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Terms and conditions of sale

CONTACT US

1. Subject

These general terms and conditions of sale apply without restriction or reservation to all online sales offered by EDEWAT (hereinafter referred to as the «Company").« Sales »or« EDEWAT ») on the www.key-back.fr website (hereinafter referred to as the « Website »).

The Site is an e-commerce platform, which allows Internet users (hereinafter, the «Buyers») to purchase retractable reel keychains, designed and manufactured in the United States, offered for sale on the Site (hereinafter, the «Products»)

The purpose of these terms and conditions is to define the terms and conditions of the online sale and delivery of Products, and to define the rights and obligations of the parties in this context.

They can be accessed and printed at any time via a direct link at the bottom of the Site page.

The applicable version of the general terms and conditions is the one that can be consulted online on the Site on the date of the Buyer's order.

These general conditions of sale take precedence over any other general or special conditions not expressly approved by EDEWAT.

They may be supplemented, where applicable, by specific conditions of use for certain services offered on the Site, which supplement these general conditions and, in the event of contradiction, take precedence over them.

The fact that EDEWAT does not invoke any of the general terms and conditions of sale at a given time may not be interpreted as a waiver of the right to invoke any of the said terms and conditions at a later date.

The nullity of a contractual clause does not entail the nullity of the general terms and conditions of sale. The temporary or permanent non-application of one or more clauses of the general terms and conditions of sale by EDEWAT shall not constitute a waiver on its part of the other clauses of the general terms and conditions of sale, which shall continue to produce their effects.

The Site is accessible to all users of the Internet network in principle 24 hours a day, 7 days a week, except in the event of interruption, whether scheduled or not, by EDEWAT or its service providers, for the purposes of its maintenance and/or security or in the event of force majeure or updating of the Site. EDEWAT may not be held liable for any damage whatsoever resulting from the unavailability of the Site.

EDEWAT does not guarantee that the Site will be free of anomalies, errors or bugs, nor that the Site will function without breakdown or interruption. In this respect, EDEWAT may freely determine, at its sole discretion, any period of unavailability of the Site or its content. Nor can EDEWAT be held responsible for data transmission, connection or network unavailability problems.

2. Identity of seller and vendor

The Site is operated by EDEWAT, registered in the Paris Trade and Companies Register under no. 913329678, whose registered office is located at 6 rue Nansouty, 75014 Paris, which offers the Products for sale.
EDEWAT can be contacted using the following details, in particular for any complaints:

  • Postal address: 6 rue Nansouty, 75014 Paris
  • Telephone: 01 64 28 27 5
  • E-mail address: contact -> key-bak . fr

3. Legal capacity and acceptance of the general terms and conditions

  1. Legal capacity

The Site is accessible :

  • Any natural person who has full legal capacity to enter into a commitment under these general terms and conditions. Individuals who do not have full legal capacity may only access the Site with the agreement of their legal representative.
  • Any legal entity acting through a natural person who has the legal capacity to contract in the name and on behalf of the legal entity.
  1. Acceptance of terms and conditions

Acceptance of these terms and conditions by the Buyer is evidenced by a box to be ticked on the order form. This acceptance must be full and complete. Any conditional acceptance is considered null and void. Any Buyer who does not agree to be bound by these terms and conditions must not place an order on the Site.

  1. Registration on the Site

Placing an order on the Site requires the Buyer to register on the Site by filling in the form provided for this purpose.

In all cases, the Buyer must provide all the information marked as compulsory. Any incomplete registration will not be validated.

The Buyer guarantees that all the information he/she provides in the registration form is accurate, up to date and sincere and is not misleading.

4. Product characteristics

Prior to any online order, and in particular in application of the provisions of article L111-1 of the French Consumer Code, the Buyer may familiarise himself/herself, on the Site, with the characteristics of each Product he/she wishes to order.

The Products are offered for sale online while stocks last and according to their arrival, or subject to the possibility of ordering them where applicable.

The information concerning the Products, given on each sales page, is that communicated to EDEWAT by the suppliers of these Products.

EDEWAT will ensure that the photographs and descriptions of the products on the Website are as faithful as possible to the products themselves. The Products offered for sale are described and presented as accurately as possible. Nevertheless, EDEWAT shall not be held liable for any slight variation in the colour of the Product(s) and shall not affect the validity of the sale.

