Preamble

The present general terms and conditions of sale apply to all sales concluded on the k-ren website. The website www.k-ren.fr is a service of:  

• The company K-ren SAS with a capital of 78 570 €
• located at 133 Montpellier Road 34160 Sussargues, France
• website URL : www.k-ren.fr
• e-mail : contact@k-ren.fr
• Phone number : 09 78 80 40 33
• registration number RCS : 887 627 776 R.C.S. Montpellier

The k-ren website sells the following products: boat protection covers. 

The customer declares that they have read and accepted the general terms and conditions of sale prior to placing their order. Therefore, the validation of the order constitutes acceptance of the general terms and conditions of sale.

Article 1 - Principles 

The present general conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation. 

The present general terms and conditions of sale apply to the exclusion of all other conditions, particularly those applicable to in-store sales or through other distribution and marketing channels. 

They are accessible on the k-ren website and will prevail, if applicable, over any other version or any other contradictory document. 

The seller and the buyer agree that these general terms and conditions exclusively govern their relationship. The seller reserves the right to modify its general terms and conditions from time to time. They will be applicable as soon as they are published online. 

If a sales condition were to fail, it would be considered governed by the practices in force in the distance selling sector where the companies are based in France.  

Article 2 - Content

The purpose of these general terms and conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, through the k-ren website. 

The present terms only apply to purchases made on the k-ren website and delivered exclusively in mainland France or Corsica. For any delivery to the DOM-TOM or abroad, please send a message to the following email address: contact@k-ren.fr. 

These purchases concern the following products: boat protective covers.

Article 3 - Pre-contractual information

The buyer acknowledges having received, prior to placing their order and concluding the contract, in a readable and understandable manner, these general terms and conditions of sale and all the information listed in Article L. 221-5 of the Consumer Code. 

The following information is provided to the buyer in a clear and understandable manner:

• the essential characteristics of the property ;

• the price of the property and/or the method of calculating the price;

where applicable, any additional transport, delivery or postage costs and any other costs that may be payable;

• in the absence of immediate execution of the contract, the date or deadline by which the seller commits to deliver the goods, regardless of their price ;

• the information related to the identity of the seller, their postal, telephone, and electronic contact details, and their activities, those related to legal warranties, the features of digital content and, where applicable, its interoperability, the existence and the terms of implementation of warranties and other contractual conditions.

Article 4 - The Order 

The buyer must submit an online quote request by providing the necessary information to establish the price of the custom product. The buyer must validate these general conditions when making the quote request by clicking in the indicated place. The quote will be sent to them by email..

In order for the order to be validated, the buyer must accept the quote by clicking in the indicated place. They must also choose the address and the delivery method, and finally confirm the payment method.. 

The sale will be considered final :

• after the buyer has been sent the confirmation of the seller's acceptance of the order by email;

• and after the seller has received the full payment or after the first payment in the case of installment payments.

Any order constitutes acceptance of the prices and the description of the products available for sale. Any dispute on this point will be addressed within the framework of a potential exchange and the guarantees mentioned below..

In certain cases, including non-payment, incorrect address, or other issues with the buyer's account, the seller reserves the right to block the buyer's order until the issue is resolved..

For any questions regarding order tracking, the buyer can call the following phone number: 07 67 83 04 85 (cost of a local call), on the following days and times: Monday to Friday from 9 AM to 5 PM, or send an email to the seller at the following email address : contact@k-ren.fr.

Article 5 - Electronic Signature 

The online provision of the buyer's credit card number or bank transfer and the final validation of the order will serve as proof of the buyer's agreement. :

• enforceability of the amounts due under the purchase order;

• signature and express acceptance of all operations carried out.

In the event of fraudulent use of the credit card, the buyer is invited, as soon as this use is detected, to contact the seller at the following phone number: 07 67 83 04 85.

Article 6 - Proof of Transaction

The computerized records, kept in the seller's computer systems under reasonable security conditions, will be considered as evidence of the communications, orders, and payments that occurred between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as evidence..

Article 7 - Product Information 

The products governed by these general conditions are those listed on the seller's website and indicated as sold and shipped by the seller..

The products are described and presented with the greatest possible accuracy. The photographs of the products are not contractual.. 

Article 8 - Price 

The seller reserves the right to change its prices at any time but commits to applying the current rates indicated at the time of the order.. 

The prices are indicated in euros. Shipping costs, which vary according to weight, are charged for mainland France. An additional charge related to delivery outside mainland France may be applied, at the buyer's expense. The prices take into account the VAT applicable on the day of the order, and any changes to the applicable VAT rate will be automatically reflected in the prices of the products in the online store.  

