GENERAL TERMS AND CONDITIONS FOR INTERNET SALES

Last updated 15 January 2021
Click here to see earlier versions

Introduction
These general terms and conditions govern contractual relationships with SDMO Industries SAS, with a capital of 17,066,520 Euros, whose headquarters is located at 270B, rue de Kerervern, 29490 Guipavas, France - RCS Brest 548 202 985 - Intra-community VAT number:  FR60548202985 - E-mail: emea.PortablePower@kohler.com (hereafter known as “Us” or “we”) which markets some of its products (hereafter known as “Product” or “Products”) via the https://portable.kohler-sdmo.com website (hereafter known as the “Website”) to a purchaser lawfully able to accept its terms and aged over 18 (hereafter known as “You” or “you”) exclusive of any sale carried out directly from our Company. 
Any order placed on the Website implies your unreserved acceptance of these General terms and conditions of sale. 
We reserve the right to change these General terms and conditions of sale at any time by publishing a new version on the website. The General terms and conditions of sale applicable and which you should consult before placing an order are those in force on the date of the order confirmation.
The photos of products on sale on the website are not contractually binding.
Some of our obligations, in particular regarding the right to withdrawal, termination in the case of late delivery or the archiving of the contract do not apply to an online sale between professionals. Owing to this, the provisions of the Consumer Code apply to you as long as you are a consumer and are not therefore purchasing the product for professional, industrial, trade or commercial purposes. 

1. The various steps to follow for the conclusion of an online contract
We do everything we can to satisfy you. We display all our products’ essential characteristics on the website and welcome any comments sent to us (click here to access the “Contact us” section).
Should you have any questions regarding a product or wish to check a product’s suitability for your needs, please don’t hesitate to contact our network of specialists at https://portable.kohler-sdmo.com/trouver-un-revendeur-pxl-72.html.
The characteristics of products which are not manufactured by us are taken from information communicated by their manufacturers. 
Our product offers are valid for as long as they are displayed on the website and/or within the limit of available stock. We will let you know as quickly as possible if a product you have ordered is no longer available. 
In this case, we will suggest a product of equivalent quality or price. Should our suggestion not be acceptable, we will cancel your order and reimburse any sums paid within thirty (30) days from the date of your refusal of our suggestion. 
We reserve the possibility of refusing an order where:
The quantity of the same product ordered exceeds 5 items. 
if the order is unusual or for any other legitimate reason and in particular where an issue exists with you regarding the payment of an earlier order.

1.1 Placing an order
To place an order, you should identify yourself, being aware that we cannot be held liable should the information you have sent be incorrect or incomplete. 

You can identify yourself after selecting a product on the website or with your user account, which can be opened using two identifiers: an e-mail address and password. 

You select the product you wish to order by browsing the pages of our website. Your selection is added to your basket when you click on “Add to basket”. You can confirm your order at any time while browsing our website by clicking on “Confirm my order”.

When you click on “Confirm my order”, a confirmation message appears summarising your order, ie. the product(s) and option(s) you have selected, as well as the price excluding tax and including all taxes, the quantity and delivery mode (such as shop collection, as well as the date and time of collection chosen).

Before confirming your order, you should check that the information in your order summary matches your choice and take note of these General terms and conditions of sale. If you accept them, you must tick the “I have read and accept the General terms and conditions of sale!” box.

To confirm your order, please click on “Finish my order”, which will also allow you to proceed with payment of your order.

A receipt message will be displayed once you have made your payment via our secure server (see “4. Means of payment and security resources” below). It confirms that your order has been registered and informs you that a confirmation e-mail will be sent to you as soon as possible.

You can contact us for any information regarding the progress of your order by sending us a message via our form at https://portable.kohler-sdmo.com/contact.php.

1.2 Technical means of identification and error correction
You can identify and correct any errors made during the inputting of your data at any time. If you notice an error after having confirmed your order, you should send us a message via our form at https://portable.kohler-sdmo.com/contact.php.

1.3. Means of archiving and access to your order
We will archive orders and invoices on reliable and sustainable media.

You have a right of communication of these documents for orders higher or equal to 120 Euros. 

