General Terms and Conditions of Sale for Individual Customers

The company KUBII, a simplified joint stock company (SAS) with a share capital of €100,000, registered with the Lyon Trade and Companies Register (RCS) under number 808 140 313, whose registered office is located in Lyon: 46 Chemin de La BRUYERE 69570 DARDILLY

e-mail: contact@kubii.com

GENERAL TERMS AND CONDITIONS OF SALE FOR INDIVIDUAL CUSTOMERS

Article 1 : Scope, Purpose and Modification of theTerms and Conditions of Sale

KUBII is an online retailer specializing in do-it-yourself (D.I.Y) computer and electronic hardware and components. The purpose of these General Terms and Conditions of Sale is to define the contractual relationship between the company KUBII and the consumer customer, which is you, regarding the sale of products offered by the company KUBII.

The general terms and conditions of online sale on the website www.kubii.com on the day of the order apply to all orders placed on the website www.kubii.com. Before placing your order, you will be prompted to review the general terms and conditions of sale by checking a box on the website. By clicking the order confirmation, you acknowledge that you have reviewed the terms and conditions online on the day of the order and fully accept them without any reservation.

The company KUBII reserves the right to adapt or modify these general terms and conditions of sale at any time. In the event of a modification, the general terms and conditions of sale in force on the day of the order will be applied to each and every order.

Article 2 : Orders

2.1 - Information about products

The products offered for sale on the website are detailed to provide you with information about their essential characteristics and their suitability for your needs. Consequently, you are deemed to have received all the information regarding the sale of the product, and you acknowledge having verified the adequacy of the sales service of products offered by the company KUBII to your needs. You have also received all necessary information prior to placing an order, including details about the essential characteristics of the products, prices, execution or delivery times, and legal and contractual warranties.

You are responsible for the information you provide to the company KUBII, and for its completeness, assuming all technical, economic, and legal consequences in case of inaccurate or missing information.

The decision to purchase a product is entirely your own.

Our product offers and prices are subject to stock availability or product availability from the supplier. When ordering products from the supplier, you will be advised of the estimated delivery times.

For products in stock, if a product is out of stock before you place your order, the 'Out of Stock' signal will be displayed on the website www.kubii.com.

The website www.kubii.com specifies:

• - Essential product characteristics: description, technical specifications,
• - Financial conditions: prices including taxes, possible participation in shipping
• and delivery costs,
• - Delivery terms: delivery of a product by postal service or through a means of
• transportation,
• - Indicative delivery date,
• - Warranties and after-sales services.

It is your responsibility to inquire with the local authority of your country about any potential import or usage limitations for the products you intend to order.

Les renseignements portés sur les catalogues, notices, barèmes ou autres documents, ne sont donnés qu'à titre indicatif et n'engagent pas le vendeur. Sauf spécification contraire, les produits commercialisés par le vendeur sont originaires d'usine et sont vendus en l'état sans transformation. Les photos fournies sont non contractuelles.

2.2 - Order Placement

Orders for products are placed directly on the kubii.com website.

By placing an order, you acknowledge that you have full legal capacity and that you will abide by these general terms and conditions of sale.

Before placing an order, the Customer must identify him/herself on his/her pre-created "Customer Account" with a login and password for secure access. The Customer must complete information about the product ordered, the contact email address, the delivery address, the delivery method and the payment information in the Customer Account.

The customer is responsible for the accuracy of the information provided to KUBII and for keeping it up to date. The customer must notify KUBII of any errors immediately upon receipt of the order confirmation.

Each order can be modified by the customer before the final validation "click".

Once the order has been validated by the customer, no changes can be made.

2.3 - Order confirmation : formation of the contract

The contract will only be concluded upon receipt of the confirmation email from KUBII.

Upon receiving your order and its payment, we verify the availability of the ordered product(s).

The confirmation of your order will be sent to you by email with the indicative delivery date.

