These general conditions govern the sale of all products and services available on the website “shop@keptechnologies.com” (hereinafter referred to as the “SITE”) and supplied by KEP TECHNOLOGIES EMEA, (hereinafter referred to as the “SELLER”):

• SASU with a capital of 17 500 000€,
• part of the KEP TECHNOLOGIES group,
• 28, avenue Barthélémy Thimonnier 69300 Caluire, France -,
• Registered with the RCS of Lyon under number 440 523 926,
• Intra-community VAT number FR43440523926

The term “PRODUCTS” refers to all or part of the range of products and/or services offered by KEP TECHNOLOGIES EMEA on the SITE.

The term “CUSTOMER” designates any person or entity acting within the framework of its professional activity and placing an order to purchase any of the PRODUCTS through the SITE.

These General Conditions govern the sale of PRODUCTS presented on the SITE by the SELLER. They are intended to define the mutual obligations of the parties, as well as the various stages of the ordering process.

By placing an order, the CUSTOMER agrees, in advance and without exception or reservation, the entirety of these general terms and conditions, except in the event of specific and/or contrary written provision(s) agreed between the parties. These general terms and conditions of sale shall apply to and prevail over any general terms and conditions of purchase of the CUSTOMER and/or any document issued by the CUSTOMER. Except in the case of prior, formal and written acceptance by the SELLER, no special conditions may be opposed to the SELLER.

These conditions may be modified by the SELLER from time to time. It is therefore understood that the conditions applicable to a contract are those in force on the site at the time the said contract is entered into.

PRODUCTS are offered for sale on the SITE only in France and Germany. Sales outside these territories can only be considered through the SELLER's traditional sales network. For further information, please contact us at https://kep-technologies.com/contact.

The prices indicated on each PRODUCTS page of the SITE are EX-WORKS, in accordance with the Incoterms of the International Chamber of Commerce (edition in force on the date the order is placed), and may be modified by the SELLER without notice.

Delivery prices are calculated after the CUSTOMER has entered his delivery address in the payment form. They include packaging, transport and any handling fees. This handling fee, which is a flat-rate minimum of one hundred (100) € excl. tax, applies to all orders of less than two hundred (200) € excl. tax.

Prices quoted for PRODUCTS are in euros, excluding VAT. The applicable VAT is calculated after the CUSTOMER has provided his/her delivery address in the payment form.

VAT is applied at the rate in force at the time the order is placed. Any change in the VAT rate will be applied immediately to the pending order.

All costs, duties and taxes of any nature whatsoever arising from the execution of the order shall be borne exclusively by the CUSTOMER.

The PRODUCTS offered on the SITE can only be delivered if they are available in stock. If the PRODUCT is not available, the SELLER undertakes to inform the CUSTOMER as soon as possible by e-mail or telephone. The CUSTOMER will then have the option of either choosing another PRODUCT or cancelling the order and being reimbursed.

The SELLER endeavors to describe the PRODUCTS as accurately as possible. Prior to placing an order, the CUSTOMER has the opportunity to review, on the SITE, the essential characteristics of the PRODUCTS he/she intends to purchase. However, the SELLER cannot be held liable for any errors in this presentation. Illustrations and photos of PRODUCTS supporting the text are not contractual. Under no circumstances may the SELLER be held liable on the basis of said illustrations/photos.

The SELLER is authorized, at its sole discretion, to make any modifications it considers suitable to the design and/or manufacture of the PRODUCTS, provided, however, that the PRODUCTS so modified meet the performance specifications initially stated.

The SELLER shall in no event be obliged to make any modification to the PRODUCT(S) requested by the CUSTOMER, unless such request for modification has been accepted by the SELLER and has been the subject of a document signed by the CUSTOMER and the SELLER.

