Terms of Sales

Distance Selling

Only products indicated as available on the site can be ordered.

Product offers and prices are valid as long as they are visible on the site and while stocks last. The order must be established on the online form provided by SAS KYLIX. Purchase orders must be signed by the customer. The simple act of the user clicking on the title of the order form constitutes an electronic signature which has, between the parties, the same value as a handwritten signature. The contractual information will be confirmed by e-mail at the latest at the time of delivery or failing that, to the address indicated by the user on the order form. Any order transmitted to our company is irrevocable for the customer subject to the application of the withdrawal period provided for below.

Prices

The prices are “ex-part”, they are indicated in euros and are only valid on the date the user sends the order form. They do not take into account delivery costs, invoiced additionally, and indicated before validation of the order. The prices indicated on the site www.drinktempera.com are all taxes included (TTC), unless otherwise indicated. Where applicable, VAT takes into account the rate in force on the day of the order.

Any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store. The products are invoiced based on the prices in effect at the time of the order. Payment of the entire price must be made when ordering. At no time can the sums paid be considered as deposits or deposits. The current price which will prevail is the one which appears when ordering and will be reflected in the order confirmation.

For information, distributors of TEMPERA products are not bound by the prices indicated on the site. The price of products offered by distributors may vary between points of sale depending on their own pricing policies.

Payment choice

Payment is made upon ordering, in cash and without discount. The order must be paid by credit card. SAS KYLIX accepts the following bank cards: Carte Bleue, Visa, EuroCard-Mastercard, to the exclusion of any other card. The bank card is debited on the day the order form is processed. The user guarantees the company SAS KYLIX that he has the authorizations possibly necessary to use the payment method chosen by him, when validating the order form.

SAS KYLIX reserves the right to invoice any bank charges incurred by payments received. Any invoice, unpaid on the due date, will be increased by 3 times the legal interest rate, according to law no. 2008-776 of August 4, 2008. SAS KYLIX reserves the right to suspend all order management and any delivery in the event of refusal of authorization for payment by credit card from officially accredited organizations or in the event of non-payment.

SAS KYLIX reserves the right to refuse to make a delivery or to honor an order from a user who has not fully or partially paid a previous order or with whom a payment dispute is being administered. . In the event of any payment incident, SAS KYLIX reserves the right to suspend current orders and refuse to honor any new orders until full payment of the amounts due.

Transfer of ownership

The transfer of ownership from the company SAS KYLIX to the user will only be carried out after full payment of the price by the latter, regardless of the delivery date of said products. On the other hand, the transfer of risks of loss and deterioration of the products of the company SAS KYLIX will be carried out upon delivery of the products to the carrier.

Availability

SAS KYLIX honors orders within the limits of its available stocks. In the event of temporary or permanent unavailability and collection by SAS KYLIX, a credit will be automatically generated for the benefit of the customer who can then choose either reimbursement or another product for an equivalent price.

Delivery

The products are delivered to the address indicated by the user on the order form, the user must ensure its accuracy. The products are delivered according to the conditions indicated on the order page before validation by the customer. Under no circumstances can we be held liable in the event of delay. Unless unavailability or closing periods indicated on the site, SAS KYLIX guarantees the preparation and shipping of the order within two working days upon full payment of the order. Once shipped, it is delivered to the customer. To know the expected delivery time, the customer must add to the time for receipt of payment, the order processing time of two working days and the postal delivery time which depends, among other things, on the weight and the address. Delivery.

SAS KYLIX cannot be held responsible for the consequences due to a delay in delivery or loss of packages caused by the fault of the customer, by the unforeseeable and insurmountable act of a third party to the contract or due to a case of force. major. The user is required to check the condition of the packaging and the goods upon delivery and to report any damage noted to the carrier on the delivery note, as well as to SAS KYLIX, within 5 working days after delivery for available products. Upon receipt of the order, it is the customer's responsibility to check conformity as well as the number of shipments received and to indicate, where applicable, any anomaly on the invoice in the form of handwritten reservations accompanied by his signature.