5. Control

  1. Placing an order

To place an order, the Buyer must select the Product of his/her choice and place it in his/her shopping basket.

They can access the summary of their basket at any time until the order has been definitively validated and can correct any errors in the information entered.

The order is deemed received by EDEWAT when it is finally validated by the Buyer.

  1. Order confirmation

Once the order has been placed, the Buyer will receive an email confirming the order, summarising the details of the order and the expected delivery date.

The Buyer must ensure that the details entered in his/her Account are correct and that they enable him/her to receive the order confirmation email. If the Buyer does not receive the confirmation email, he/she must contact EDEWAT using the contact details mentioned in article 2.

EDEWAT recommends that the Buyer retain the information contained in the order confirmation.

6. Prices and payment terms

  • Prices

The sale prices of the Products are displayed on the Site.

They are quoted in euros, inclusive of all taxes (French VAT and other applicable taxes).

EDEWAT reserves the right, at its own discretion and on terms to be determined by it alone, to offer promotional offers or price reductions.

The prices do not include any delivery charges that may apply to the delivery of the Products, which are invoiced in addition to the price of the Products. The amount of the applicable delivery charges will be indicated before the order is validated by the Buyer.

The applicable price is that displayed on the Site at the time the Buyer's order is registered.

  • Promotions

www.key-bak.fr offers rates and promotions designed for private customers. These promotions are limited in time and quantity. Our professional offers take into account the specific needs of companies and require the prior creation of a quote.

  • Terms of payment

The full price of the Products is payable when the order is placed.

Payment can be made online by credit card, using the secure online payment service indicated on the Site.

The Buyer guarantees EDEWAT that he/she has the necessary authorisations to use the chosen method of payment.

EDEWAT reserves the right to suspend or cancel any order and/or delivery in the event of non-payment of any sum due by the Buyer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site.

  • Billing

The invoice corresponding to each order placed by the Buyer will be sent to the Buyer by email, to the address indicated on the registration form.

  • Reservation of ownership

EDEWAT retains full and complete ownership of the Products sold until full payment has been received, including delivery costs.

7. Delivery

  1. 10Delivery territory

Purchasers are expressly informed that the Site only offers delivery of Products in Metropolitan France.

  1. Delivery methods

The Products ordered on the Site are delivered to the address indicated at the time of the Buyer's order as the «delivery address» (which may be different from the invoicing address), or to a relay point of the Buyer's choice, which may only be located in the territory in question.

Different delivery methods may be possible, depending on the categories of Products and their weight.

Before validating the order, the Buyer is informed of the possible delivery methods for the Product ordered, as well as the delivery times and costs corresponding to each of these methods.

The Buyer must select the desired delivery method and provide all the information required for the effective delivery of the Product by this method.

The Buyer is solely responsible for collecting the Products delivered within the required timeframe.

The Buyer must ensure that the information communicated is correct, and that it remains so until complete delivery of the Product(s) ordered. The Buyer therefore undertakes to inform EDEWAT of any change in invoicing and/or delivery details that may occur between the Order and delivery, by sending an email to the customer service email address without delay. Failing this, in the event of late and/or erroneous delivery, the Buyer may under no circumstances hold EDEWAT liable for failure to deliver, and EDEWAT's customer service will contact the Buyer to arrange a second delivery at the Customer's expense.

  1. Delivery charges

Delivery costs will be indicated on the order summary.

Delivery costs vary depending on whether the Products are delivered to a relay point selected by the Buyer, or directly to the address indicated when the order was placed.

  1. Delivery times

The company undertakes to deliver the product(s) within a period not exceeding 20 working days from the date of the Order. 

8. Right of withdrawal

The right of withdrawal shall be exercised in accordance with the terms and conditions set out in the Consumer Code.

