1 General terms
1.1 These General Terms and Conditions of Business shall apply only to commercial entrepreneurs and legal entities under public law (hereafter called "customers"). The following General Terms and Conditions of Business in their respective valid version shall apply to all kinds of business relationships between Kameha SARL and the customer. Deviating or contradictory terms and conditions or General Terms and Conditions of the customer shall not be recognized unless a written agreement on the part of Kameha SARL for the recognition of other terms and conditions has been provided. Such a recognition agreement on the part of Kameha SARL is invariably limited to a period of 12 months. Upon the expiry of such period, the recognition agreement must be renewed in order to secure its validity.
1.2 All offers, regardless of whether they are provided by telephone, fax, internet, email or other manner only become binding upon Kameha SARL when they have been confirmed in writing by an order confirmation (not a confirmation of receipt of order), the goods have been dispatched and/or an invoice has been sent to the customer.
1.3 Kameha SARLs offers are directed exclusively towards commercial customers. A valid proof of business registration is required in order to register as a customer. Consumers in the sense of the law are excluded from Kameha SARLs offers.
2 Delivery
2.1 Deliveries shall be made at the risk and cost of the customer. As soon as Kameha SARL has handed over the goods to a forwarding company, the risk passes to the customer. This also applies to partial deliveries. Kameha SARL shall then only be at fault where it or its vicarious agents are liable due to deliberate intent or gross negligence. Deliveries will be sent to the delivery address specified by the customer. In the absence of special agreements, Kameha SARL shall choose the method of shipment at its own discretion. The risk of the accidental deterioration of the sold goods, even in case of delivery to a third party, shall pass to the purchaser upon dispatch by Kameha SARL.
2.2 Insofar as Kameha SARL bears the risk until the goods reach their destination on the basis of separate agreements, the risk shall pass to the customer upon the handover of the goods at the first unloading point in the place of destination.
2.3 Deliveries shall be made subject to our receiving timely and correct deliveries from our own suppliers. Where Kameha SARL cannot provide the service owed, even although it has concluded a matching covering transaction, shall be released from its obligation to provide the service. This shall only apply where Kameha SARL has not brought this circumstance about through its own fault and its supplier is not prevented from providing his services only temporarily. In such a case, the customer shall be notified immediately. Reciprocal services which may already have been provided by the customer shall be reimbursed without delay. Further claims by the customer against Kameha SARL are excluded.
2.4 As a matter of principle, information concerning delivery times is non-binding. The period for providing service shall be extended upon the occurrence of unforeseen obstacles out with our control, e.g. operational disruptions, delays in deliveries of essential materials to us insofar as such obstacles can be proven to have a significant influence on the delivery of the contractual goods and we are not responsible for them. This shall also apply even where such circumstances arise at our supplier's facilities. The period for providing service shall be extended in accordance with the duration of such measures and obstacles. We shall not be liable for such aforementioned circumstances even where they arise during a period of delay which has already arisen.
2.5 Partial deliveries are permissible within the delivery times advised insofar as the customer suffers no disadvantages through lack of use.
2.6 Claims against Kameha SARL for compensation for damages due to non-fulfillment or delay are excluded insofar as such non-fulfillment or delay is not due to deliberate intent or gross negligence.
3 Prices and shipping costs
3.1 Insofar as they are not explicitly marked otherwise, all prices are cash payment prices plus the legal rate of VAT plus possibly arising packaging and shipping costs and fees.
3.2 Kameha SARL current packaging and shipping costs shall apply upwards of a net goods value amounting to EUR 200.00. An additional handling fee of EUR 12 Eur plus the legally applicable rate of VAT shall be charged per delivery to France and Corsica, for Germany and Belgium: net goods value amount from EUR 300, with shipping fees 15 EUR and Switzerland net good values amount from 400 EUR with shipping fees 25 EUR.
