General terms and conditions of sale
General terms and conditions of sale
Article 1 : Our offers
The general conditions of sale apply to all orders placed on or with the website https://www.hkoenig.com/
These conditions apply to the exclusion of all other conditions.
Any order placed with the HKoenig website implies the knowledge of the present conditions as well as the full, unconditional and unreserved acceptance of the General Sales Conditions (GSC) in force on the day of the said order by the Customer.
For the purposes of these terms and conditions, the Customer is understood to be the person with whom the purchase-sale relationship is established and who will be invoiced for the order.
1.2 Offers: the scope of marketing
The products we offer comply with the legislation and standards applicable in France. If you are domiciled outside French territory, you will take into consideration the fact that you remain the importer (or the intra-community purchaser) of the product (s) concerned.
Customs duties, local taxes, import duties, or state taxes that may be required are your responsibility.
In addition, you should check with local authorities the possibilities of importing or using the products or services you plan to deliver.
In particular, if you have your order delivered elsewhere than on French territory, you are required to proceed, with the authorities in your territory, to the payment of any tax, royalty or remuneration due in respect of private copying or, more generally, property rights. intellectual.
If you do not respect the legislation of the country where you have introduced the products, we cannot be held responsible.
1.3 Product identification: the information provided
The photographs, texts, graphics, technical data sheets are for the most part derived from documentation produced by the manufacturers or constructors, reproduced under their control and with their agreement.
1.4 The prices
All prices of products offered for sale on the HKoenig website are in Euros, all taxes included, excluding processing and shipping costs (if applicable).
The HKoenig site reserves the right to modify the sales prices at any time, but undertakes to apply the price in force at the time of validation of the order, subject to the availability of the products.
Article 2 : The order
2.1.1 The product and price offers are valid as long as they are visible on the HKoenig website, and within the limits of available stocks.
2.1.2 If the product is unavailable after the order has been placed, the Customer will be informed of the time frame within which the product will be available. If the Customer does not wish to wait for this availability or in case of definitive unavailability of the product, the Customer will be reimbursed for the totality of the sums paid (if his bank account has been debited) within 14 days following the cancellation of the order and in accordance with article L. 216- 3 of the Consumer Code.
2.2 Ordering information: information to be provided
You must check the completeness and accuracy of the information you provide when ordering, including the delivery address.
We cannot be held responsible for any input errors and the consequences thereof.
In this context, you will be responsible for any costs incurred in re-sending the order.
Article 3 : Payment
3.1 Payment methods
To pay for your order, you have all the payment methods offered during the final validation of the order form:
3.2 Total payment: the principle
You pay the full price of the product at the time of ordering.
We will have the right to refuse to make the delivery or to honor an order in the event that you have not paid for it in full.
3.3 Securing payments
The information relating to the Customer's credit card benefits from the SSL encryption process. This information is sent directly to the Bank of the HKoenig site, it does not transit and is not stored on the servers of the HKoenig site.
Article 4 : Delivery
4.1. Transport: mode and costs?
The products will be delivered to the address you indicated on the order form.
We reserve the right to charge a contribution to the shipping costs. The requested participation is detailed and indicated before the order is confirmed.
4.2. Delivery dates
A delivery deadline is set before placing your order. This delivery date does not take into account anti-fraud checks and / or requests for supporting documents which may sometimes be requested from you.
HKoenig is committed to ensuring that the collection and processing of your data from the www.hkoenig.com website complies with the General Data Protection Regulation (RGPD) and the French Data Protection Act.
The delivery time, given as an indication, is 48 working hours for delivery by Colissimo without supplement and 24 working hours by TNT with a supplement of 3 euros. This only for any order placed and validated before noon from Monday to Friday excluding public holidays, for delivery in mainland France.
These deadlines are given for information only and may be extended in the event of an exceptional situation or delay of the third-party transport company.
Depending on the type, weight and volume of the products ordered, HKoenig reserves the right to use other companies or types of transport.
4.3 Loss or delay in delivery
In case of loss of the parcel or delay in delivery due to the transport company, research will be launched by HKoenig as soon as possible.
In case of loss or damage, a new product will be sent to the Customer subject to its availability or will be refunded if the product is not available.
In case of loss of the parcel, if the research did not allow to find it within 15 days after its shipment, HKoenig undertakes to send a new product or to proceed to the refund of the order according to the choice of the Customer and the availability of the product.
