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EnglishGENERAL PROVISIONS
Offers for the supply of our products are governed by the following terms and conditions:
All orders imply automatic acceptance by the customer of these general terms and conditions.
It is expressly stipulated that any contrary provisions contained in the terms and conditions may not be invoked against SAMKRAFT without its express consent. They are considered excluded and deleted by these terms and conditions.
Article 1 - Company
SAMKRAFT is a simplified joint-stock company with a capital of €10,000, whose registered office is located at 9 Avenue Foch 75116 Paris 16 and registered with the Nanterre Trade and Companies Register under the SIREN number: 951 394 840, CODE APE 4791A.
Customer Service Number:
- For France: 01.85.76.12.84 price of a local call.
Our advisors are available from Monday to Friday from 9 a.m. to 5 p.m.
E-mail: contact@samkraft.com
Website: www.samkraft.com
Article 2 - General
2.1 These SAMKRAFT General Terms and Conditions of Sale define the rights and obligations of the parties in connection with the sale of products and services by SAMKRAFT to Members of the www.samkraft.com Website (hereinafter referred to as "the Website").
2.2 The Buyer will hereinafter be referred to as "the Member" by the fact that it is necessary to register in order to place an order.
2.3 The Member declares that he/she has read and accepted the rights and obligations relating thereto. Any orders placed on products and services are governed by these Terms.
Article 3 - Order terms and prices
3.1. Members have the option to order:
- On the Internet: http://www.samkraft.com
- By phone: 01.85.76.12.84 price of a local call.
3.2. The Member guarantees that he/she is fully entitled to use the payment card for the payment of his/her order and that these means of payment provide access to sufficient funds to cover all costs resulting from the use of the services of the Website.
3.3. By clicking on the "Buy" button during the order process, and after checking the content of the order in his/her "Shopping Cart" and, if necessary, having modified it, the Member declares that he/she fully and unreservedly accepts all of these General Terms and Conditions of Sale.
After confirming the content of his/her order, the Member will definitively validate it by payment. The order will not be final until the corresponding price has been paid.
The website will systematically confirm each Member's order and then send it by email.
3.4. The price excluding taxes of each product or service is indicated in the corresponding product or service sheet. The shipping costs of the Member's order will be indicated to him/her before the final validation of the order.
For supplies and services outside French territory, the provisions of the General Tax Code relating to VAT will apply.
3.5. Failure by the Member to comply with the obligations underwritten under the terms of these General Terms and Conditions of Sale, and in particular concerning any incident of payment of the price of an order, may result in the suspension of access to the service of the website, or even the termination of his Member Account depending on the degree of seriousness of the acts in question, without prejudice to any damages that SAMKRAFT may claim. As a result, SAMKRAFT reserves the right to refuse any order from a Member with whom there is such a dispute.
Article 4 - Product compliance
4.1. The information mentioned on each product sheet is that communicated to the website by the suppliers from whom the products or services are acquired. SAMKRAFT will make its best efforts to ensure that the photographic representation of the products or services on the website is as faithful as possible to the products or services themselves.
However, given the way in which goods or services are presented digitally on the Internet, it is possible that the Member's perception of the photographic representation of the goods or services does not correspond exactly to the product or service itself.
4.2. In the event of non-conformity of the product or service delivered to the Member, the Member may return it to SAMKRAFT by following the procedure set out in the "Help & Contact" section accessible on the Website. The Member may request from the website:
- Or to be delivered with a product or service identical to the one ordered, within the limits of available stocks
- Or to be delivered of a product or service of equivalent quality and price, within the limits of available stocks
The costs of returning the product ordered and delivered to the Member, as well as the possible delivery of another product will be borne by the Member.
4.3. In any event, these provisions do not deprive the Member of the benefit of his right of withdrawal, as framed by Article 9 of these General Terms and Conditions of Sale.
Article 5 – Availability of products and services
In the event of total or partial unavailability of a product or service after placing the order, the Member will be informed by email of the delivery of a partial order or the cancellation of his order. Pursuant to the provisions of Article L 121-20-3 of the French Consumer Code, in the event of unavailability of the product or service, the Member has the right to:
- Or to be delivered with a product or service of equivalent quality and price, within the limits of available stocks
- Or to be reimbursed for the price of the product or service ordered within 30 days of its request.