All Products may be retracted, except those excluded by article L. 221-28 of the French Consumer Code, reproduced below:

The right of withdrawal cannot be exercised for contracts :

1° The supply of services which are fully performed before the end of the withdrawal period and where performance has begun with the consumer's express prior agreement and express waiver of his right of withdrawal; ;

2° The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the trader and which may occur during the withdrawal period;

3° The supply of goods made to the consumer's specifications or clearly personalised; ;

4° The supply of goods liable to deteriorate or expire rapidly; ;

5° The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection; ;

6° The supply of goods which, after delivery and by their nature, are inseparably mixed with other articles; ;

7° The supply of alcoholic beverages, the delivery of which is deferred for more than thirty days and the value of which agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the trader; ;

8° Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by the consumer, within the limits of the spare parts and work strictly necessary to respond to the emergency; ;

9° The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery; ;

10° Supply of a newspaper, periodical or magazine, except for subscription contracts for these publications; ;

11° Concluded at a public auction ;

12° Accommodation services, other than residential accommodation, transport of goods, car hire, catering or leisure activities that must be provided on a specific date or during a specific period; ;

13° The supply of digital content not supplied on a tangible medium, performance of which has begun after the consumer has given his express prior consent and expressly waived his right of withdrawal.

With the exception of this type of Product, the Buyer has a period of 14 (fourteen) working days, from the date of receipt of the Products ordered, to withdraw from the contract without having to give any reason or pay any penalties, with the exception of the cost of returning the Products, which remains the Buyer's responsibility and must be paid by the Buyer.

The Buyer who wishes to exercise his right of withdrawal must send to EDEWAT at the address mentioned in Article 2 hereof, before the expiry of the above period, the withdrawal form attached to these general conditions duly completed, or a statement clearly expressing his desire to withdraw and including his order number.

The Products must be returned to EDEWAT in their original packaging, without undue delay and no later than 14 (fourteen) calendar days following communication by the Buyer of his desire to withdraw. They must be accompanied by a copy of the corresponding purchase invoice. The Buyer is deemed responsible in the event of deterioration of the Products when they are returned to EDEWAT.

The Buyer will be reimbursed as soon as possible and no later than 14 (fourteen) days from the date of effective receipt by EDEWAT of the request for withdrawal of all sums paid for his order, less any return costs, which remain the responsibility of the Buyer. EDEWAT however reserves the right to defer this refund until the actual recovery of the Products.

In accordance with Article L.221-23 of the Consumer Code, the Buyer is informed that he/she is only liable to EDEWAT for any depreciation of the product(s), returned following the exercise of his/her right of withdrawal, resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of this or these goods.

9. Legal warranties

However, EDEWAT reminds you that the Buyer benefits from the legal guarantees of non-conformity as well as hidden defects of the item sold, including defects of conformity resulting from the packaging of Products ordered on the Site.

If the Buyer notes that the Product delivered to him has a defect, a lack of conformity or is damaged, he must inform EDEWAT at the address mentioned in Article 2 hereof, indicating the nature of the defect, non-conformity or damage noted and sending any useful evidence, particularly in the form of photograph(s).

EDEWAT will organize with the carrier of its choice the modalities of the return, of which it will inform the Buyer by any useful means. EDEWAT will bear the costs of this return.

Products must be returned to EDEWAT in their original packaging. They must be accompanied by a copy of the corresponding purchase invoice.

Returns of Products that do not comply with the conditions described above will not be accepted.

EDEWAT will carry out the necessary checks and will propose to the Buyer the replacement of the Product as far as possible. If the replacement of the Product is impossible, EDEWAT will reimburse the Buyer the full price paid for the Product as well as the corresponding delivery costs, by any useful means, as soon as possible and at the latest within 14 (fourteen) days following the date on which EDEWAT informed the Buyer of the impossibility of replacing the Product.

In the event that the product is not suitable, the Buyer will also be reimbursed the price of the products and shipping costs. The cost of returning the product to EDEWAT will be borne by the Purchaser.

The legal texts relating to legal guarantees are reproduced in Annex 1 hereto.

10. Obligations of purchasers

Purchasers are solely responsible for the choice and use they make of the Products. It is their responsibility to check the suitability of the Products for their specific needs and constraints prior to purchasing said Products.

They must also take the necessary steps to back up by their own means the information in their Personal Space that they deem necessary, no copy of which will be supplied to them.

Finally, it is the responsibility of Buyers to take all appropriate measures to protect their own data and/or software stored on their computer equipment against any attack.

