The purpose of these general conditions of sale is to define the conditions under which Mr. Brice MULLER, individual entrepreneur, operating under the brand “BMKEYS”, 76 Rue De Ferrette in 68640 RIESPACH, SIRET 98257801500017 (hereinafter referred to as the “Seller”) ) supplies all products (hereinafter referred to as the “Products”) offered for sale by it to any buyer (hereinafter referred to as the “Buyer”) and appearing on its website accessible at the address bmkeys.fr (hereinafter referred to as the “Site”).
This Site describes the Products, presents their characteristics and determines, except for personalized Products in which case a quote is sent, the corresponding prices. These general conditions of sale specify in particular the conditions of ordering, payment, delivery and management of possible returns of Products ordered by Buyers.
Prior to any sale, these general conditions of sale are made available to any Buyer for information purposes, they are available and accessible online at any time at the following link https://www.bmkeys.fr.
These general conditions of sale apply automatically, without restriction or reservation, to all Products. Any order implies unreserved acceptance by the Buyer of these general conditions of sale which prevail over all other conditions, with the exception of those which have been expressly accepted by the Seller. Validation of the order by the Buyer therefore constitutes acceptance without restriction or reservation of these general conditions of sale.
The Buyer acknowledges having had communication, prior to any purchase of Product, in particular any order or signing of a contract with the Seller, in a readable and understandable manner, of these general conditions of sale and all legal information, in particular information relating to:
The Seller’s contact details are: Mr. Brice MULLER, individual entrepreneur, operating under the brand “BMKEYS”, 76 Rue De Ferrette in 68640 RIESPACH, Telephone: 06 82 14 64 52, Email: contact@bmkeys.fr.
Product offers are within the limits of available stocks.
The main characteristics of the Products, bringing together all the substantial information required by the applicable regulations and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the Site in the product sheets and the Seller’s catalog. The Buyer is required to read it before placing an order.
The Buyer is also required to refer to the description of each Product in order to know its properties, essential characteristics and delivery times. The photographs and graphics presented on the Site are not contractual and cannot engage the liability of the Seller.
The choice and purchase of a Product are the sole responsibility of the Buyer.
The Products sold by the Seller corresponding to vehicle keys are sold blank, that is to say that these keys are not engraved and cannot be used as is to access and start the vehicle. It is up to all Buyers, under their sole responsibility and at their own expense, to have the key engraved (Neiman imprint) after receiving it from any engraver of their choice. The right of withdrawal exercised within the legal period is no longer applicable after engraving the key.
The vehicle model references cited in the description of the Products for compatibility purposes correspond in principle to said vehicle models. However, it is up to the Buyer to check that the key corresponds to the shape or profile chosen. In case of doubt, the Buyer is invited to contact the Seller. In this case, photographs of the key may be requested.
Any order, to be valid, must either be placed from the Site using the form
dedicated.
To do this, the Buyer must, to place an order, select the Product(s), put them in the basket and validate the basket. The Buyer has the possibility to check the details of his order, its total price and to correct any errors before confirming his acceptance. It is his responsibility to verify the accuracy of the order and to immediately report or correct any errors.
An order is registered on the Site when the Buyer accepts these general conditions of sale by checking the box provided for this purpose and validates his order. This validation implies acceptance of all of these general conditions of sale.
The sale is deemed concluded (and the contract concluded) after sending to the Buyer confirmation of acceptance of the order by the Seller by e-mail, which is sent without delay, after receipt by the Seller of the full price.
These general conditions of sale and the orders form an indivisible whole and constitute the contract between the Seller and the Buyer.
Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be modified and cannot be canceled, except in the exercise of the right of withdrawal or in cases of force majeure.
Unless proven otherwise, the data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Buyer concerning orders placed on the Site.
The Seller reserves the right to cancel or refuse any order from a Buyer with whom there is a dispute relating to the payment of a previous order.
In the event of an order to a country other than mainland France, the Buyer is the importer of the Product(s) concerned.
In addition, for all Products shipped outside the European Union and Overseas Territories, the price will be calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. They are the responsibility and sole responsibility of the Buyer.
The Products are supplied at the prices in force which are those appearing on the Site on the day of the order.
These prices are firm and final during their period of validity. The Seller reserves the right, outside this period of validity, to modify prices at any time.
Prices are valid only for mainland France.
Prices are expressed in euros, excluding taxes and all taxes included.
The prices do not include processing, shipping, transport and delivery costs, which are invoiced additionally, under the conditions indicated on the Site and calculated before placing the order. If the Buyer wishes a faster or more expensive shipping method than standard shipping, the additional costs of processing, shipping, transport and delivery, as calculated prior to validation of the order by the Buyer, are fully responsible.
Transport and delivery costs amount to: Colissimo rates depending on the delivery area (official colissimo link: https://www.laposte.fr/tarif-colissimo).