The cost of delivering a new product or service will be borne by the website.
Article 6 - Payment
All orders placed, validated and received are due to the website and therefore to the company SAMKRAFT.
6.1 Payment for purchases is made by several means:
- Payment Cards:
The following payment cards are currently accepted: CB, Visa, MasterCard.
Following the date of the order, a request to debit the Member's bank account will be sent within 3 days to the Member's bank.
- Wire transfer
- Bank cheque payable to SAMKRAFT:
In the case of payment by cheque, the order will be processed as soon as it is cashed and validated by the banking institutions.
- Administrative mandate (for communities only):
By contacting us, we will be able to draw up the payment by mandate.
The mandate must be made payable to SAMKRAFT: 9 AV FOCH 75116 PARIS 16
The order will be considered effective after confirmation of the agreement of the bank payment centers.
In accordance with current regulations and to ensure the security and confidentiality of their information, the website does not store the banking details of its Members. It is therefore the Member's responsibility to register and print their payment certificate if they wish to keep their bank and transaction details.
6.2 Unless otherwise stated, payments are due within 30 days.
6.3 The sale of supplies shall be established in the form of a "forward sale". All supplies will only be acquired by the customer when they have been paid for in full. Until this date, SAMKRAFT retains full ownership of its equipment, which remains non-transferable by the customer and unseizable by the latter's creditors.
6.4 In the event of non-payment within the agreed deadlines, in accordance with Article L. 441-6 of the French Commercial Code, late payment penalties will be due for non-payment on the day following the payment date that appears on the invoice without prior notice. The interest rate on these late payment penalties is 25% per year.
6.5 In the event of late payment, debts that have fallen due or are due immediately become due.
6.6 As a guarantee until full payment and in the event that the client fails to meet his financial commitments, SAMKRAFT reserves the right to recover the funds that remain due to him by any means at his convenience, including the recovery of his supplies. It is expressly stipulated here that it will then keep as a lump sum compensation for the damage suffered, the sums that the client may have paid it in payment.
Article 7 - Security
Our site is subject to a security system
We have adopted the SSL encryption process, but we have also strengthened all the scrambling and encryption processes to protect all sensitive data related to payment methods as effectively as possible.
Article 8 - Delivery
8.1 The products or services will be sent to the delivery address indicated by the Member during the ordering process by carrier. It will then be necessary for the member to know the date of his visit to the agreed place of delivery.
8.2 For all orders under €300 excl. VAT, a flat-rate contribution to shipping costs of €9.95 excl. VAT will be charged.
Delivery costs will be borne by the website for all orders over €300, except for costs relating to returns (see Article Withdrawal).
When an order is shipped, the website sends an original invoice including delivery costs and VAT by email or post if applicable.
8.3 Delivery time
Delivery times will be determined with the carrier according to the type of goods to be delivered and are subject to variation.
8.4. Delay in delivery
SAMKRAFT cannot be held liable for late delivery.
8.5. Partial delivery
In the event of partial delivery, the Member will be notified by any means and will receive a second letter or email when the rest of the goods are shipped.
8.6. Delivery made Each delivery is deemed to have been made as soon as the product or service is made available to the Member, in particular by the carrier, materialized by the control system used by the carrier.
8.7 In any case, the risks pass to the buyer ex warehouse even if SAMKRAFT takes care of the shipment.
Article 9 - Reception
9.1. The customer must check on receipt the conformity of the products delivered to the products ordered, the absence of apparent defects, the condition and quality of the products delivered by opening any package in the presence of the delivery person whose appearance is doubtful or presents breakage noises.
9.2. In the event of deterioration or missing, the customer must describe and list the products, in the form and within the time limit prescribed by the Commercial Code on the slip presented by the carrier. Imprecise or systematic reservations, such as: "subject to unpacking", "subject to quantity and quality control" etc. Stamped on the transport receipt are null and void and have no legal value.