From the moment the CUSTOMER definitively confirms his/her order by clicking on “Pay now”, it is established that he/she accepts, with full knowledge, the facts, the contents, the terms of delivery and conditions of the current Order, as well as the present General Terms and Conditions of Sale, the prices, quantities, descriptions, characteristics, volumes and delivery times of the PRODUCTS ordered by the CUSTOMER on the SITE.

The SELLER will acknowledge receipt of the order by sending an email to the CUSTOMER who placed the order. The SELLER may cancel or put on hold the execution of an order or its delivery, regardless of its nature and the stage of its execution, in the event of an inability to debit the amount of the sale price from the CUSTOMER's bank account for the order or any sum owed by the CUSTOMER to the SELLER, or if a payment incident occurs, or finally in the event of fraud or attempted fraud relating to the use of the SITE, including during orders placed.

Furthermore, if the e-mail address provided by the CUSTOMER at the time of registration is incorrect, and if, for this reason, the CUSTOMER has not received the Order confirmation e-mail sent systematically by the SELLER, the latter cannot be held liable. The sale will nevertheless be considered final, unless the SELLER deliberately decides to cancel it, for example in the event of the products ordered being out of stock.

The CUSTOMER, if entitled to the right of withdrawal provided for by law, may exercise this right within a period of fourteen (14) days from the date of the order.

The CUSTOMER may pay by credit/payment card directly on the SITE, using an accepted card (Visa, Mastercard) or an accelerated checkout process (Apple Pay, Shop Pay). Other methods of payment such as bank transfer and cash on delivery are not accepted.

The invoice amount will be debited from the CUSTOMER's account on the date of payment.

1. Delivery zones

The shipping service only covers the following territories : France, Germany. Delivery outside these geographical areas is only possible through the SELLER's traditional sales network. For further information, please contact us at https://kep-technologies.com/contact.

2. Terms of delivery

Products ordered will be delivered to the CUSTOMER at the address indicated on the form filled in by the CUSTOMER when paying for the order. In the event of a change of address, it is the CUSTOMER's responsibility to notify the SELLER before placing their next order by modifying their details on the order payment form.

The SELLER undertakes to ship the PRODUCTS to the location designated by the CUSTOMER. Shipment will be made by the method and carrier selected by the SELLER. In all cases, shipping costs will be borne by the CUSTOMER.

For all PRODUCTS, delivery times are given purely as an indication and are confirmed or changed in the order confirmation e-mail sent by the SELLER. The SELLER will endeavor to comply with the delivery schedule indicated, but shall in no event be liable for delays resulting from force majeure, as defined in article 15 hereof. The SELLER will inform the CUSTOMER as soon as possible of any foreseeable delay in delivery/shipping and of the actions taken to avoid such delay. If delivery is delayed or prevented by the CUSTOMER, the PRODUCTS will be placed in storage and the storage date will be considered as the delivery date. Storage costs will be borne by the CUSTOMER.

Dates for services ordered via the SITE by the CUSTOMER will be subject to a specific agreement between the SELLER and the CUSTOMER after receipt of the order.

It is the CUSTOMER's responsibility to carry out all checks and make all reservations upon arrival of the PRODUCTS. Any claim concerning the PRODUCTS or missing items must be reported to the SELLER without delay. In the absence of such notification, delivery will be deemed to have been accepted without reservation, and no compensation will be payable for loss or damage attributable to transport.

The SELLER recommends that PRODUCTS belonging to the “instruments” category be installed by its own personnel. A price will be quoted to the CUSTOMER for this installation, including labor hours and travel expenses. In the event of a delay in installation for reasons beyond the SELLER's control, the CUSTOMER will bear all costs associated with the delay (possible future travel, spare parts required, etc.). Installation will not be carried out until the “Pre-installation Checklist” has been completed and returned by the CUSTOMER to the SELLER's Sales Administration Department. In all cases, the CUSTOMER must comply with the installation and operating instructions set out in the SELLER's user manuals.