Article 5 : Receipt of the order
5.1. The initial check: what precautions to use?
When it comes to delivery, you must always make sure that the product is not damaged (visible or after unpacking). The carrier has the obligation to give you the time necessary to unpack the product for its verification.
If the product turns out to be damaged, you then have two options: either you accept the product anyway, then for any subsequent return the costs will remain your responsibility. Either you refuse the product and the carrier is responsible for returning it to the seller.
In any event, transport regulations invite you to report any reception incident within 3 clear days by registered letter with acknowledgment of receipt. If you choose to keep the product, it is essential that you keep the items in the state in which they were delivered to you (accessories, instructions, packaging (s) and overpack (s) included).
5.2. Product delivered not in conformity with the order: what to do?
In the event of a non-compliant product, you can make your complaints to our customer service.
- Either to the postal address: HKoenig, 8 rue Mac Seguin, 77290 Mitry-Mory,
- Or by email to the address: email@example.comIl
You will be asked to diewrite precisely the reasons justifying the non-compliance.
If the product is declared not to conform to the expected characteristics, you will return it to us at our expense. On the other hand, if the product is declared to conform to the specifications, but does not satisfy you, you will return it to us at your expense. (see 6.1).
Article 6 : The right of withdrawal
6.1 The right of withdrawal
In accordance with Articles L. 221-18 et seq. of the French Consumer Code, the Customer has a period of 14 working days from the day following receipt of the article to exercise his right of withdrawal without having to give any reason for his decision or to bear any other costs, with the exception of the cost of returning the article, which remains at his expense.
In the case of an order for several items delivered separately, the period shall run from the receipt of the last item.
6.2 Exercising the right of withdrawal
To exercise your right of withdrawal, you must notify us of your decision to withdraw from your order, either by contacting customer service or by using the withdrawal form attached to these general terms of sale.
Any damage suffered by the product on this occasion is likely to prevent you from exercising your right of withdrawal.
Pursuant to Article L. 221-28 of the Consumer Code, we remind you that copyable products are subject to personal and specific rights of use regulating copies, public distribution and reproduction. You must not have unsealed the packaging of the copyable products in order to exercise your right of withdrawal.
We remind you that the legislator still excludes goods made to precise specifications, goods that can be personalised or which, because of their nature, cannot be returned or are likely to deteriorate or expire quickly.
6.4 How to return items
The Customer has a period of 14 days from the communication of his decision to withdraw to return his article to the HKoenig site. The return costs are at the Customer's expense.
The Customer must return the item to the following address
8 rue Marc Seguin
The customer can also bring the article to the address mentioned; the refund period remains the same.
For items that cannot be returned by post due to their nature and/or size (e.g. over 30kg), the Customer will find below an estimate of the cost of returning the item to a carrier of their choice. The amount of the return costs is at the expense of the Customer.
(This estimate is not binding on HKoenig, the price to be paid for the return of the item may vary depending on the carrier chosen)
Heavy appliances: Air conditioner, Refrigerator, Washing machine, Dryer, Dishwasher, Oven, Cooker, Freezer, etc...
Between €50 and €200
Other items > 30 kg (or other incompatibility with transport by post)
Between €50 and €200
Following your request for withdrawal and in accordance with the legislation in force, the HKoenig site will proceed with the reimbursement within 14 days following the notification of the withdrawal request. In the absence of receipt of the product or proof of shipment of your product within this period, the HKoenig site reserves the right to postpone the refund until receipt of the product.
The refund will be made using the same payment method as the one used by the Customer for the initial transaction, except in case of technical impossibility.
Refunds will be made on the basis of standard delivery, any additional costs due to a more expensive delivery option will not result in a refund.
However, and in accordance with paragraph 3 of Article L. 221-23 of the French Consumer Code, the Customer may be held liable in the event of depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the product. To this end, the Customer must handle and inspect the product with all necessary precautions.
The Customer must also ensure that the order for which they are withdrawing is returned complete.
6.6 Effect of the right of withdrawal
In accordance with Article L. 221-27 paragraph 2 of the Consumer Code, the exercise of the right of withdrawal from a main distance or off-premises contract automatically terminates any ancillary contract, at no cost to the consumer other than those provided for in Articles L. 221-23 to L. 221-25 of the Code.