3.3 Discounts must be agreed separately in writing.
3.4 Price changes within the framework of a purchase agreement are permissible where more than 4 weeks lie between contract conclusion and the agreed delivery date. Should wages, material costs, exchange rates or purchase prices available in the marketplace increase within this period, Kameha SARL shall be entitled to increase its price appropriately in accordance with such cost increases. The customer is only entitled to rescind from the contract where such price increase exceeds the increase in the general cost of living between the date of order and the date of delivery by more than an insignificant degree.
3.5 Upon placing his order the customer is obliged to accept the ordered goods immediately. Kameha SARL is entitled to despatch and invoice the ordered goods immediately upon receipt of the customer's order. The same applies to such goods as were not yet available for delivery at the time of order (advance orders). Immediately upon their arrival in its facilities, Kameha SARL is entitled to dispatch goods ordered in advance to the customer and invoice them. Goods ordered in advance must have been totally accepted by the customer within 14 calendar days after their availability, otherwise Kameha SARL reserves the right to cancel the order without substitution or to cut rebates and invoice handling and storage charges incurred. The same applies to direct deliveries from Kameha SARLs supplier to the customer.
4 Reservation of title
4.1 The goods shall remain the property of Kameha SARL until the purchase price has been paid in full together with all other claims existing against the customer including all ancillary claims. Insofar as a continuous business relationship exists with the customer, the reservation of title also encompasses other such claims of Kameha SARL as are already in existence. The same applies with regard to all such claims of Kameha SARL as may arise in the future as a result of the existing business relationship or as a result of the business relationship initiated by this contract.
4.2 The customer is entitled to sell the delivered goods within the scope of proper business management but not to pledge them or assign them as security. Here and now, the customer assigns all claims against his customers resulting from such sale, including interest and ancillary claims to Kameha SARL. Kameha SARL accepts this assignment. The customer is obliged to notify Kameha SARL of such claims at all times and to provide the necessary documentation, especially invoice copies, insofar as he no longer fulfills his repayment obligations and especially where the customer is in arrears with his payment obligations.
5 Due date for payment and payment terms
5.1 Insofar as nothing to the contrary has been agreed in writing, Kameha SARL invoices are due for payment in full without delay.
5.2 Should the customer fall into arrears with his payment of the purchase price, the total purchase price must attract interest at twelve percentage points above the respective basic interest rate. Moreover in accordance with article N°2012-387 from 22nd March 2012, from French Law, penalties fees from 40 EUR can be extra invoiced for the duration of such arrears. Should Kameha SARL have demonstrably incurred greater damage due to such delay, it shall be entitled to assert such claim.
5.3 The customer shall only be entitled to rights of offset where his counterclaims have been determined in law or where they have been recognized by Kameha SARL. The same applies with regard to the customer's rights of retention.
5.4 The customer is not entitled to assign claims to which he is entitled as a result of his business relationship with Kameha SARL.
5.5 Where Kameha SARL is obliged to provide service in advance as a result of a mutual contract, it can refuse to fulfill the service owed if it becomes clear, after the conclusion of the contract, that its claim to the reciprocal service is endangered due to the customer's lack of ability to perform. In case of a significant deterioration in financial circumstances and threatening insolvency, Kameha SARL is entitled to make further deliveries only in return for advance payment or to demand the provision of suitable securities.
6 Receivables
6.1 Kameha SARL is entitled to assign the claims arising from business relations.
6.2 Should the purchaser be in arrears with any payments owed to Kameha SARL, the residual receivables will become due for immediate payment.
7 Warranty and Claims for defects
7.1 The legal obligation to examine and notify complaints shall apply. This shall also apply to such self-employed professional persons as are not commercial entrepreneurs but are active in the marketplace.
7.2 In case of a violation of the obligation to examine and notify complaints, the goods or services shall be deemed to have been approved as regards the defect in question.
7.3 Where the shipment of the goods is carried out by a freight forwarder, transport company, rail, ship or aircraft, the customer must notify the freight forwarder, transport company, or delivering party respectively upon receipt of the loss or externally visible damage to the transported goods and take other measures to safeguard possible claims for damages upon them. The customer must have the transport company confirm damage to packaging in writing upon receipt of the goods.
7.4 Defects or damage caused by culpable or improper handling or installation as well as the use of unsuitable accessories or changes in the original parts by the customer or a third party not appointed by Kameha SARL are also excluded from warranty.