The CUSTOMER is responsible for compliance, both by himself and by the end user of the PRODUCTS, with the collection and disposal of electrical and electronic equipment (WEEE) under the conditions stipulated by the French Environmental Code.

PRODUCTS may only be returned within five (5) days of receipt by the CUSTOMER. Beyond this five (5) day period, the SELLER will not accept any returns.

To be eligible for return, the PRODUCT must be unused and in the same condition in which it was received by the CUSTOMER. It must also be returned to the SELLER in its original packaging. The CUSTOMER is responsible for return and packaging costs.

Once the returned PRODUCT has been received and inspected, an e-mail will be sent to the CUSTOMER informing him/her of its receipt by the SELLER. The CUSTOMER will also be informed of the approval or rejection of the refund request.

If the refund is accepted, it will be processed as soon as possible and a credit will automatically be applied to the CUSTOMER's original payment method. In the event of a late or missing refund, and before contacting the SELLER at shop@kep-technologies.com, it is the CUSTOMER's responsibility to contact the issuer of his or her means of payment to check the usual deadline for taking refunds into account.

The SELLER acts within the framework of a simple obligation of means. Unless otherwise stipulated and duly accepted in writing by the SELLER, the SELLER warrants that the PRODUCTS are free from manufacturing defects on the date of delivery for a period of one (1) year from the date of delivery, provided that they have been received, handled, stored and maintained correctly, normally and in accordance with the SELLER's recommendations, and that they have not been used abnormally or improperly or beyond their rated characteristics.

Insofar as the SELLER is also obliged to assemble or install the PRODUCTS, the warranty period shall commence on the date on which the PRODUCTS are put into service. However, if installation or commissioning does not take place for reasons beyond the SELLER's control, the warranty period will commence on the date of delivery of the PRODUCTS.

If a defect is discovered during the warranty period, the CUSTOMER shall inform the SELLER in writing within five (5) days of the discovery of such defect, providing all information necessary to characterize the nature of the defect observed, thus enabling the SELLER to take the defect into account. If, during the warranty period, the PRODUCTS are found to be defective, they will be repaired at the SELLER's factory or replaced free of charge, including transport, provided that the CUSTOMER informs the SELLER in writing without delay after discovery of the defect.

The warranty covers only malfunctions or defects in performance in relation to the SELLER's specifications.

The above warranty does not cover

(i) The consequences of assembly or installation by the CUSTOMER or a third party;
(ii) Deterioration of the PRODUCTS due to non-compliance with assembly instructions or to handling errors caused by third parties other than the SELLER, or to use not in compliance with specifications;
(iii) Consequences of improper storage or of storage not in compliance with specifications, or if the PRODUCT has been repaired/overhauled in the meantime by a company other than the SELLER;
(iv) Incidents resulting from force majeure events.

In general, no claim by the CUSTOMER shall be accepted in respect of repairs and/or modifications made unilaterally by the CUSTOMER without the prior written permission of the SELLER. In such a case, the CUSTOMER will lose the right to obtain the SELLER's warranty. The CUSTOMER hereby undertakes to assume responsibility and to pay for any defects attributable to him and for any damage caused to the PRODUCTS after delivery.

All the SELLER’s warranties regarding the PRODUCTS are exhaustively provided in Article 9, and shall replace all other warranties such as the merchantability warranty, warranty for suitability for
a particular use, regardless of whether these warranties are express or implied, in fact or in law. This replacement does not concern the legal warranty incumbent upon the SELLER as regards its obligation to provide PRODUCTS which are free from any copyrights or collateral.
The replacement or repairs of the defective PRODUCTS or defective parts of the PRODUCTS shall be the only remedy available to the CUSTOMER within the context of the warranty. The SELLER shall then have the option of removing and retrieving the PRODUCTS at its expense, reimbursing the CUSTOMER for all the amounts received within the context of the CONTRACT, and the compliance obligation of the SELLER shall be fulfilled.