2. Delivery 
2.1 Delivery mode
We will deliver your product to the address of the shop collection point indicated in your order.

2.2 Delivery period
We will deliver no later than the date indicated in your order confirmation message.

In the case of a delivery delay, we will inform you by e-mail as quickly as possible and will offer you a new delivery date.

According to the provisions of the Consumer Code, where the delivery period exceeds seven (7) days, you can cancel your order by responding by e-mail or via our form at https://portable.kohler-sdmo.com/contact.php as long as this request arrives within sixty (60) days from the agreed delivery date. We will cancel your order and reimburse any sums paid within thirty (30) days from the date of receipt of your order. If your product is delivered before your request to cancel the order is taken into account, we will send you a return form indicating the address to which you should return the product, at our expense. 

2.3 Delivery costs
Delivery is free-of-charge for all orders placed within metropolitan France. 

2.4 Delivery tracking
When the product is shipped, you will receive a message from our carrier with a link allowing you to track the progress of your delivery. 

2.5. Collecting your order at the shop collection point
Before collecting your order, you must show your chosen collection point your order number and proof of identity.
 
When collecting your order from your shop collection point, you should check the condition of the packaging and check that the quantity of products ordered is correct. 

It is your responsibility to issue any reservations or complaints you deem necessary or even refuse delivery from the collection point if the package is obviously damaged on delivery or does not match your order. 

3. Prices 
Our product prices are indicated on the website in Euros inclusive of tax (including VAT and the eco-contribution). Prices are applicable on the day of your order.

Any change in the applicable rate of VAT shall be automatically passed on to product prices. 

4. Means of payment and security resources
We collect your payment at the time of your order confirmation. 

4.1 Means of payment
Payment of orders via the website can only be made by bank card. 
Cards accepted: VISA, CB, MASTERCARD
Your bank details are processed in a completely secure way and encrypted. Payment is made on our partner LCL’s secure bank servers and this partner is the only one to have access to your bank details. Neither we nor any other third party can access your bank details. 

Your order will therefore be registered and confirmed as soon as payment is accepted by your bank. 
 
4.2 Security of means of payment 
Payments by bank card are subject to a security system to ensure maximum security. We have adopted the SSL (Secure Socket Layer) protocol to encrypt and therefore ensure the security of your bank details. 

We do not stock your bank card details on our computer servers in order to protect you against any potential hacking. The bank details are processed by LCL, who send an authorisation number back to us.

5. Right of withdrawal
In accordance with the current legal provisions of the Consumer Code, you can exercise your right of withdrawal within fourteen (14) days from the date of receipt of the product, allowing you to cancel your order without giving a reason and penalty-free. 

If you wish to exercise your right to withdrawal, we will make a withdrawal slip available to you via the following link: Withdrawal slip. 

The product must be returned as new, complete, in perfect condition and in its original packaging with any instruction manuals, documents and accessories. Where the product has to be subject to refurbishment, the reimbursement may then be the subject of a deduction. 

We will reimburse the sum paid for your order, ie the returned product, minus the fixed sum of 48 Euros corresponding to the cost of returning the product and the potential cost of refurbishment, no later than 14 days from the date of receipt of the product or receipt of the proof of shipping the product. 

You cannot exercise your right of withdrawal where the product has been manufactured according to individual specifications and requirements. 

6. Legal and contractual guarantees
You must retain your purchase invoice in order to be able to benefit from the legal and contractual guarantees. 

6.1 Legal guarantees
If you are a consumer, we are subject to the legal guarantee conditions provided for in L. 211-4, L. 211-5 and L. 211-12 of the Consumer Code (for consumers) and Articles 1641 and 1648 of the Civil Code:

Art. L. 211-4 of the Consumer Code: "The vendor is required to deliver goods that comply with the contract and is answerable for any non-compliances existing on delivery. It is also answerable for any non-compliances resulting from packing, assembly instructions or installation when in the charge of the latter under the terms of the contract or when carried out under its responsibility"

Art. L. 211-5 of the Consumer Code: "To comply with the contract, the goods must:

1° Be suitable for the use customarily expected of similar goods and, if applicable, must:- correspond to the description given by the vendor and have the qualities the vendor presented to the purchaser in the form of a sample or model;- have the qualities a buyer can legitimately expect, considering the public statements made by the vendor, the producer or its representative, particularly in its advertising or labelling;

2° Or alternatively, present the characteristics mutually defined by the parties or be suitable for any special purpose desired by the purchaser which has been made known to the vendor and which the vendor has accepted".