11. Liability of EDEWAT

  1. EDEWAT undertakes to carry out regular checks to verify the operation and accessibility of the Website. In this respect, EDEWAT reserves the right to temporarily interrupt access to the Website for maintenance purposes. Similarly, EDEWAT may not be held liable for any difficulties or temporary impossibility of accessing the Site due to circumstances beyond its control, force majeure or due to disruptions in the telecommunications networks.
  2. EDEWAT does not provide the Buyer with any guarantee as to the adaptation of the Products to its needs, expectations or constraints.
  3. EDEWAT's liability is excluded in the event of direct or indirect damage to property or persons, suffered by the Buyer or a third party, and resulting from the following cases:
  4. Negligence or fault committed by the Buyer or a third party ;
  5. Any use in conditions that are manifestly not in conformity with the use of the Products.
  6. EDEWAT may not be held liable for non-performance or delay in performance of the sales contracts as a result of circumstances beyond its control or a case of force majeure, it being expressly specified that the following are considered to be cases of force majeure, in addition to those usually accepted by the case law of the French courts: exceptional weather conditions, natural disasters, fires and floods, lightning, terrorist attacks, disruption or blockage of telecommunications networks, means of transport or postal services, including as a result of strikes, damage caused by viruses which cannot be eradicated using the security measures available on the market, as well as any legal, regulatory or public order obligation imposed by the competent authorities which would have the effect of substantially modifying these general terms and conditions.
  7. In any event, the liability that may be incurred by EDEWAT hereunder is expressly limited to proven direct damage suffered by Buyers.

12. Intellectual property rights

The systems, software, structures, infrastructures, databases and content of any kind (text, images, visuals, music, logos, trademarks, databases, etc.) used by EDEWAT within the Site are protected by all intellectual property rights or database producers' rights in force. Any disassembly, decompilation, decryption, extraction, reuse, copying and, more generally, any act of reproduction, representation, distribution or use of any of these elements, in whole or in part, without the authorisation of EDEWAT is strictly prohibited and may result in legal proceedings.

13. Personal data, newsletter and telephone anti-solicitation list

  1. Personal data

EDEWAT has a policy of protecting personal data, the characteristics of which are set out in the document entitled «Confidentiality Charter», which the Buyer is expressly invited to read.

EDEWAT understands that the protection of data and privacy is an issue for all Internet users visiting the Site. In accordance with the RGPD regulations, EDEWAT undertakes to respect your privacy and to protect your personal data, i.e. data likely to identify you directly or indirectly as a person.

As part of the Order, EDEWAT is required to collect the Buyer's personal data. EDEWAT undertakes to protect the Buyer's personal data.

The files containing the personal data required for the Order are stored on the servers of the Site's host. This service provider ensures that it complies with the provisions of the General Data Protection Regulation (RGPD). EDEWAT does not communicate or trade the personal data of Buyers.

When placing an Order on the Web Site, the Buyer expressly consents to the collection and processing of his/her personal data, which is necessary to complete the Orders.

The purpose of the personal data collected by EDEWAT is to enable the Order to be carried out. The various personal data will not be kept longer than is necessary for the purposes for which they were collected, including compliance with legal or fiscal obligations.

In accordance with the provisions of law no. 78-17 of 6 January 1978, as amended by law no. 2004-801 of 6 August 2004, known as «Informatique et Libertés», and with the General Data Protection Regulation (RGPD), subject to proof of identity, all Buyers, regardless of nationality, have the right to access, modify and delete their personal data. Each Buyer is also entitled to request a restriction on the processing of their data and also has the right to data portability and the right to object to the processing of their personal data.

For the purposes of applying this clause and, in particular, to ensure the confidential treatment of Buyers' data, EDEWAT has appointed, in accordance with the provisions of the General Data Protection Regulation (GDPR), a data protection officer, who can be contacted at the following address: contact / key-bak.fr

In any event, any Buyer has the right to make any complaint to the CNIL.

  1. Newsletter

By ticking the box provided for this purpose or by expressly agreeing to this, the Buyer accepts that EDEWAT may send him/her, at a frequency and in a form determined by EDEWAT, a newsletter which may contain information relating to its activity.