Article 7 : Guarantees
7.1 Legal guarantees
It is recalled that the consumer, in the context of the legal guarantee of conformity:
- Has a period of two years from the delivery of the property to act,
- May choose between repairing or replacing the goods, subject to the cost conditions set out in Article L. 211-9 of the Consumer Code,
- Is exempted from proving the existence of the lack of conformity of the goods during the twenty-four months following the delivery of the goods. For goods sold second-hand, this period is set at six months,
- The legal guarantee of conformity applies independently of the commercial guarantee that may cover your goods.
It is recalled that the consumer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and that in this case he may choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
You can contact us at the following e-mail address: firstname.lastname@example.org for any information concerning the follow-up of your order, the right of retraction and the exercise of the guarantee of your product or contact us at 01 64 67 00 05
Applicable legal provisions
Article L. 217-3 of the Consumer Code
The seller shall deliver goods that comply with the contract and the criteria set out in Article L. 217-5.
He shall be liable for any lack of conformity existing at the time of delivery of the goods within the meaning of Article L. 216-1, which appear within a period of two years from the delivery.
In the case of a contract for the sale of goods with digital elements :
- Where the contract provides for the continuous supply of digital content or a digital service for a period of two years or less, or where the contract does not specify the duration of the supply, the seller shall be liable for any lack of conformity of the digital content or digital service which becomes apparent within two years from the delivery of the goods;
- Where the contract provides for the continuous supply of digital content or a digital service for a period of more than two years, the seller shall be liable for any lack of conformity of that digital content or digital service which arises during the period for which it is supplied under the contract.
For such goods, the applicable time limit does not deprive the consumer of his right to updates in accordance with the provisions of Article L. 217-19.
The seller shall also be liable, within the same time-limits, for any lack of conformity resulting from the packaging, the instructions or the installation, where the latter was his responsibility under the contract or was carried out under his responsibility, or where the incorrect installation, carried out by the consumer as provided for in the contract, is due to shortcomings or errors in the installation instructions supplied by the seller.
This guarantee period shall apply without prejudice to Articles 2224 et seq. of the Civil Code. The starting point of the limitation period for the consumer's action is the day on which the consumer becomes aware of the lack of conformity.
Article L. 217-5 of the Consumer Code
I.- In addition to the criteria of conformity with the contract, the good is in conformity if it meets the following criteria:
1° It is fit for the purpose normally expected of goods of the same type, taking into account, where appropriate, any provisions of European Union and national law and any technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned ;
2° Where appropriate, it shall possess the qualities which the seller has presented to the consumer in the form of a sample or model before the conclusion of the contract;
3° Where applicable, the digital elements contained therein shall be provided according to the most recent version available at the time of the conclusion of the contract, unless the parties agree otherwise;
4° Where applicable, it shall be delivered with all the accessories, including packaging, and installation instructions that the consumer may legitimately expect;
5° Where applicable, it is provided with the updates that the consumer may legitimately expect, in accordance with the provisions of Article L. 217-19 ;
6°It corresponds to the quantity, and other characteristics, including durability, functionality, compatibility and safety, which the consumer may legitimately expect for goods of the same type, taking into account the nature of the goods as well as public statements made by the seller, by any person upstream in the transaction chain, or by a person acting on their behalf, including in advertising or on labelling
II.- However, the seller shall not be bound by any public statements referred to in the preceding paragraph if he demonstrates:
1° That he did not know them and was not legitimately in a position to know them;
2° that at the time of the conclusion of the contract the public statements had been corrected in a manner comparable to the original statements; or
3° That the public statements could not have influenced the purchase decision.
III.- The consumer may not contest the conformity by invoking a defect relating to one or more particular characteristics of the goods which he was specifically informed deviated from the criteria of conformity set out in this Article and to which he gave his express and separate consent at the time of conclusion of the contract.
Article L. 217-8 of the Consumer Code
In the event of lack of conformity, the consumer shall be entitled to have the goods repaired or replaced or, failing that, to have the price reduced or the contract rescinded, in accordance with the conditions set out in this Subsection.
The consumer shall also have the right to suspend payment of all or part of the price or delivery of the benefit provided for in the contract until the seller has fulfilled his obligations under this Chapter, in accordance with Articles 1219 and 1220 of the Civil Code.
The provisions of this chapter are without prejudice to the award of damages.