Work resulting from the warranty obligation will be carried out, at the SELLER's discretion, either on the CUSTOMER's site or in the SELLER's factories. The following costs will be borne by the CUSTOMER in the absence of any observed faults:

(i) Costs of analysis, disassembly made necessary by the conditions of use of the PRODUCTS,
(ii) Return costs, packaging and shipping,
(iii) Travel and accommodation expenses for the SELLER's employees in the event of on-site intervention by the CUSTOMER.

The warranty period will be extended by the duration of any repair work required.

Any service provided by the SELLER at the CUSTOMER's request, when the SELLER was not obliged to provide it under the warranty, will be invoiced to the CUSTOMER on the basis of a specific offer from the SELLER.

In the case of devices and accessories not manufactured by the SELLER and forming part of the PRODUCTS or their accessories, the SELLER's sole obligation shall be to obtain for the CUSTOMER the warranties offered by the suppliers of said devices or accessories during the warranty period, and if they can be obtained by the SELLER without payment by him of any additional consideration.

For any information or questions, the CUSTOMER may contact the support department free of charge via the contact form https://kep-technologies.com/contact.

In accordance with the French law "Informatique et Libertés" of January 6, 1978 as amended and the European Regulation n°2016/679 of April 27, 2016, KEP TECHNOLOGIES and its entities in its capacity of Data Controller collects the above information for the management of its sales and within the framework of the execution of contractual obligations. The data collected will be communicated only to the following recipients: managers, sales departments, sales agents, marketing, ERP (enterprise resource planning) and accounting. Data will be kept for the duration of the contractual relationship, plus a further 5 years in accordance with the applicable statute of limitations (and 10 years for accounting documents). The CUSTOMER may access its data, rectify it, or exercise its right to limit the processing of its data. CUSTOMER may also object to the processing of its data, and finally CUSTOMER may determine what happens to its data after its death. To exercise these rights or for any question about the processing of your data in this system, the CUSTOMER may contact: dpo@kep-technologies.com, or by post : KEP TECHNOLOGIES - 1198 AV DR MAURICE DONAT - 06250 MOUGINS. The CUSTOMER may be asked to provide proof of identity if one has reasonable doubts about its identity. If, after having contacted us, the CUSTOMER feels that its "Data Protection" rights have not been respected, the CUSTOMER may file a complaint before the CNIL.

The SELLER shall not be liable for any events, inconveniences or damage inherent in the use of the Internet, in particular in the event of service interruption, external intrusion or the presence of computer viruses.

The SELLER will not be liable for damages caused by the PRODUCTS if such PRODUCTS were not handled, stored, and maintained correctly, normally, and in compliance with the SELLER’s recommendations, or if they were used in an abnormal or incorrect manner or in exceedance of their rated characteristics. The SELLER’s recommendations as to the handling, the storage, the maintenance and the use of the PRODUCTS as well as the rated characteristics of the PRODUCTS are indicated in the user manual handed to the CUSTOMER upon the purchase of the PRODUCT and which is available with the SELLER on request and insofar the relevant PRODUCT is not obsolete.

The SELLER shall not be liable to the CUSTOMER, its agents, employees, successors or assignees, for any special, indirect or consecutive damages, material or immaterial whatsoever, and the SELLER shall not be liable for loss of enjoyment, data, profit, income, business, anticipated savings, reputation and generally for any economic or financial loss which may be considered as consecutive or resulting directly and naturally from the incident that results in the claim.

Finally, and except in the case of bodily injury, the total and cumulative liability of the SELLER in respect of the order shall in no case exceed, in addition to the repair or replacement of the defective product, an amount corresponding to ten percent (10%) of the amount of the order.

According to Article 1195 of the French Civil Code, in case of an event threatening the equitability of the order insofar performance of the obligations by SELLER becomes harmful, parties agree to re-negotiate in good faith the terms of the order to mitigate the consequences of the event.