Any anomaly concerning delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.) must be indicated on the delivery note in the form of “handwritten reservations”, accompanied by the name and signature of the customer. . The formulation of this complaint with the company SAS KYLIX can be made by email to the address contact@drinktempera.com .

Any complaint not made in accordance with the rules defined above and within the time limits cannot be taken into account and will release the company SAS KYLIX from any liability towards the user.

The customer can track their orders in their “My Account” page or by email at contact@drintempera.com . Any package returned to the sender due to an incorrect or incomplete delivery address will be reshipped at the user's expense.

Product Warranty

In accordance with Article 4 of Decree No. 78-464 of March 24, 1978, the provisions hereof cannot deprive the user of the legal guarantee which obliges the professional seller to guarantee him against all the consequences of hidden defects in the item. sold.

Extracts from the Consumer Code – Art. L. 211-5: “To comply with the contract, the good must: 1° Be suitable for the use usually expected of a similar good and, where applicable: correspond to the description given by the seller and possess the qualities which the latter presented to the buyer in the form of a sample or model; present the qualities that a buyer can legitimately expect having regard to public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling; 2° Or present the characteristics defined by mutual agreement by 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. Art. L. 211-12: “The action resulting from the lack of conformity is prescribed two years from the delivery of the goods”.

Extracts from the civil code – Art. 1641: “The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would have given only a lower price if he had known about them.” Art. 1648 paragraph 1: “The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect”.

Implementation – To benefit from the guarantee, the customer must return the product accompanied by the invoice, their precise contact details (surname, first name, postal address) describing the problem encountered: SAS KYLIX – 2 avenue Bugeaud – 75116 PARIS. In the event that the lack of conformity is duly noted, SAS KYLIX may replace the product with an equivalent product, if necessary.

The customer can contact SAS KYLIX, after-sales service, via the form on the site or by email.

Right to retract

Under article L121-20-12 of the Consumer Code, the user has a legal withdrawal period of 14 calendar days from delivery to return, at their expense, products that do not suit them. not. This period runs from the day of delivery of the user's order. If this period expires on a Saturday, Sunday or public or non-working holiday, it is extended until the first following working day. Any return must be reported in advance to the Customer Service of the company SAS KYLIX by email to the address contact@drinktempera.com . The product must be returned by registered mail to the following address: SAS KYLIX – 203 rue Gallieni – 92100 Boulogne.

Only products returned as a whole, in their original packaging, complete and intact, and in perfect condition for resale will be taken back. Any product which has been damaged, or whose original packaging has been damaged, will not be refunded or exchanged. This right of withdrawal is exercised without penalty, with the exception of return costs. In the event of exercising the right of withdrawal, the user has the choice of requesting either a refund of the sums paid or an exchange of the product.

In the case of an exchange, the reshipment will be at the user's expense. If the right of withdrawal is exercised, SAS KYLIX will reimburse the user within 14 days from the date on which they were informed. The user will then be reimbursed for the amount of the transaction (including delivery costs) by re-crediting their bank account (secure transaction) in the event of payment by bank card, or by check in other cases.

Responsibility

SAS KYLIX incurs no liability, either towards its client or any third party whatsoever, for the distribution of the products appearing at its price and on its site.

In the event of non-execution or partial execution of an order, the liability of SAS KYLIX will be strictly limited to the amount of the order (pro rata in the event of partial execution) and will not give rise to any additional compensation.

SAS KYLIX cannot be held responsible for repairing direct or indirect damage, whatever its nature, including in particular unrealized profits or loss of data, resulting from the consumption or use of its products.

SAS KYLIX only has an obligation of means for all stages of access to the site, the ordering process and delivery. In the event of a refund request, KYLIX undertakes to reimburse the order within 14 days. SAS KYLIX cannot be held liable for any inconvenience or damage inherent in the use of the internet network, in particular a breakdown in service, an external intrusion or the presence of computer viruses, or any event qualified as force majeure, in accordance with to jurisprudence.

SAS KYLIX products comply with French legislation. Also, in the event of import or use outside French territory, it is up to the customer to ensure beforehand that the product does not contravene local standards.