Art. L. 211-12 of the Consumer Code: "Action arising from a non-compliance is limited to a period of two years from the date of delivery of the goods".

Art. 1641 of the Civil Code: "The vendor is bound by the warranty for any hidden defects in the item sold which make it unsuitable for its intended purpose or which limit the said purpose to such an extent that the purchaser would not have acquired it, or would only have paid a lower price had they been aware of it".

Art. 1648 of the Civil Code: "The purchaser must instigate action resulting from unacceptable defects within two years of discovering the defect. In the case provided for by Article 1642-1, for the challenge to be admissible, the action must be instigated within the year following the date on which the seller’s liability for any apparent defects or non-conformity can be waived.

The above provisions are not exclusive to the application of the legal guarantee for hidden defects in Articles 1641 and following of the Civil Code, in accordance with the provisions of Article L. 217-4 of the Consumer Code.

When you take action in relation to the legal guarantee of conformity, you:

will benefit from a term of two years from delivery of the product to take action; 
you can choose between repair or replacement of the product, subject to the cost conditions provided by Article L. 217-9 of the Consumer Code; 
will be exonerated from proving the existence of non-compliance of the product during the six months following delivery of the product. The compliance guarantee shall apply independently of the contractual guarantee granted.
You can also decide to implement the guarantee against hidden defects of the item sold within the meaning of Article 1641 of the Civil Code and, in this case, you can choose between the termination of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.

You will therefore be able to exercise these guarantees by contacting the shop collection point from which the product was collected. 

6.2 Contractual guarantees
Contractual guarantees are not a substitute for the legal guarantees and can differ according to the product. 

The provisions of the contractual guarantee can be consulted on our website, particularly in relation to its term, application conditions, limits, exclusions and means of application on the page of the product you have selected. 

The commercial guarantee is excluded for incidents related to fortuitous situations or force majeure, as well as for and in particular for replacements or repairs that might particularly result from the normal wear and tear of the Product, deterioration or accidents originating from negligence, lack of supervision or maintenance and the faulty use of that Product.

You will therefore be able to exercise these guarantees by contacting the shop collection point from which the product was collected.6.3.  Our after-sales service
You can return the product to the shop from which you collected it if problems arise in the use or installation of the product or a product defect. 

The product will be repaired free-of-charge if the issue is covered by the contractual guarantee.

In cases where the contractual guarantee does not apply, our after-sales network will send you an estimate for the repair; you should communicate your acceptance of this so that the repair can be carried out. They will then proceed with the return of the repaired product to you at your expense. 

7. Our liability
We do everything we can to satisfy you. We are liable for the proper implementation of these General terms and conditions of sale. Nevertheless, we are not liable in relation to a fortuitous event, an event of force majeure such as and in particular strike, lock-out, stock shortage of spare parts, acts of terrorism, war, epidemic, pandemic, requisition, fire, flood, machinery accident, interruption or delay in shipping etc., owing to the unpredictable action of a third party or the non-compliance of a product to foreign legislation and/or regulations should this product be delivered or used outside Europe.

We cannot be held liable for the poor operation or poor starting of the product owing to a error by you and/or a third party. We are only liable for faults, errors or omissions which we ourselves have committed. In particular, we are not responsible for any incident which may arise from an installation, implementation, operation, maintenance or servicing of the product by a third party. 

If you are a professional, you furthermore waive the right to claim immaterial and/or indirect losses such as, and in particular, operational losses and our liability is limited to a one-time capped payment corresponding to the amount of the order excluding tax, though without being able to exceed 2 (two) million euros per event and per annum. In this case, you thus waive all recourse beyond the aforementioned exclusions and limitations and you effectively guarantee the waiver of recourse to your insurer and/or a third party for any action against us and against our insurer. These limits do not apply in the case of a serious fault and/or personal injury. 