Payment of all prices is made in cash when ordering by credit card, paypal or transfer. Payment by credit card is irrevocable, except in the event of fraudulent use of the card. In this case, the Buyer may request the cancellation of the payment and the restitution of the corresponding sums.
No order can be taken into account without full payment by this date.
In the event of late payment, the Seller applies late payment penalties calculated at the legal interest rate applied to the Price of the Product per day of delay. These penalties are acquired automatically, after prior notice, and result in the immediate payment of all sums due by the Buyer, without prejudice to any other action that the Seller is entitled to take, in this respect, against the Buyer. In addition, the Seller reserves the right, in the event of non-compliance with the payment conditions appearing above, to suspend or cancel the order placed by the Buyer.
Place of delivery – Unless there is a specific condition mutually agreed between the Seller and the Buyer, delivery will be made in mainland France to the address provided by the Buyer at the time of the order.
Delivery date – Unless there is a specific condition mutually agreed between the Seller and the Buyer, the Products are delivered within the time limit indicated on the day the order is placed on the Site. In the absence of an indicated deadline, the Products are delivered within a maximum period of 30 days after the conclusion of the contract.
If the Products ordered have not been delivered within seven (7) working days after the indicative delivery date, for any reason other than force majeure or the act of the Buyer, the Buyer may notify the Seller , either the suspension of payment of all or part of the price until the Seller complies, under the conditions provided for in articles 1219 and 1220 civil code, or the resolution of the sale, after having given the Seller formal notice to execute within a reasonable additional period not respected by the Seller.
Termination may be immediate if the Seller refuses to perform or if it is clear that he will not be able to deliver the Products or if the missed delivery time constituted, for the Buyer, an essential condition of the sale.
In the event of termination of the sale under the aforementioned conditions, the sums paid by the Buyer are returned to him at the latest within fourteen days following the date of termination of the contract.
Delivery terms – The delivery of the Products (which means the transfer to the Buyer of physical possession or control of the Products ordered) is accompanied by the delivery of the instructions for use and a writing mentioning the possibility to formulate reservations (in particular in the event of a defect in the Products). Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.
The Products are packaged at the Seller’s discretion. In the event of a specific request from the Buyer concerning the conditions of packaging or transport of the Products ordered, duly accepted in writing by the Seller, the related costs will be subject to additional specific invoicing, based on a quote previously accepted by written by the Buyer.
Transfer of risks – The risks of the Products (in particular any risk of loss or damage to the Products) are transferred to the Buyer at the moment when the latter or a third party designated by him takes physical possession of these Products. When the Buyer entrusts the Products to a carrier other than that proposed by the Seller, the risk of loss or damage to the Products is transferred to the Buyer when the Products are handed over to the carrier.
THE TRANSFER OF OWNERSHIP OF THE SELLER’S PRODUCTS, TO THE BENEFIT OF THE BUYER, WHETHER IT IS AN IMMEDIATE PURCHASE OR AN ORDER, WILL ONLY BE CARRIED OUT AFTER COMPLETE PAYMENT OF THE PRICE BY THE LATTER, AND WHATEVER REGARDLESS OF THE DELIVERY DATE OF SAID PRODUCTS.
In accordance with the provisions of Article L. 221-28 of the Consumer Code, the right of withdrawal does not apply to Products which are made according to the Buyer’s specifications or clearly personalized. In addition, the right of withdrawal exercised within the legal period is no longer applicable to Products corresponding to car keys after engraving of the key.
For Products which are not made according to the Buyer’s specifications or clearly personalized, the Buyer has a period of fourteen days to exercise his right of withdrawal, without having to justify his decision or to bear other costs. as the direct costs of returning the Products.
This period runs from the day of receipt of the Products by the Buyer or a third party, other than the carrier, designated by him. The day of receipt of the Products is not counted in the deadline. The period begins to run at the start of the first hour of the first day and ends at the end of the last hour of the last day of the period. If this period expires on a Saturday, Sunday or public or non-working holiday, it is extended until the first following working day.
In the case of an order for several Products delivered separately or in the case of an order for a Product made up of batches or multiple pieces whose delivery is spread over a defined period, the period runs from receipt of the last Product or batch or of the last piece.
The Buyer exercises his right of withdrawal by informing the Seller of his decision to withdraw by sending, before the expiry of the period provided above of fourteen days, the withdrawal form annexed to these general conditions and available to all. moment on the site or any other declaration, unambiguous, expressing its desire to retract.
The Buyer returns or returns the Products to the Seller or to a person designated by the latter, without undue delay and, at the latest, within fourteen days following communication of its decision to withdraw. Returns of Products must be made in their original condition and complete (packaging, accessories, instructions, etc.), in their original packaging and in perfect condition, allowing them to be put back on the market in new condition. Damaged, soiled or incomplete Products will not be returned.