If the product is unavailable after your order is placed, we will inform you by email that your order cannot be confirmed by the company KUBII in its current state, specifying the product's availability date, and offering either an additional time for the order, an equivalent product, or a refund.

In the absence of receipt of the full payment, the order cannot be confirmed by the company KUBII. 

The company KUBII reserves the right to refuse an order that appears abnormal or incomplete, in case of a dispute over a previous order, in cases of bad faith or fraud by the customer.

Article 3 : Prices, payment methods and security

3.1 - Prices

The prices are indicated on the website www.kubii.com in euros, net, including VAT and excluding delivery charges.

The amount of delivery charges is calculated automatically based on each order and is displayed on the summary of your order before your final validation.

For deliveries outside the French territory, the provisions of the General Tax Code related to VAT apply.

We inform you that any order delivered outside metropolitan France may be subject to local taxes, customs duties, etc., which will be your responsibility in addition to the agreed-upon price.

Invoices are sent to you exclusively by email.

3.2 - Payment methods

Payment can be made by credit or debit card, bank transfer or Paypal.

Payment is not considered complete until the amounts owed are actually collected.

You guarantee to the company KUBII that you have all the required authorizations to use the chosen payment method.

Payment by credit/debit card is secure, and your order will be recorded and validated as soon as the bank accepts your payment.

The details of your credit/debit card are encrypted using the SSL (Secure Socket Layer) protocol.

As KUBII does not have access to your bank details, which are not recorded, you will need to enter these details each time you place a new order on our site.

Article 4 : Transfer of risk

In accordance with Article L.216-2 of the Code de la consommation, any risk of loss or damage to the goods is transferred to you at the moment when you or a third party designated by you physically takes possession of these goods.

According to Article L.216-3 of the Code de la consommation, when you entrust the goods to a carrier other than the one proposed by the company KUBII, the risk of loss or damage to the goods is transferred to you upon delivery of the goods to the carrier.

Article 5 : Products delivery

5.1 - Terms of delivery

Delivery is made at the front door by the services of La Poste or one of our carriers.

The products are delivered to the delivery address you provided during the ordering process.

In case of an error in the recipient's address information, KUBII Company cannot be held responsible for the impossibility of delivering the product.

Preparation and delivery costs are always clearly indicated when you place your order.

5.2 - Delivery times and delays

5.2.1 Delivery times

The delivery times are indicated for each product when ordering, and these times are average times given for reference. They correspond to the processing, preparation, and shipping times of your order (departure from warehouses).

Any item available in stock is typically shipped within 10 business days from the day KUBII confirms your order.

The maximum delivery time for the product is 30 days from the day KUBII confirms your order.

5.2.2 Delivery delay

Except in case of force majeure, if there is no delivery within the 30-day maximum delivery period, you have the option to formally demand, through registered mail with acknowledgment of receipt, that the company KUBII completes the delivery within an additional reasonable period of 15 days.

If KUBII does not fulfill the delivery within this 15-day period from the receipt of the formal demand letter, you may notify KUBII of the contract resolution through registered mail with acknowledgement of receipt.

The contract resolution will take effect on the day of receiving the resolution letter sent by registered mail with acknowledgment of receipt, unless KUBII has fulfilled its obligations in the meantime.

KUBII will refund the amounts received for the order payment, no later than fourteen days following the date of contract resolution.

You have a maximum of one month from the delivery deadline to formally demand that KUBII delivers the order. After this period, no claims will be accepted.