If one or more taxes or contributions, particularly environmental ones, were to be created or modified, whether increased or decreased, this change may be passed on to the selling price of the products..

Article 9 - Payment Method 

This is an order with a payment obligation, which means that placing the order involves a payment from the buyer.. 

To pay for their order, the buyer has the option to choose from all the payment methods made available by the seller and listed on the seller's website. The buyer guarantees to the seller that they have any necessary authorizations to use the payment method they have chosen at the time of validating the order form. The seller reserves the right to suspend any order management and any delivery in the event of a refusal of payment authorization by credit card from officially accredited organizations or in the case of non-payment. The seller also reserves the right to refuse to make a delivery or honor an order from a buyer who has not fully or partially paid for a previous order or with whom a payment dispute is currently being processed..  

The payment of the price is made either in full on the day of the order, or by a 30% deposit at the time of the order, with the balance due at the time of shipment. It is also possible for the customer to obtain payment in installments after the acceptance of the credit organization, which gives its approval within a few minutes after the buyer enters their name and credit card number..

Article 10 - Product Availability - Refund - Resolution 

Except in cases of force majeure or during periods of closure of the online store that will be clearly announced on the homepage of the site, the shipping times will be those indicated below. The shipping times begin from the date of order registration indicated in the order confirmation email and the first deposit payment.. 

For deliveries in mainland France and Corsica, the timeframe is 30 business days from the day following the one on which the buyer placed their order, according to the following terms: carrier.

For deliveries to the DOM-TOM or another country, the delivery terms will be specified to the buyer on a case-by-case basis. 

If the agreed delivery date or deadline is not respected, the buyer must, before terminating the contract, instruct the seller to fulfill it within a reasonable additional timeframe.. 

If the execution does not occur by the expiration of this new deadline, the buyer may freely terminate the contract. The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or by a written document on another durable medium.. 

The contract will be considered terminated upon the seller's receipt of the letter or written notice informing them of this termination, unless the professional has fulfilled their obligations in the meantime.. 

The buyer may, however, immediately terminate the contract if the dates or deadlines mentioned above are essential conditions of the contract for them.. 

In this case, when the contract is terminated, the seller is required to refund the buyer the total amount paid, no later than 14 days from the date on which the contract was canceled. The buyer will then have the option to request either a refund of the amounts paid within 14 days at the latest from their payment, or an exchange of the product..

Article 11 - Delivery Terms 

The delivery refers to the transfer to the consumer of physical possession or control of the goods. The ordered products are delivered according to the terms and timeframe specified above.. 

The products are delivered to the address provided by the buyer on the quote request, and the buyer must ensure its accuracy. Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer may, upon request, receive an invoice sent to the billing address rather than the delivery address by selecting the option provided for this purpose on the order form.. 

If the buyer is absent on the day of delivery, the delivery person will leave a notice in the mailbox, which will allow for the package to be picked up at the specified location and time.. 

If at the time of delivery, the original packaging is damaged, torn, or opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery slip (package refused because it is opened or damaged).. 

The buyer must indicate on the delivery note and in the form of handwritten reservations accompanied by their signature any anomalies regarding the delivery (damage, missing products compared to the delivery note, damaged packages, broken products...). 

This verification is considered completed as soon as the buyer, or a person authorized by them, has signed the delivery receipt.. 

The buyer must then confirm these reservations to the carrier by registered mail no later than two business days following the receipt of the item(s) and send a copy of this letter by fax or regular mail to the seller at the address indicated in the legal notices on the site.. 

If the products need to be returned to the seller, a return request must be made to the seller within 14 days of delivery. The return of the product will only be accepted for products in their original condition (packaging, accessories, manual...).

Article 12 - Delivery Errors 

The buyer must submit any claims regarding delivery errors and/or non-conformity of the products in nature or quality compared to the information stated on the purchase order to the seller..

The claim may be made at the buyer's discretion :

• by phone at the following number: 07 67 83 04 85;

• by email at the following address: contact@k-ren.fr.

Upon receipt of the claim, the seller will assign a return number for the product(s) in question and communicate it via email to the buyer. The exchange of a product can only take place after the return number has been assigned.. 

In case of a delivery or exchange error, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, via Colissimo Recommended, to the following address: SAS K-REN, 101 Chemin des Pêchers, lot 9 La Louvade, 34130 Mauguio. 

The return shipping costs are the seller's responsibility. 

Article 13 - Product Warranty

13-1 Legal Warranty of Conformity

The seller is responsible for the conformity of the sold item to the contract, allowing the buyer to make a request under the legal warranty of conformity provided for in Articles L. 217-4 and following of the Consumer Code..