When the Buyer ticks the box provided for this purpose in the Site registration process to place the Order, he/she agrees to receive commercial offers from EDEWAT for Products similar to those ordered.

Buyers have the option of unsubscribing from the newsletter by clicking on the link provided for this purpose in each newsletter.

  1. Do not call list

You have the option of registering free of charge on a BLOCTEL telephone cold calling list (www.bloctel.gouv.fr) so that you are no longer canvassed by telephone by a professional with whom you have no current contractual relationship, in accordance with French consumer law no. 2014-344 of 17 March 2014.

Consumers can sign up to this list free of charge at https://conso.bloctel.fr/index.php/inscription.php.

14. Personal data, newsletter and telephone anti-solicitation list

EDEWAT reserves the right to insert on any page of the Site and in any communication to Buyers any advertising or promotional messages in a form and under conditions of which it shall be the sole judge.

15. Links and third party sites

Under no circumstances may EDEWAT be held responsible for the technical availability of websites or mobile applications operated by third parties (including any partners) which the Buyer may access via the Site.

EDEWAT accepts no responsibility for the content, advertising, products and/or services available on such third-party websites and mobile applications, which are governed by their own terms of use.

Nor is EDEWAT responsible for transactions between the Buyer and any advertiser, professional or merchant (including any of its partners) to which the Buyer may be directed via the Site, and under no circumstances shall EDEWAT be a party to any disputes whatsoever with these third parties concerning, in particular, the delivery of products and/or services, guarantees, declarations and any other obligations whatsoever to which these third parties are bound.

16. Prohibited behaviour

  1. The following are strictly prohibited (i) any behaviour likely to interrupt, suspend, slow down or prevent the proper functioning of the Site, (ii) any intrusions or attempted intrusions into EDEWAT's systems, (iii) any misappropriation of the Site's system resources, (iv) any actions likely to impose a disproportionate burden on the latter's infrastructures, (v) any breaches of security and authentication measures, (vi) any acts likely to infringe the financial, commercial or moral rights and interests of EDEWAT or of the users of its Site, (vii) any practice diverting the Site for purposes other than those for which it was designed and finally more generally (viii) any breach of these general conditions or of the laws and regulations in force.
  2. Likewise, it is strictly forbidden to monetise, sell or grant access to all or part of the Site or the information it contains.
  3. In the event of failure to comply with any of the provisions of this article or, more generally, of infringements of the laws and regulations, EDEWAT reserves the right to take all appropriate measures and to initiate any legal action.

17. Unsubscribe

The Buyer may unsubscribe from the Site at any time, by sending a request to this effect to EDEWAT by email, using the contact details mentioned in article 2.

Unsubscription takes effect within a maximum of 7 (seven) days from this request. It will result in the automatic deletion of the Buyer's Account.

18. Changes

EDEWAT reserves the right to modify these general conditions of sale at any time. In this case, the applicable conditions will be those in force on the date of the Buyer's order.

19. Language

In the event of a translation of these general terms and conditions into one or more languages, the language of interpretation will be French in the event of a contradiction or dispute over the meaning of a term or provision.

20. Mediation

It is also recalled that any consumer has the right to have recourse, free of charge, to a consumer mediator with a view to the amicable resolution of a dispute between him/her and a professional. To this end, EDEWAT guarantees the Buyer effective recourse to a consumer mediation system.

Mediation of consumer disputes: In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, EDEWAT subscribes to the Mediation Service.

In the event of a dispute, you can submit your complaint on its website or by post.

You can use the mediation service for consumer disputes relating to an order placed on the Internet.

Finally, it should be noted that mediation is not compulsory but is only offered as a means of resolving disputes without recourse to the courts. If this mediation procedure fails or if the Buyer wishes to take the matter to court, the rules of the Code of Civil Procedure will apply. 

The Buyer may also contact the dispute resolution platform put online by the European Commission at the following address: http://ec.europa.eu/consumers/odr/.

21. Applicable law and jurisdiction

These terms and conditions are governed by French law.

In the event of any dispute concerning the validity, interpretation and/or performance of these general terms and conditions, the parties agree that the courts of Paris shall have exclusive jurisdiction, unless mandatory procedural rules dictate otherwise.