5.3 - Receipt of products and apparent condition

Upon receiving the products :

• - You must check the apparent condition of the delivered products before signing the carrier's delivery note,
• - You must indicate on the delivery note, in the form of handwritten reservations accompanied by your signature, any anomaly concerning the delivery (e.g., damaged product, missing product, breakage, etc.). This verification is considered done as soon as you or a person authorized by you signs the delivery note,
• - If you observe that the products are damaged, you must refuse the package and note a reservation on the delivery slip (package refused because it is open or damaged),
• If the original packaging is damaged, torn, or open, you must then check the condition of the items. If they have been damaged, you must refuse the package and note a reservation on the delivery note (package refused because it is open or damaged),
  
• - You must notify us by email ([email protected]) and by registered letter with acknowledgement of receipt (LRAR) of any anomalies, as well as your intention to return the delivered product on which the anomaly is observed, no later than 3 business days following the receipt of the item(s). Please send your reservations and any supporting documents for the observed anomalies (photographs, notes on the delivery slip, invoice, etc.). Any claim made outside of this timeframe cannot be accepted. The return of the product will only be accepted for products in their original condition (packaging, accessories, instructions). No product accepted upon delivery can be returned without the prior agreement of the company KUBII.
• - You must confirm your reservations by extrajudicial act or by registered letter with acknowledgement of receipt to the carrier no later than 3 business days following the receipt of the item(s) and provide a copy of this letter to the customer service of the company KUBII.

Article 6 : Guarantees

6.1 - The legal guarantee of conformity

The company KUBII guarantees, in accordance with the provisions of Article L217-4 and following of the Code de la consommation, the conformity of the purchased products to the contractual stipulations.

You have a period of 2 years from the delivery of the ordered product to invoke the legal warranty of conformity in case of a defect appearing after the delivery of the product, in accordance with the provisions of Articles L 217-1 to L217-32 of the Code de la consommation.

You can choose between the repair or replacement of the product, subject to the cost conditions provided for in Article L. 217-9 of the Code de la consommation.

6.2 - Guarantee against visible defects

The company KUBII is held responsible for visible defects in the delivered products only if you adhere to the conditions specified in articles 5.3 and 6.5 of these General Terms and Conditions of Sale.

6.3 - Guarantee against hidden defects

You benefit from the legal warranty for hidden defects, in accordance with articles 1641 to 1649 of the Code Civil, for a duration of two years from the discovery of the defect.

You have the option to choose between the exchange of the product affected by the defect with a new product (subject to stock availability), the resolution of the sale, or the retention of the product with a possible reduction in price.

6.4 -Guarantee for defective products

The company KUBII cannot be held responsible for any failure of the manufacturer within the scope of this warranty for the sale of products for which KUBII is not considered the producer as defined in Article 1245-5 of the Code Civil.

When the company KUBII is considered the producer within the meaning of Article 1245-5 of the Code Civil, it will be liable for damage caused by a defect in its product if you demonstrate the damage, the defect, and the causal relationship between the defect and the damage, except in cases provided for in Article 1245-10 of the Code Civil.

A product is considered to be defective when it does not provide the safety that one is legitimately entitled to expect.

6.5 - Warranty conditions and exclusions

The warranties apply only if you demonstrate that the defect or flaw existed at the time of the transfer of risks.

Warranties can only be applied in the case of a duly justified and documented complaint made by the customer by registered letter with acknowledgment of receipt within the legal and contractual deadlines.

The purchase invoice must be transmitted imperatively.

Minor differences between the ordered product and the delivered product are insignificant defects that are accepted by the customer and cannot be the subject of a complaint.

Notification of defects observed by the customer does not entitle to a partial or total withholding of the invoice amount.

Upon receiving our agreement regarding the product return, you have 7 working days to return the product to the address that will have been previously indicated. The costs and risks associated with the return will be at your own expense.

The product must be returned in its original packaging, in perfect condition, and accompanied by all original accessories.

After this 7-day period, your return will be refused. The return must be made with a tracked package through postal services. We decline any responsibility in case the package does not reach us.

Regarding the returned product, it will be refunded or exchanged according to your request and the available stocks. If a refund is to be made, it will be done as soon as possible.

Any product returned without our agreement cannot lead to a refund or exchange of goods.

Warranties cannot be implemented if the fault lies with you or if you knowingly and in writing accept the risks.