Article L. 217-13 of the Consumer Code
Any goods repaired under the legal guarantee of conformity benefit from an extension of this guarantee of six months.
If the consumer chooses to have the goods repaired but the seller does not do so, the period of the legal guarantee of conformity attached to the replaced goods shall start to run again for the consumer. This provision shall apply from the day the replacement goods are delivered to the consumer.
Article L. 217-28 of the Consumer Code
When a consumer asks the guarantor, during the period of the legal guarantee or the commercial guarantee granted to him at the time of purchase or repair of a good, for repair covered by that guarantee, any period of immobilisation shall suspend the guarantee which remained in force until the delivery of the repaired good.
This period shall run from the time when the consumer requests action or the goods are made available for repair or replacement, if this is more favourable to the consumer.
The guarantee period shall also be suspended where the consumer and the guarantor enter into negotiations for an amicable settlement.
Article 1641 of the Civil Code
The seller shall be liable for any hidden defects in the goods sold which render them unfit for the purpose for which they were intended, or which reduce that purpose to such an extent that the buyer would not have purchased them, or would have paid a lower price for them, if he had known of them.
Article 1648 paragraph 1 of the Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within 2 years of the discovery of the defect.
The existence and extent of a manufacturer's warranty will be indicated on the product sheet.
- The warranty only covers parts, labour and the cost of returning the appliance after repair. The customer is responsible for sending the product for repair.
- The guarantee does not cover normal wear and tear of a product (such as filters, brushes, etc.); nor does it apply to the repair of damage resulting from a cause external to the appliance (e.g. an accident, a shock, lightning, storm, the presence of sand and/or water, dust (and more generally all bodies foreign to the appliance, a current fluctuation, oxidation, etc.), use, abnormal use, installation or connection that does not comply with the manufacturer's specifications or instructions, use that is harmful to the good preservation of the appliance, etc.). ), abnormal use, installation or connection that does not comply with the manufacturer's specifications or instructions, use that is detrimental to the good preservation of the equipment, professional use, use of unsuitable peripherals, accessories or consumables, or equipment modified by a non-approved workshop.
In any case, you benefit from the legal guarantee of hidden defects and conformities which will be applied in accordance with the Law.
HKoenig will take back the customer's old item purchased online free of charge. If you buy a new product, you can return the used product to us for recycling free of charge.
To do so, please contact us within 4 days of your purchase, via the email address: email@example.com
Please note: the used equipment you are returning must be securely packaged before going through the postal system.
Upon receipt of your email request, we will then issue a pre-paid return label, which will be emailed to you to enable you to return your device free of charge.
Article 8 : Cookie Usage
The following links explain how to refuse or change the settings of these cookies
- For Internet Explorer: click here
- For Chrome: click here
- For Firefox: click here
- For Safari: click here
Article 9 : Personal data
The HKoenig.com site processes your data in order to manage orders received, deliveries, customer relations, sales analyses and to improve the performance of the site.
In accordance with the French Data Protection Act No. 78-17 of 6 January 1978, as amended, and the General Data Protection Regulation (RGPD) No. 2016/679 of 27 April 2016, you have the right to access, rectify, object to and delete data concerning you.
You can exercise these rights by sending a letter to the following address: firstname.lastname@example.org
8 rue Marc Seguin 77290 Mitry-Mory
Tel : 01 64 67 00 05
Email : email@example.com
We inform you that this automated processing of information, in particular the management of users' e-mail addresses, has been declared to the CNIL.
Article 10 : Dispute
For any complaint, the HKoenig Site customer service is at your disposal.
The present general conditions of sale are subject to French law. In the event that one or more clauses of these general terms and conditions of sale should become null and void following a change in legislation or by a court decision, this shall in no way affect the validity of the other clauses, which shall remain applicable.
Annexe 1 : Withdrawal form
Please complete and return this form only if you wish to withdraw from the order placed on the site or through the site: HKoenig.com except for exclusions or limits to the exercise of the right of withdrawal according to Article 6 of our General Conditions of Sale.
For the attention of :
8 rue Marc Seguin
Ordered on / Received on :
Order number :
Customer name :
Email address (used for ordering) :
Customer address (delivery address) :
Client's signature :
As soon as we receive your mail, we will send you an e-mail confirming receipt of your mail and the documents needed to return your package.