Should among others be considered threatening events: variation of utility costs, increase of custom duties, variation of exchange rate, change of rules, regulations and/or legislations. If no agreement is reached within a period of thirty (30) days from the date such request is made, or any other period agreed in writing between the parties, SELLER will be entitled to terminate the relevant order(s) subject to a thirty (30) day notice by way of registered letter with acknowledgement of notice, such termination giving no right to compensation for any of the parties.

The SELLER shall neither be considered to be at fault in the execution of its obligations, and nor shall it be liable to pay damages or any other compensation, in the event of a defect or delay in the execution caused by strikes, lock-outs, co-ordinated action by the workers or other industrial dispute, fire, explosion, floods, or other natural disasters, public unrest, declared or undeclared riots or armed conflicts, quota, shortage, or allocation of normal sources of labour, materials, transport, energy, or services, accident, natural calamity, delay caused by sub-contractors or suppliers, mandatory or voluntary compliance with governmental actions or regulations (valid or otherwise), embargo and any other cause, which may or may not be similar to any of the causes or categories of causes described above, and beyond the control of the SELLER.

In the event of a delay arising from any of the above causes, the time of performance shall be
extended by a period of time reasonably necessary to overcome the effect of the of the delay.

Trademarks, domain names, products, software, pictures, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the SELLER.

No transfer of intellectual property rights is made through these general terms and conditions of sale. The sale of PRODUCTS does not entail any transfer of technology or know-how to the CUSTOMER. Technology and know-how, whether patented or not, remain the full and complete property of the SELLER. Any total or partial reproduction, modification or use of these goods is strictly forbidden.

The SELLER undertakes, at its own expense and within the limits stated below, to protect and exonerate the CUSTOMER from any liability in case of legal action or proceedings initiated by a third party related to a claim according to which the PRODUCTS constitute an infringement of an existing patent, provided that (i) the CUSTOMER informs the SELLER immediately about the said action or proceedings, (ii) authorises the SELLER to defend it through the intermediary of the SELLER’s lawyer, (iii) provides the SELLER with all the information, assistance, and powers necessary to allow it to prepare the defence, and (iv) refrains from making any admission and/or amicable settlement without prior written agreement from the SELLER.

For the cases where the said PRODUCTS would be, within the context of the said action, considered to constitute an infringement, and if the use of the said PRODUCTS were to be prohibited, the SELLER must, at its own expense and discretion, (i) either ensure that the CUSTOMER has the right to continue using the said PRODUCTS, (ii) or replace them with PRODUCTS which do not constitute an infringement, (iii) or modify the PRODUCTS such that they no longer constitute an infringement (iv) recall the said PRODUCTS and reimburse the CUSTOMER to the extent of the cost price.

The foregoing constitutes whole of the SELLER’s obligations in case of a patent infringement, and the said obligations fall within the limits stated in Articles 9 and 13 of this document.

In the event the SELLER chooses not to enforce any of the obligations incumbent upon the CUSTOMER in pursuance of the terms of the order, it does not mean that the former has waived its right to do so, and shall not prevent the SELLER from enforcing compliance with these obligations in the future.

In case one of these conditions is in contradiction with a legislative or regulatory provision, or if it is rendered inapplicable owing to this provision, the said invalidity or inapplicability shall not affect any of the other conditions, nor any other CONTRACT based on these other conditions.

The language of the order is the French language. The conditions of sale are available in English. In case of discrepancy, the French version will prevail.

Any orders shall be governed and interpreted in accordance with French laws.

Any dispute pertaining to the validity, interpretation, or execution of the CONTRACT shall be referred to the Commercial Court of the area where SELLER’s head office is located.

The SELLER reserves the right to modify the present terms and conditions of sale at any time. Should a CUSTOMER not agree to the new terms and conditions of sale, he/she must terminate his/her account by registered letter with acknowledgement of receipt.

Rejection of the new terms and conditions must be explicit.