For instance, if the product has been damaged or only partially returned, we cannot process any exchanges or refunds.

The liability of KUBII is limited to the exclusive tax price of the merchandise in question. Defects resulting from improper assembly or abnormal use or negligence of the consumer are excluded from any warranty. Any use of our products that does not comply with the instructions provided in the user manual completely releases our liability.

Also excluded from any warranty are :

• - Failures resulting from the modification of the original construction and characteristics of the device,
• - Failures affecting parts that do not conform to those recommended by the manufacturer,
• - The contents of the devices. The term "contents of the devices" refers not to the components of the devices but to the products that could, for example, be stored in a refrigerator, a freezer, etc.
• - Adjustments accessible to the user without dismantling the device,
• Costs of commissioning, adjustment, cleaning, and tests not resulting from a covered damage,
• - Non-compliance with the manufacturer's instructions and use for professional or commercial purposes,
• - Any damage or repairs to the device that occur after being serviced by an unauthorized repairer will not be covered by the manufacturer's warranty.
• - Temporary or makeshift repairs, as well as the consequences of any worsening of the damage resulting from them,
• - Damages due to corrosion, improper connection, or power supply issues,
• - Damages due to a power supply problem, meaning not an internal power supply problem within the product but external to it. For example, if there is a connection to a defective outlet, the warranty will not apply.

Article 7 : Withdrawal

You have a period of fourteen days to exercise your right of withdrawal with our Customer Service, without having to justify reasons or pay penalties, except for the return costs.

The right of withdrawal can only apply to new, unused products.

The period for returning the ordered product(s) is fourteen working days from the date of receipt by you or a third party designated by you.

You then have a period of 14 days from your notification of withdrawal to return the product, with the return costs being at your expense.

The product must be returned in its original packaging, in perfect condition, andaccompanied by all original accessories. Otherwise, a refund cannot be issued.

The refund will be made within 14 days following the receipt of the products covered by the right of withdrawal.

The right of withdrawal is excluded concerning contracts covered by Article L 221-28 of the Code de la consommation.

You can exercise your right of withdrawal by informing the company KUBII within the deadline through one of the means specified in Article L 221-21 of the Consumer Code, including via the withdrawal form below :

Article 8 : Obligations and liabilities

8.1 - KUBII's obligations and limitation of liability

The company KUBII undertakes to implement the necessary means to carry out the services agreed upon in the contract and to conduct its mission in accordance with the rules of the trade and the regulations in force.

The Products sold comply with the regulations and standards in force in France and/or in the European Union at the date of their delivery.

The company KUBII holds professional liability insurance, which it can provide upon your simple request.

The company KUBII reserves the right to interrupt, at any time and temporarily, the service in case of non-payment or other breaches of these Terms and Conditions.

The responsibility of the company KUBII cannot be engaged in case of non-performance or improper performance of your contractual obligations.

The responsibility of the company KUBII cannot be engaged in case of refusal to execute an order contrary to the law or public order or ethics.

The company KUBII cannot be held responsible for any damages resulting from the use of the internet network, such as, in particular, data loss, intrusion, viruses, service suspension, fraudulent use of a credit card.

The company KUBII cannot be held responsible for supply problems or stock management in stores. In this case, the company KUBII will make new product proposals to you or proceed with the cancellation of the order.

The responsibility of the company KUBII cannot be engaged in the event of misuse, negligence, or lack of maintenance on your part, in the case of normal wear and tear of the product, an accident, or force majeure.

The responsibility of the company KUBII is excluded for any damage resulting from the use of the product not in accordance with its intended purpose and in case of inadequacy of the product with the use made by you.

The responsibility of the company KUBII is limited to the material, foreseeable, and direct damages that you suffer. Consequently, all indirect damages cannot give rise to compensation.

The responsibility of the company KUBII arising from the contractual relationship with you, whatever the reason (tort, contractual, other), is limited to the total amount of the invoice related to the damage.