If no complaint or reservation is made in this respect by the customer on the day of receipt of the products. The said products can no longer be taken back or exchanged, in accordance with the provisions of Article 1642 of the Civil Code.
9.3. The customer is required to confirm his justified reservations to the carrier by registered letter, posted within three working days following that of receipt of the goods (art.105 of the Commercial Code) 9.4. In the event of delivery of products recognised as defective by SAMKRAFT, SAMKRAFT is only liable for the outright replacement of these products.
Article 10 - Right of withdrawal
Articles 121-20 to L121-20-2, L121-20-4 and R121-1-2 of the Consumer Code define that the consumer has a period of 7 clear days to change his or her mind about his or her purchase in a distance purchase contract with a professional.
Unless the trader grants it to the consumer, the right of withdrawal may not be exercised for supply contracts:
- services the performance of which has begun, with the consumer's consent, before the end of the withdrawal period,
- goods or services whose price depends on financial market rates,
- goods made according to the specifications requested by the consumer or clearly personalised (e.g. custom-made furniture),
Similarly, the Member will not be able to exercise his/her right of withdrawal concerning the products and services referred to in Article L. 121-20-4 2° of the Consumer Code, i.e. accommodation, transport, catering and leisure services that must be provided on a specific date or at a specific periodicity, and these will therefore not be subject to any refund, the said services being in any event designated as such to the Members before the conclusion of the sale, in the technical data sheets.
Before starting any withdrawal procedure, the member must submit his request to customer service with the reasons for his desire to withdraw to the following address: contact@samkraft.com
They have 5 working days from receipt of their order to request a return.
In the event of an accepted withdrawal, the buyer undertakes, at his own expense, to return the unused goods in their original packaging to the website at the address indicated by SAMKRAFT customer service.
In return, the website undertakes to reimburse or credit the buyer with a credit note corresponding to the amount excluding tax of the goods purchased. The website is the sole decision-maker as to the choice of refund or to have previously quoted.
Article 11 - Customer Service
For any information or questions, our customer service is at your disposal:
01.85.76.12.84 Price of a local call.
Article 12 - Guarantees
The website, at the Member's choice, undertakes either to reimburse the Member for the price of the product or service, or to exchange the Member's product or service for an identical product or service according to the available stocks, or to exchange a product or service for a product or service of equivalent quality and price according to the available stocks in the event of delivery of a non-compliant product and in the event of a delivery of a product or service that reveals a latent defect.
For any request of this type, the Member must then contact Customer Service.
Article 13 - Intellectual Property
All images, textes or various illustrations are the property of SAMKRAFT and its website. Any use without prior authorization by our managers may be subject to legal action.
Article 14 - Responsibilities
SAMKRAFT and its website disclaim all responsibilities and cannot be held liable in the event of:
- Loss of data from the Company's member's account
- Fraudulent hacking of the bank card during payment
- Late delivery
The products offered comply with the French legislation in force. SAMKRAFT cannot be held liable in the event of non-compliance with the legislation of the country where the product is delivered (for example, in the event of a title being banned, etc.).
It is your responsibility to check with the local authorities about the possibilities of importing or using the products or services you plan to order.
Article 15 - Applicable law
These General Terms and Conditions of Sale in the French language shall be executed and interpreted in accordance with French law.
In the event of a dispute, the Member shall first contact SAMKRAFT to obtain an amicable solution.
Otherwise, the French courts will have sole jurisdiction.
Article 16 - Arbitration Clause or Alternative Dispute Resolution Methods
The parties (SAMKRAFT and the Member concerned) agree to resort to arbitration to settle all disputes that may arise for any reason whatsoever in connection with this contract, including its validity.
The arbitration shall be conducted by three arbitrators. The party wishing to initiate the arbitration procedure shall notify the other party by registered letter with acknowledgement of receipt of its intention to avail itself of this clause and shall indicate the name, address and occupation of the arbitrator it designates. The other party will then have a maximum period of 15 days, from the first presentation of the said letter, to inform the applicant of the name, address and profession of the arbitrator it designates, by registered letter with acknowledgement of receipt.