In the event of the implementation of the legal warranty of conformity, it is reminded that :

• The buyer has a period of 2 years from the delivery of the goods to take action. ;
• If the defect arises from abnormal use, the repair will be subject to a charge. ;
• The buyer can choose between the repair or replacement of the item, subject to the cost conditions set forth in Article L. 217-17 of the Consumer Code. ;
• The buyer is not required to provide proof of non-conformity of the goods for 24 months in the case of new goods (6 months in the case of used goods), following the delivery of the goods.
• The buyer may decide to invoke the warranty against hidden defects of the sold product as defined in Article 1641 of the Civil Code, and in this case, he may choose between the cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code (Article 3 of the decree of December 18, 2014, regarding the information contained in the general terms and conditions of sale concerning legal warranties).

3-2 Legal Warranty of Hidden Defects

In accordance with Articles 1641 and following of the Civil Code, the seller is responsible for hidden defects that may affect the sold property. It will be the buyer's responsibility to prove that the defects existed at the time of the sale and are of a nature to render the property unfit for the use for which it is intended. This warranty must be enforced within a period of two years from the discovery of the defect..

The buyer can choose between the cancellation of the sale or a reduction in the price in accordance with Article 1644 of the Civil Code.

Commercial warranty 

The products sold are also covered by a commercial warranty aimed at ensuring their compliance and providing for the refund of the purchase price, the replacement, or the repair of the goods.
Its duration is 3 years for K-Ren Protect textile covers, and 2 years for Zendock and accessories. It does not cover defects caused by abnormal or improper use or resulting from an external cause unrelated to the intrinsic qualities of the products. It does not cover plastic hardware parts whose lifespan may be shorter (clips, zippers, ...). 

Article 14 - Right of Withdrawal 

Article L 221-28 of the Consumer Code states that the right of withdrawal cannot be exercised for contracts “for the supply of goods made to the specifications of the consumer or clearly personalized.” Therefore, the right of withdrawal does not apply to our custom-made products..

Article 15 - Force majeure 

All circumstances beyond the control of the parties that prevent the normal performance of their obligations are considered as causes for the exemption of the parties' obligations and result in their suspension.. 

The party invoking the circumstances mentioned above must immediately notify the other party of their occurrence, as well as their disappearance.. 

Events or circumstances that are irresistible, external to the parties, unpredictable, unavoidable, independent of the will of the parties, and that cannot be prevented by them despite all reasonably possible efforts will be considered as cases of force majeure. Specifically, the following are considered as cases of force majeure or fortuitous events, in addition to those usually recognized by the jurisprudence of French courts and tribunals: blockage of transportation or supply means, earthquakes, fires, storms, floods, lightning, the interruption of telecommunications networks, or difficulties specific to telecommunications networks external to the clients.. 

The parties will come together to assess the impact of the event and agree on the conditions under which the performance of the contract will continue. If the force majeure lasts longer than three months, these general conditions may be terminated by the affected party.. 

Article 16 - Intellectual Property 

The content of the website, the brand, and the photos remain the property of the seller, the sole holder of the intellectual property rights to this content.. 

The buyers agree not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright..

Article 17 - Data Protection and Liberties 

The personal data provided by the buyer is necessary for processing their order and for issuing invoices. 

They may be communicated to the seller's partners responsible for the execution, processing, management, and payment of orders. 

The processing of information communicated through the k-ren website has been the subject of a declaration to the CNIL.. 

The buyer has a permanent right of access, modification, rectification, and opposition regarding the information concerning them. This right can be exercised under the conditions and according to the procedures defined on the k-ren site..

Privacy Policy

Article 18 - Partial Non-validation 

If one or more provisions of these general conditions are deemed invalid or declared as such under a law, regulation, or as a result of a final decision by a competent court, the other provisions will retain their full force and effect.. 

Article 19 - Non-Waiver 

The fact that one party does not invoke a breach by the other party of any of the obligations referred to in these general conditions shall not be interpreted in the future as a waiver of the obligation in question..

Article 20 - Title 

In case of difficulty in interpretation between any of the headings at the beginning of the clauses and any of the clauses, the headings will be declared non-existent. 

Article 21 - Language of the contract 

The present general terms and conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in case of dispute.. 

Article 22 - Mediation and Dispute Resolution 

The buyer may resort to conventional mediation, particularly with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative dispute resolution method (such as conciliation) in the event of a dispute. The list of mediators is available on the website https://www.economie.gouv.fr/mediation-conso/liste-des-mediateurs-references. 