8. Retention of ownership and transfer of risk
We retain ownership of the delivered product until the effective payment of the full cost. Failure to pay will lead to the product being reclaimed. 

The risks of loss or deterioration of the product are transferred on the date of the product’s delivery. 

9. Intellectual property
You recognise that the intellectual property, whatever its nature, as well as the expertise used for the design and manufacture of the product or incorporated into it, remain the exclusive property of ourselves or the manufacturer and that the transfer of ownership of the product can in no way be considered a transfer of intellectual or industrial copyright. 

We therefore retain the intellectual and industrial property, technology and expertise, whether patented or not, and that of all the documents or information you have been able to take note of within the context of making your order. 

All text, comments, illustrations, works and images reproduced or displayed on the website are strictly reserved in accordance with copyright, as well as intellectual property worldwide.

The corporate names, brands and distinguishing marks reproduced on the website are protected under trademark law. The reproduction or representation of all or part of one of the aforementioned signs is strictly forbidden. 

10. Personal data 
We especially endeavour to protect and respect your privacy. You can consult our data protection policy by clicking on the following link: https://portable.kohler-sdmo.com/politique_confidentialite.php.

We collect your personal data in order to process your order (shipping and collection of products, application of guarantees, after-sales service) and the monitoring of our commercial relationships. Your personal data may therefore be communicated to our partners exclusively for the fulfilment of your order, in accordance with these General terms and conditions of sale.

Our data protection policy informs you of our practices regarding the collection, use and storage period of your personal data, as well as the security measures we have put in place. You have a right to access, delete, oppose and correct your personal data. If you wish to exercise one of these rights, please contact us at the following address:  KohlerGlobalDataPrivacy@kohler.com

If, after having contacted us, you feel that your personal data rights have not been respected, you can lodge a complaint with the CNIL [French national agency regulating data protection].

11. Disputes 
11.1 In cases of dispute
Firstly, you can send a written complaint to our “Portables” after-sales service at 270B, rue de Kerervern, 29490 Guipavas, France.

11.2. Mediation 
If you are a consumer, in the case of a dispute you have the right to have recourse to consumer mediation in accordance with Articles L. 612 and following of the Consumer Code.

The following mediation system is therefore proposed:

The Centre de Médiation et d’Arbitrage de Paris (CMAP), an association under the law of 1901 whose headquarters is located at 39 avenue Franklin D. Roosevelt, 75008 Paris, France.

You can therefore lodge a request for mediation with the CMAP either:
By using the form available on the CMAP website at “www.mediateur-conso.cmap.fr” or
by e-mail to consommation@cmap.fr or
in writing to the following address: CMAP – Service Médiation de la consommation, 39 avenue Franklin Roosevelt, 75008 Paris).
The ombudsman examines the admissibility of the file with regard to the conditions provided in Article L.612-2 of the Consumer Code within five working days from receipt of the elements of the file sent by the CMAP and may declare the case inadmissible under the conditions provided in Article L.612-2 of the Consumer Code drafted as follows: 

“A dispute can only be examined by the consumer ombudsman when:
The consumer does not justify having previously attempted to resolve his/her dispute directly with the professional by making a complaint in writing according to the means provided in the contract, as the case may be;
The request is manifestly unfounded or abusive;
The dispute has previously been examined or is under examination by another ombudsman or by a court;
The consumer has made his request to the ombudsman more than one year after his written complaint to the professional;
The dispute does not come within his/her field of expertise.
The consumer is informed of the rejection of his/her request for mediation by the ombudsman within three weeks of receipt of his/her file. “
The parties are not obliged to accept the solution offered by the ombudsman and the parties are free not to have recourse to this mediation process.

11.3. Competent jurisdiction
Any request in law must be made before the competent French jurisdiction. 

If you are a professional, we will endeavour to reach a friendly agreement together. Failing any friendly settlement within 30 (thirty) days from the date of first notification, any request in law should be made to the Paris Commercial Tribunal (France), which is solely competent, even in the case of an incidental claim, multiple defendants or the introduction of third parties.

Article 9.  Applicable law
These General terms and conditions of sale are subject to French law.