8.2 - Customer obligations

You undertake to provide the company KUBII with all the necessary information for the completion of the sale of products, especially regarding your identity, email address, delivery address with any access codes, and the day of delivery, the chosen product(s), and their quantity.

As a result, you are solely responsible for the information you provide to the company KUBII and its completeness, and you bear all technical, economic, and legal consequences in the event of inaccurate or missing information.

You undertake to perform the contract with the utmost loyalty. In particular, you undertake to cooperate actively with the KUBII Company in order to allow the proper performance of the contract by the latter, in particular by communicating the elements and information necessary for the proper performance of the service.

The choice to purchase a product is entirely your responsibility.

The total or partial inability to use the products, particularly due to hardware incompatibility, cannot give rise to any compensation, refund, or hold the company KUBII liable, except in the case of proven hidden defect, non-compliance, or defectiveness.

You are solely responsible for protecting the username and password you have chosen for creating your account on the website, and you will bear the consequences of any third-party use.

You commit to using the ordered product following the manufacturer's instructions in the user manual, as well as performing the necessary maintenance recommended by the manufacturer to ensure its proper functioning. You must keep the invoice, original packaging, and all manuals and accessories related to the purchased product.

For any exported purchase, you must verify the specific regulations in force in the concerned country, including taxes, declarations, prohibitions.

The responsibility of the company KUBII cannot be engaged in case of non-compliance with the legislation of the country to which the product is delivered. It is your responsibility to check with local authorities regarding the possibilities of importing or using the products and services.

Article 9 : Force Majeure

The company KUBII can release itself from its contractual obligations towards you or suspend their execution without compensation in the event of force majeure.

Force majeure is defined as any event beyond the control of the debtor, which could not have been reasonably foreseen at the time of contract formation, and whose effects cannot be avoided by appropriate measures, preventing the debtor from fulfilling their obligation, in accordance with Article 1218 of the Civil Code.

Article 10 : Intellectual property

All elements of the website kubii.com, commercial, technical, and administrative documentation of the company KUBII (photographs, illustrations, videos, pictograms, descriptions, logos, trademarks, corporate name, trade name, domain name, software, etc.) are and remain the intellectual property and exclusive ownership of the company KUBII.

The reproduction, representation, exploitation, rebroadcasting, or use in any manner, even partially, of the elements of intellectual property, whether software, visual, or auditory, is subject to the express and prior authorization of the company KUBII, the holder of all intellectual property rights.

This contract does not constitute a transfer of intellectual property rights.

All documents provided by the company KUBII are intended for your personal use, prohibiting any reproduction, partial or total assignment, whether for consideration or free of charge, of these documents.

Article 11 : Severability and waiver clause

The failure of the company KUBII or the Customer to enforce the provisions of these General Terms and Conditions (GTC) could in no way be considered a waiver of these provisions, nor affect the validity of the contract and GTC in any manner. The same applies if one of the parties does not invoke any of the clauses in these GTC.

If a provision of the contract, including these GTC, is or becomes legally ineffective, invalid, and/or void or unenforceable, the validity of the other provisions will not be affected.

Article 12 : KUBII protects your personal data

Any correspondence between you and the company KUBII must mention the order number. All contractual information between you and the company KUBII must comply with the requirement of written form.

In the context of their contractual relationship, the parties hereto undertake to comply with the applicable regulations for the processing of personal data (DCP), and, in particular, Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, concerning the protection of individuals with regard to the processing of personal data and on the free movement of such data (RGPD), applicable from May 25, 2018.

All your personal data collected by the company KUBII may be used for the execution of the contract, to send commercial prospecting letters and emails, newsletters, promotional offers, and/or information on special sales unless you have informed us in writing that you do not wish to receive such communications. The personal data collected by the company KUBII is subject to processing and will remain strictly confidential. They will not, under any circumstances, be sold, given, or rented to third parties without your prior consent, except to allow the execution of the contract (e.g., carrier, subcontractor, supplier) or in case of a legal or judicial obligation requiring it to do so.

