.

The User has the right to access and rectify personal data concerning him, and he can exercise it at any time by writing to info@kheoos.com

kheoos will confirm that this request is taken into account within a maximum of two months, in accordance with the regulations in force.

You can correct most of your personal information yourself via the management page of your user account.

8.2     COOKIES POLICIES

REFERENCE TO APPLICABLE COOKIES POLICY

9     INTELLECTUAL PROPERTY RIGHTS

The User guarantees that the signals, writings, images, sounds or messages of any kind posted online by him on the Site (including any content relating to the sale of a good or service, text, graphics, logos, names, trademarks, designations, tabs, features, data, photographs, and any other element) are in compliance with the laws and regulations in force

All contents and intellectual property rights, in particular copyrights, relating to the general structure of the Platform as well as texts, illustrations, photographs, animations, sounds, software, interfaces, computer programs and any other component element the Platform remain the exclusive property of Kheoos or their respective holders in accordance with the provisions of the Intellectual Property Code, and may not be used without prior authorization.

kheoos grants to the User a personal, non-exclusive and non-transferable license to use the Services strictly limited to the use thereof.

Nothing contained herein shall be construed as assigning or transferring to the User any or all of the relative intellectual property rights of the Platform or any component thereof.

Any exploitation, commercial or otherwise, including any downloading, copying, reproduction, extraction, reuse, distribution, transmission, distribution, adaptation, translation or representation, in whole or in part, of the Platform or one of the component elements by any means and current or future process, on any current or future support, without the prior written permission of kheoos is prohibited and is likely to give rise to legal proceedings, including but not limited to counterfeiting, unfair competition and or parasitism, punishable by the applicable provisions in force.

10   ASSIGNMENT

The User may not assign or transfer to a third party, even for free, any of the rights he holds under the Services subscribed on the Platform. Any attempt to transfer or transfer in violation of the foregoing will be void.

11   NULLITIES

If any of the stipulations of these Terms is void in the light of a rule of law in force or a judicial decision become final, then it would be deemed unwritten, without causing the invalidity of these Terms and Conditions. alter the validity of its other stipulations.

12   FORCE MAJEURE

kheoos cannot be held responsible for an impediment in the performance of its obligations in case of force majeure, as usually defined by French case law.

13   APPLICABLE LAW - LANGUAGE

The Conditions of Use &Sale and the resulting operations are governed by and subject to French law.

The language of these Terms is the French language. In the event that they are translated into one or more foreign languages, only the French text will prevail in case of dispute.

14   DISPUTES

Any dispute arising from the validity, interpretation, performance, termination of these Terms, and more generally relations of all kinds between kheoos and the User, will be submitted to the Commercial Court of Lyon, notwithstanding plurality of defendants or call in warranty.