When the right of withdrawal is exercised within the aforementioned fourteen day period, the Seller reimburses the Buyer for all sums paid, including delivery costs, without unjustified delay and at the latest within fourteen days from the date of recovery of the Products or until the Buyer has provided proof of shipment of these Products, the date chosen being that of the first of these events. Return costs remain the responsibility of the Buyer.
The Seller makes this reimbursement using the same means of payment as that used by the Buyer for the initial transaction, unless the Buyer expressly agrees to use another means of payment and to the extent that the reimbursement does not does not incur costs for the Buyer.
The Seller is not required to reimburse additional costs if the Buyer has expressly chosen a more expensive delivery method than the standard delivery method offered by the Seller.
The Products comply with the regulations in force in France and have performances compatible with the Buyer’s uses.
The Buyer benefits automatically and without additional payment on the Products, under the conditions recalled below from:
The Buyer may exercise these legal guarantees which are set out and detailed below by sending his request to Mr. Brice MULLER (the person responsible for the guarantees) by post to the address 76 Rue De Ferrette in 68640 RIESPACH, by telephone: 06 82 14 64 52, by email sent to contact@bmkeys.fr.
In order to assert its rights, the Buyer must inform the Seller, in writing, of the non-conformity of the Products within the deadlines referred to above and return the defective Products in the condition in which they were received with the all elements (accessories, packaging, instructions, etc.).
The Seller will reimburse, replace or repair Products or parts under warranty deemed non-compliant or defective. In the event of delivery, shipping costs will be reimbursed on the basis of the invoiced price and return costs will be reimbursed upon presentation of supporting documents.
Reimbursements for Products deemed non-compliant or defective will be made as soon as possible following the Seller’s discovery of the lack of conformity or hidden defect.
The Seller’s liability cannot be incurred in the event of misuse of the Product, use not in accordance with the instructions for use communicated where applicable by the Seller, negligence or lack of maintenance on the part of the Buyer, as in the event of normal wear and tear of the Product or failure in the event of an accident.
The Seller’s guarantee is, in any event, limited to the replacement or reimbursement of non-compliant Products or those affected by a defect following the stipulations provided for in this article.
(Reproduction of the Appendix to Article D. 211-2 of the Consumer Code*)
The consumer has a period of two years from delivery of the goods to obtain implementation of the legal guarantee of conformity in the event of a lack of conformity appearing. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance. When the contract of sale of the good provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal guarantee is applicable to this digital content or this digital service throughout the period. expected supply period. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or the digital service and not the date of its appearance.
The legal guarantee of conformity entails an obligation for the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods. The legal guarantee of conformity entails an obligation for the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods. If the item is repaired within the framework of the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.
If the consumer requests repair of the good, but the seller requires replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the good.
The consumer can obtain a reduction in the purchase price by keeping the goods or end the contract by being reimbursed in full against return of the goods, if:
1° The professional refuses to repair or replace the goods;
2° The repair or replacement of the goods takes place after a period of thirty days;
3° The repair or replacement of the good causes a major inconvenience for the consumer, in particular when the consumer definitively bears the costs of taking back or removing the non-compliant good, or if he bears the costs of installing the repaired good or of substitution ;
4° The non-compliance of the goods persists despite the seller’s unsuccessful attempt to bring them into conformity.
The consumer also has the right to a reduction in the price of the good or to the termination of the contract when the lack of conformity is so serious that it justifies the reduction in the price or the termination of the contract being immediate. The consumer is then not required to request repair or replacement of the goods beforehand. The consumer does not have the right to cancel the sale if the lack of conformity is
minor. Any period of immobilization of the good for its repair or replacement suspends the guarantee which remained to run until the delivery of the restored good.
The rights mentioned above result from the application of articles L. 217-1 to L. 217-32
of the consumer code. The seller who obstructs in bad faith the implementation of the legal guarantee of conformity incurs a civil fine of a maximum amount of 300,000 euros, which can be increased up to 10% of the average annual turnover ( article L. 241-5 of the Consumer Code). The consumer also benefits from the legal guarantee against hidden defects in application of articles 1641 to 1649 of the civil code, for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the item is kept or to a full refund against return of the item.
*it is specified for the sake of understanding that the terms used in this box correspond to the following definitions: “consumer” corresponds to “Buyer”, “good” corresponds to “Product” and “professional” corresponds to “Seller”.
Legal guarantee relating to hidden defects / Legal guarantee of defects in the item sold
(Articles 1641 and following of the civil code)
The Seller is bound by the guarantee for hidden defects in the thing sold (the Products) 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 them.
The Seller is not liable for apparent defects of which the Buyer was able to convince himself.
He is liable for hidden defects, even if he is not aware of them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee. In the case of articles 1641 and 1643 of the civil code, the Buyer has the choice of returning the thing (the Products) and having the price refunded, or keeping the thing (the Products) and having part of it returned. price.