Les données personnelles collectées par la société KUBII font l’objet d’un traitement et resteront strictement confidentielles et ne pourront en aucun cas être vendues, données ou louées à des tiers sans votre accord préalable, sauf pour permettre l’exécution du contrat (ex : transporteur, sous-traitant, fournisseur) ou en cas d’obligation légale ou judiciaire lui enjoignant de le faire.

By placing an order, you acknowledge having been informed that your personal data may be transmitted to the third party “Avis Vérifiés” for the purpose of collecting your opinion following your order. “Avis Vérifiés” will use your Personal Data exclusively within the framework of its Solution and for its sole needs. Avis Vérifiés formally refrains from disclosing to anyone personal or nominative information allowing the identification of the Consumer or infringing upon the respect of their privacy. You have the option to object to the dissemination of this information to Avis Vérifiés via the following address: [email protected].

In accordance with the Data Protection Act of January 6, 1978, and the General Data Protection Regulation (RGPD), the company KUBII undertakes to take all necessary precautions to preserve the security, integrity, and confidentiality of your personal data. The company KUBII cannot be held liable under the contract if compliance with the RGPDwere to prevent the execution of a service.

The company KUBII undertakes not to transfer personal data outside the EU due to the insufficient level of protection of personal data.

The purpose of the processing of personal data is related to the commercial proposal, the execution of the contract, the management of commercial relations and invoices, the improvement of the quality of the services offered, for the strictly necessary duration for these objectives.

You have the right to access, rectify, delete, oppose, and port your data concerning you upon a simple written and signed request to the following email address: [email protected], indicating your names, first names, address, and customer reference. A response will be sent to you within one month from the receipt of the request. You are informed of your right to appeal to the competent administrative authority if you believe that your rights have not been respected.

Access credentials are strictly personal and confidential and are under your sole responsibility. Any connection/operation made through your credentials is deemed to be done by you. The company KUBII disclaims all responsibility in case of the use of online services by a third party using your personal credentials.

To learn more about the management of your personal data, you can click on this link: https://www.kubii.com/en/content/260-privacy-policy

Article 13 : Language- Disputes

These General Terms and Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.

Any dispute between you and the company KUBII, arising from or relating to the contractual relationship, is exclusively subject to French law.

Only French courts shall have jurisdiction.

However, prior to any legal action, the parties shall attempt to settle the dispute amicably.

After attempting to resolve the dispute amicably through a written complaint sent by registered mail with acknowledgment of receipt to the company KUBII, you are informed that, in accordance with the provisions of Article L612-1 of the Code de la consommation, you have the possibility to freely resort to a consumer mediator for the amicable resolution of the dispute between you and the company KUBII, via the FEVAD (Fédération du e-commerce et de la vente à distance), whose contact information is as follows: Médiateur de la consommation FEVAD, BP 20015- 75362 PARIS CEDEX 8- https://www.mediateurfevad.fr. This Mediation Service can be contacted for any consumer dispute that has not been resolved

For European consumers located in a European country other than France, there is an online dispute resolution platform : https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&Ing=fr

The consumer mediator must be contacted, under penalty of inadmissibility, no later than within one year from the receipt of the written complaint.

Article 14 : How to contact us

 To contact the Customer Service of Kubii, you have three options :

• - By email through our contact form,
• - By postal mail: KUBII, Customer Service, 46-48 Chemin de la Bruyère, 69570 Dardilly,
• - By phone (+33) 09 72 62 43 30.

Attention: to optimize the processing of your requests, please specify after the mention "Customer Service" the purpose of your letter :

• - Deregistrations,
• - Refunds,
• - Supporting documents,
• - Information request,
• - Carriers,

In your letter, please also provide your name, first name, email, and order number.