In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has established an Online Dispute Resolution platform, facilitating independent out-of-court resolution of online disputes between consumers and businesses in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/. 

Article 23 - Port Police

The user of a K-ren product must ensure compliance with the Port Authority regulations of their home port. 

Article 24 - Emergency Relocation

The company K-ren advises against securing the ropes or straps of a cover or ZenDock® to the boat's cleat to allow for quick relocation if needed..

Article 25 - Maintenance and Cleaning of K-Ren Products

K-Ren solutions are systems designed to protect against fouling on submerged surfaces. In this regard, and despite a surface treatment that limits the adhesion of fouling, users must regularly inspect and clean their covers, ZenDock, or any other K-Ren equipment. The K-Ren company is available to advise users on the various possible cleaning methods.. 

In case of need for service or assistance, the company K-Ren will be able to offer its management services (cleaning, storage, installation, and removal) for covers and ZenDock.

Article 23 - Applicable Law 

The present general conditions are subject to the application of French law. The competent court is the judicial court. 

It is the same for substantive rules as for procedural rules. In the event of a dispute or claim, the buyer will first contact the seller to obtain an amicable solution..

Article 24 - Protection of Personal Data 

Collected data  

The personal data collected on this site are as follows :

• request for a quote: when the user requests a quote, they record, in particular, their first name, last name, login data, usage data, location data, and payment information ;

• payment: as part of the payment for the products and services offered on the website, it records financial data related to the user's bank account or credit card ;

• communication: when the website is used to communicate with other members, the data regarding the user's communications is subject to temporary retention ;

• cookies: cookies are used in the context of using the site. The user has the option to disable cookies from their browser settings.

Use of personal data  

The personal data collected from users is intended to provide the website services, improve them, and maintain a secure environment. More specifically, the uses are as follows :

• access and use of the website by the user ;

• management of operation and optimization of the website ;

• organization of the terms of use of Payment Services ;

• verification, identification, and authentication of data transmitted by the user ;

• proposal to the user for the possibility of communicating with other users of the website ;

• implementation of user support ;

• personalization of services by displaying advertisements based on the user's browsing history, according to their preferences ;

• fraud prevention and detection, malware (malicious software) and security incident management ;

• management of potential disputes with users ;

• sending commercial and advertising information, based on the user's preferences.

Sharing of personal data with third parties

Personal data may be shared with third-party companies in the following cases :

• when the user uses the payment services, for the implementation of these services, the seller is in contact with third-party banking and financial companies with which it has entered into contracts ;

• when the user posts information accessible to the public in the site's open comment areas ;

• when the user allows a third-party website to access their data ;

• when the seller uses the services of providers to offer user assistance, advertising, and payment services. These providers have limited access to user data, as part of the execution of these services, and have a contractual obligation to use it in accordance with the provisions of the applicable data protection regulations. ;

• If required by law, the seller may transmit data to address claims made against the seller and comply with administrative and judicial procedures. ;

• If the seller is involved in a merger, acquisition, asset transfer, or bankruptcy proceedings, they may be required to sell or share all or part of their assets, including personal data. In this case, users would be informed before their personal data is transferred to a third party..

Security and privacy

The seller implements organizational, technical, software, and physical measures regarding digital security to protect personal data against alterations, destruction, and unauthorized access. However, it should be noted that the internet is not a completely secure environment, and the seller cannot guarantee the security of the transmission or storage of information on the internet.. 

Implementation of user rights 

In accordance with the regulations applicable to personal data, users have the following rights, which they can exercise by making their request at the following address : contact@k-ren.fr.

• the right of access: they can exercise their right of access to know the personal data concerning them. In this case, before implementing this right, the seller may request proof of the user's identity in order to verify its accuracy.
• the right to rectification: if the personal data held by the seller is inaccurate, they can request the update of the information.
• the right to data deletion: users can request the deletion of their personal data, in accordance with applicable data protection laws.
• the right to restriction of processing: users can request the seller to limit the processing of personal data in accordance with the provisions set out by the GDPR.
• the right to object to data processing: users can object to their data being processed in accordance with the provisions set out by the GDPR.
• the right to portability: they can request that the seller provide them with the personal data that has been supplied to transfer it to a new website.

Evolution of this clause 

The seller reserves the right to make any changes to this clause regarding the protection of personal data at any time. If a change is made to this personal data protection clause, the seller commits to publishing the new version on their website. The seller will also inform users of the change via email, with a minimum notice period of 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, they have the option to delete their account..