7.5 Normal wear and tear is also excluded from warranty.
7.6 The customer's claims for defects shall expire in 12 months. The expiry period commences upon the delivery of the goods. The legal expiry periods for the claim to recourse shall remain unaffected.
7.7 Number 7.1 does not apply:
- to claims for defects related to work on a building and / or construction whose success lies in the manufacture of or modification of an item or in the provision of planning or monitoring services for such item
- to defects in a construction and / or an item which has been used for a construction in accordance with its normal manner of use and has caused it to be defective
- where the defect was maliciously concealed
- where Kameha SARL has given a guarantee for the quality of the item or service or a service life guarantee in writing and the defect is covered by such guarantee
- to such possible claims for damages on the part of the customer as are related to reimbursement for an injury to body or health. Kameha SARL is liable for any culpable injury to life, body or health to the full extent of the law
- to such possible claims for damages on the part of the customer as are based on a grossly negligent violation of obligations on our part or on a deliberate or grossly negligent violation of obligations on the part of our legal representative or vicarious agent
7.8 Where the customer was supplied with a lesser quantity and/or goods of a higher quality, this does not constitute a defect. The supply of a lesser quantity only warrants a claim to the subsequent delivery of the missing quantity.
7.9 The customer shall bear the cost of subsequent fulfillment caused by transporting the goods to a location understood to be other than the fulfillment location. Replaced parts shall become the property of Kameha SARL.
7.10 Subsequent fulfillment shall only be undertaken where the customer has previously paid the agreed remuneration less a deduction for the defect. The deduction may not be greater than three times the cost of rectifying the defect.
7.11. After the second unsuccessful attempt, subsequent fulfillment shall be deemed to have failed.
7.12 The customer's right to demand compensation for damages (instead of or in addition to fulfillment) in addition to subsequent fulfillment, price reduction or rescission from the contract or reimbursement for needless expenses shall remain unaffected by the above provisions.
7.13 In the event of a defect in the purchased goods for which Kameha SARL is responsible, Kameha SARL is entitled at its own discretion to rectify the defect or to carry out a replacement delivery.
7.14 Defects or claims for damages are limited in their value to the value of the goods delivered or the services performed.
8 Liability
8.1 Kameha SARL is liable to the full extent of the law for any culpable injury to life, body or health.
8.2 Further claims of the customer are excluded.
8.3 Paragraph 8.2 does not apply
- in case of deliberate intent or gross negligence on the part of Kameha SARL
- in case of minor negligence on the part of Kameha SARL insofar as it violates an essential contractual obligation. In such a case, it shall be liable for the average foreseeable damage which is typical for the contract
- where Kameha SARL has given a guarantee for the quality of the goods or service or a service life guarantee and the defect is covered by such guarantee
- where defects have been maliciously concealed
- in case of a violation of obligations whose observance is of particular significance for the achievement of the object of the contract (cardinal obligation). In case of a violation of a cardinal obligation liability is limited to 5 times the rental fee plus such damages whose arising must be typically expected within the scope of contract conclusio
9 Fulfillment location and court of jurisdiction
9.1 The fulfillment location for all services provided under the business relationship existing with Kameha SARL is the business headquarters in F-42000 Saint Etienne.
9.2 The exclusive court of jurisdiction for claims against Kameha SARL is Saint Etienne. This also applies to Kameha SARLs claims against the customer insofar as the customer is a commercial entrepreneur, a legal entity in public law or a special fund in public law.
9.3 French law shall apply exclusively. Laws governing the international purchase of movable goods shall not apply, even should the customer have his headquarters abroad.
10 Final provisions
10.1 Should individual provisions, regardless of the reason, not be applicable, this shall not affect the validity of the remaining provisions.
10.2 A transfer of obligations and rights of the customer deriving from the contract concluded with Kameha SARL must be approved in writing by Kameha SARLs business management to be valid. We would be happy to answer any questions you may have concerning our Terms and Conditions of Business. Please contact us by email at: contact@distk.fr