The two arbitrators so appointed shall be joined by a third arbitrator, at the latest within 15 days of the last appointment. In the event that the respondent fails to appoint an arbitrator within the above deadlines, or in the absence of agreement between the arbitrators on the appointment of the third arbitrator, as in the event of refusal or impediment by one of the arbitrators, and more generally in the event that the arbitral tribunal cannot be constituted, the appointment of the arbitrator(s) shall be made by [indicate the competent court], which will be seized by the most diligent party.
Article 17 - Personal data
SAMKRAFT undertakes to respect the confidentiality of the personal data communicated by Members on the Website and to process them in compliance with the Data Protection Act of 6 January 1978.
SAMKRAFT informs the Member that this data will be used by its internal departments and/or those of its subsidiaries:
- To inform your Member of upcoming sales and events, by sending invitation emails, etc.
- For the processing of the Member's order,
- To strengthen and personalise communication, in particular by sending newsletters, special offers (including contests, games, etc.) and special emails as part of the personalisation of the Website according to the preferences observed by Members.
In addition, SAMKRAFT informs that each member has the possibility to unsubscribe from our database by simply tomorrow with our services.
Article 18 - Miscellaneous
In the event that any of the terms of the General Terms and Conditions of Sale are considered illegal or unenforceable by a court decision, the other provisions will remain in force.
Retention of title and settlement
Pursuant to Law No. 80.135 of 12 May 1980, SAMKRAFT retains ownership of the goods sold until full payment of their sale price, ancillary costs and taxes.
The buyer will bear the risk in the event of loss or destruction, as soon as the goods are delivered.
Article L211-4 of the French Consumer Code
The seller is obliged to deliver goods that comply 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 L211-5 of the French Consumer Code
To comply with the contract, the property must:
- Be fit for the use usually expected of a similar property and, if applicable:
• Correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model.
• present the qualities that a buyer can legitimately expect in the light of public statements made by the seller, the producer or his representative, in particular in advertising or labelling.
- Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. Note: Order 2005-136 2005-02-17 s. 5: The provisions of this Ordinance apply to contracts entered into after the coming into force of this Order.
Article L211-12 of the French Consumer Code
The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods.
Article 1641 of the French Civil Code
The seller is bound by the warranty in respect of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish that use, that the buyer would not have acquired it, or would have given only a lower price for it, if he had known of them.
Article 1648 paragraph 1 of the Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
PERSONAL DATA PROTECTION POLICY (GDPR)
Welcome to SAMKRAFT, your trust is our priority. As part of our commitment to transparency and privacy, we have developed this Privacy Policy in accordance with the European Union's General Data Protection Regulation (GDPR).
1. Data collected
We collect different categories of personal data, such as names, addresses, email addresses, payment information, etc., for the purpose of providing services, processing orders, sending newsletters, etc.
2. Legal Basis for Processing
The processing of your personal data is based on [indicate legal basis, e.g. consent, performance of a contract, legitimate interest].
3. Data Retention Period
We retain your personal data for the period necessary to fulfil the purposes for which it was collected. Once this period has expired, we are committed to securely deleting your data.
4. Security Measures
We implent technical and organizational security measures to protect your personal data from unauthorized access, disclosure, alteration and destruction.
5. Rights of Data Subjects
In accordance withe the GDPR, you have the right to access your data, rectify it, delete it, restrict its processing, object to the processing, as well as the right to data portability. To exercise these rights, please contact us at contact@samkraft.com
6. Data Transfers
In the event that we transfer your personal data outside the European Union, we put in place the necessary mechanisms to ensure adequate protection of your data.
7. Cookies and Online Tracking
Our site uses cookies and other similar technologies to improve your online experience. To find out more about the use of cookies and how to manage them, please see our Cookie Policy.
8. Data Protection Officer (DPO)
We have appointed a Data Protection (DPO) who you can contact at contact@samkraft.com with any questions or concerns relating to data protection.
Thank you for trusting SAMKRAFT. We are committed to processing your personal data with the utmost care and in compliance with the regulations in force.