If the Seller knew of the defects in the thing (the Products), he is liable, in addition to restitution of the price he received, for all damages to the Buyer.
If the Seller is unaware of the defects in the item (the Products), he will only be required to refund the price, and to reimburse the Buyer for the costs incurred by the sale.
If the thing (the Products) which had defects perished as a result of its poor quality, the loss is for the Seller, who will be liable to the Buyer for restitution of the price and other compensation explained in this box.
But the loss occurring by fortuitous event will be for the account of the Buyer. Action resulting from redhibitory defects must be brought by the Buyer within two years of discovery of the defect.
As the Products are made from wood, a natural material, the Seller cannot be held responsible for a minor difference in color, shade or appearance between the photography presented on the Site and the final Product.
Furthermore, the Seller cannot under any circumstances be held responsible in the event of stock shortages, unavailability of Products or force majeure.
The sale of the Products does not confer any intellectual property rights on the Buyer. The Seller remains the owner of all intellectual property rights, in particular, on the designs, models and prototypes produced as part of the supply of the Products. Consequently, the Buyer refrains from any reproduction or exploitation, in particular of said designs, models and prototypes, without the express, written and prior authorization of the Seller.
In addition, the content of the Site is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly prohibited and may constitute a
crime of counterfeiting.
The Seller declares that it holds an insurance policy taken out with Allianz in the amount of 2,500,000 euros guaranteeing the financial consequences of the incurring of its tort or contractual liability likely to be incurred in the context of the sale of the Products.
The information collected by the Seller benefits from protection under the applicable regulations on the protection of personal data. In particular, the information communicated during any order gives rise to automated processing for the purposes of executing the sales contract. In addition, the data may be used for the promotion of similar Products, unless the Buyer notifies the Buyer at the Seller’s postal address. For more information, the Buyer is invited to consult the data confidentiality policy.
Consumer mediation
The Buyer may have free recourse to a consumer mediator with a view to amicably terminating the dispute between him and the Seller.
Consumer mediation is an extrajudicial settlement of consumer disputes.
Disputes falling within the scope of consumer mediation are disputes of a contractual nature, relating to the execution of a sales or service supply contract, between a consumer and a professional. The text covers domestic disputes and cross-border disputes.
In application of these provisions, the Buyer is invited to contact the Seller in advance by a written complaint by post or email to the address indicated in the article “Seller’s contact details” of these general conditions of sale to try to resolve any difficulty directly from the Seller.
If the dispute with the Seller persists, the Buyer is informed that he can contact the consumer mediation service free of charge. Pending the referral of a consumer mediator with official competence in its branch of commercial activity, the Seller offers the use of the consumer mediation service. : Consumer mediation center of justice conciliators (CMC2) whose contact details follow: 49 Rue de Ponthieu 75008 Paris, cm2c@cm2c.net or on https://cm2c.net/.
The Buyer may, at his own expense, be represented by a lawyer or be assisted by any person of his choice at all stages of the mediation or request, at his own expense, the opinion of an expert.
The mediator must be contacted by the Buyer within a maximum period of one year after attempting to resolve the dispute directly with the Seller. The solution proposed by the mediator is not binding on the parties to the contract.
Online dispute resolution platform:
An online dispute resolution platform is also available to the Consumer Buyer in the event of an online purchase, accessible at the following address https://ec.europa.eu/consumers/odr/main/index. cfm?event=main.home2.show&lng=FR facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union.
Alternative dispute resolution method:
The Buyer is informed that he may in any case resort to any alternative method of dispute resolution (conciliation, for example).
All disputes to which the purchase and sale operations concluded in application of these general conditions of sale could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their consequences and which could not have been be resolved between the Seller and the Buyer will be submitted to the competent courts under the conditions of common law.
If the dispute must be brought before the courts, the Buyer may, at his choice, seize, in addition to one of the territorially competent courts under the code of civil procedure, the jurisdiction of the place where he resided at the time of the conclusion of the contract. or the occurrence of the damaging event.
These general conditions of sale are governed by French law.
The possible cancellation of one or more clauses of these general conditions of sale
for any reason whatsoever cannot affect its other stipulations which
will continue to produce their full effect.
The fact of one or the other party not availing itself of the rights granted by these general conditions of sale or the fact of one or the other party not requesting or requiring the application, the execution or observation of a provision, obligation or condition provided for in these general conditions of sale, will not affect the right of either party to require the execution or observation thereof. later.
These general conditions may be subject to subsequent modifications, in particular to take into account legislative and regulatory developments, the version applicable to the purchase of Products by the Buyer being that in force on the date of acceptance of the order. by the Seller.
Version dated 02/15/2024
Written by Maître Apolline SCHMITT – Avenue 52 Avocats