Annex:

Consumer Code 

Article L. 217-4: "The seller delivers a good that conforms to the contract and is responsible for any conformity defects existing at the time of delivery.". 

He is also responsible for defects in conformity resulting from packaging, assembly instructions, or installation when it has been assigned to him by the contract or has been carried out under his responsibility.” 

Article L. 217-5: "The good is in accordance with the contract: 

1° If it is suitable for the usual expected use of a similar good and, where applicable :

• if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model ;

• if it has the qualities that a buyer can legitimately expect in light of the public statements made by the seller, by the producer, or by their representative, particularly in advertising or labeling ;

2° Or if it has the characteristics defined by mutual agreement of the parties or is suitable for any special purpose sought by the buyer, communicated to the seller and accepted by the latter.”

Article L. 217-6: "The seller is not bound by the public statements of the producer or their representative if it is established that they were not aware of them and were not legitimately in a position to know them.". 

Article L. 217-7: "Defects in conformity that appear within a period of twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For second-hand goods, this period is set at six months. The seller may contest this presumption if it is not compatible with the nature of the goods or the alleged defect in conformity."” 

Article L. 217-8: "The buyer has the right to demand that the good conforms to the contract. However, he cannot contest the conformity by invoking a defect that he was aware of or could not ignore when he entered into the contract. The same applies when the defect originates from materials he provided himself.".” 

Article L. 217-9: "In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if that choice results in a manifestly disproportionate cost compared to the other option, taking into account the value of the goods or the significance of the defect. The seller is then required to proceed, unless impossible, according to the option not chosen by the buyer."” 

Article L. 217-10: "If the repair and replacement of the goods are impossible, the buyer may return the goods and obtain a refund or keep the goods and receive a partial refund. The same option is available to them: 1° If the solution requested, proposed, or agreed upon in accordance with Article L. 217-9 cannot be implemented within one month following the buyer's complaint; 2° Or if this solution cannot be implemented without major inconvenience to them, considering the nature of the goods and the use they seek. However, the resolution of the sale cannot be pronounced if the lack of conformity is minor."”

Article L. 217-11: The application of the provisions of Articles L. 217-9 and L. 217-10 occurs at no cost to the buyer. These same provisions do not prevent the allocation of damages. 

Article L. 217-12: "The action resulting from a lack of conformity is subject to a two-year limitation period from the delivery of the goods."

Article L. 217-13: "The provisions of this section do not deprive the buyer of the right to exercise the action resulting from hidden defects as defined in Articles 1641 to 1649 of the Civil Code or any other action of a contractual or extracontractual nature recognized by law." 

Article L. 217-14: "The recourse action may be exercised by the final seller against the successive sellers or intermediaries and the producer of the tangible movable property, according to the principles of the civil code. 

Article L. 217-15: "The commercial guarantee refers to any contractual commitment by a professional towards the consumer for the reimbursement of the purchase price, the replacement or repair of the good, or the provision of any other service related to the good, in addition to their legal obligations aimed at ensuring the conformity of the good.  

The commercial warranty is subject to a written contract, of which a copy is provided to the buyer.  

The contract specifies the content of the guarantee, the terms of its implementation, its price, its duration, its territorial scope, as well as the name and address of the guarantor. 

Furthermore, it clearly and precisely states that, regardless of the commercial warranty, the seller remains bound by the legal warranty of conformity mentioned in articles L. 217-4 to L. 217-12 and that related to defects in the sold item, under the conditions provided in articles 1641 to 1648 and 2232 of the civil code. The provisions of articles L. 217-4, L. 217-5, L. 217-12, and L. 217-16 as well as article 1641 and the first paragraph of article 1648 of the civil code are fully reproduced in the contract.  

If these provisions are not respected, the warranty remains valid. The buyer has the right to invoke it.

Article L. 217-16: "When the buyer requests the seller, during the course of the commercial warranty granted to them at the time of the acquisition or repair of a movable good, a restoration covered by the warranty, any period of immobilization of at least seven days shall be added to the duration of the warranty that remained to run."

This period begins from the buyer's request for intervention or from the availability of the item in question for repair, if this availability is subsequent to the request for intervention. 

Civil Code 

Article 1641: "The seller is liable for the warranty due to hidden defects in the sold item that render it unfit for the intended use, or that diminish that use to such an extent that the buyer would not have purchased it, or would have paid a lower price, had they known of the defects." 

Article 1648: "The action resulting from hidden defects must be brought by the buyer within a period of two years from the discovery of the defect. In the case provided for by Article 1642-1, the action must be initiated, under penalty of foreclosure, within one year following the date on which the seller can be discharged from apparent defects or non-conformities.".