Terms of sale
# ARTICLE 1 – Scope of Application
These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by Vincent LIM trading as Kneelix (“the Seller”) with consumers and non-professional buyers (“the Clients” or “the Client”) wishing to purchase the products offered for sale by the Seller (“the Products”) on the website **kneelix.co.uk**.
They set out, in particular, the terms and conditions relating to ordering, payment, delivery and the management of any returns of Products ordered by Clients.
These General Terms and Conditions of Sale may be supplemented by specific terms and conditions, stated on the website, prior to any transaction with the Client.
These General Terms and Conditions of Sale apply to the exclusion of all other terms and conditions, including those applicable to sales in-store or through other distribution and marketing channels.
They are accessible at any time on the website **kneelix.co.uk** and shall prevail, where applicable, over any other version or any conflicting document.
As these General Terms and Conditions of Sale may be amended at a later date, the version applicable to the Client’s purchase is the version in force on the website on the date the order is placed.
# ARTICLE 2 – Products Offered for Sale
The Products offered for sale on the website **kneelix.co.uk** are as follows:
**Ergonomic chair**
The main characteristics of the Products, including specifications, illustrations and indications of dimensions or capacity, are presented on the website **kneelix.co.uk**.
The Client is required to review these before placing any order. The choice and purchase of a Product are the sole responsibility of the Client.
Photographs and graphics displayed on the website **kneelix.co.uk** are not contractually binding and shall not incur the Seller’s liability.
The Client must refer to the description of each Product in order to understand its properties, essential features and delivery times, as well as, in the event of continuous or periodic supply of goods, the minimum duration of the proposed contract.
Contractual information is presented in English on kneelix.co.uk. and is confirmed no later than at the time the Client validates the order.
# ARTICLE 3 – Validity Period of Product Offers
Product offers are valid subject to availability of stock, as specified when the order is placed.
# ARTICLE 4 – Seller’s Contact Details
The Seller’s contact details are as follows:
Vincent LIM
10 rue de la Paix
75002 Paris
France
Email: info@kneelix.co.uk
Phone: +44 1202 080175
In accordance with the French Data Protection Act of 6 January 1978, strengthened and supplemented by the GDPR, the General Data Protection Regulation, which came into force on 25 May 2018, the Client has, at any time, the right to access, rectify, object to, erase and request portability of all personal data concerning them by writing to the Seller at the address stated above and providing proof of identity.
Validation of the order by the Client constitutes full and unconditional acceptance of these General Terms and Conditions of Sale.
The Client acknowledges that they have the legal capacity required to enter into a contract and purchase the Products offered on the website **kneelix.co.uk**.
# ARTICLE 5 – Orders
## 5.1 Placing an Order
The Client is responsible for selecting the Products they wish to order on the website **kneelix.co.uk**, according to the following procedures.
The Client has the opportunity to check the details of their order, its total price and to correct any errors before confirming acceptance. It is the Client’s responsibility to verify the accuracy of the order and to report or correct any error immediately.
An order is registered on the website **kneelix.co.uk** when the Client accepts these General Terms and Conditions of Sale by ticking the box provided for this purpose and validates the order. This validation implies acceptance of these General Terms and Conditions of Sale in their entirety, as well as the general terms of use of the website.
The sale becomes final only after the Seller has sent the Client confirmation of acceptance of the order by email, which must be sent without delay, and after the Seller has received full payment of the price.
Any order placed, validated by the Client and confirmed by the Seller, under the conditions and procedures described above, on the website **kneelix.co.uk**, constitutes the formation of a distance contract between the Client and the Seller.
Unless proven otherwise, the data recorded in the Seller’s computer system shall constitute proof of all transactions concluded with the Client.
The Seller reserves the right to cancel or refuse any order from a Client with whom there is a dispute relating to payment of a previous order.
The Client may track the progress of their order on the website **kneelix.co.uk** under the “Order Tracking” section.
The Seller does not intend to sell Products on the website **kneelix.co.uk** to professionals, but only to consumers or non-professionals for their personal needs. The Seller therefore reserves the right to refuse orders for the same Product in large quantities and comprising more than 100 items.
## 5.2 Modification of the Order
Any modifications to the order requested by the Client may only be taken into account by the Seller subject to feasibility and provided they are notified to the Seller by email at info@kneelix.co.uk at least two days before the scheduled shipment date of the order.
If such modifications cannot be accepted by the Seller, any sums paid by the Client when placing the order shall be refunded within a maximum period of 30 days from notification of the impossibility of accepting the modifications requested by the Client, unless the Client prefers to receive a credit note or an exchange.
## 5.3 Cancellation of the Order
Orders may be cancelled by the Client, outside the exercise of the right of withdrawal or cases of force majeure, at least 2 days before the scheduled date for the supply of the Products ordered, at no cost to the Client.
# ARTICLE 6 – Prices
The Products are supplied at the prices in force shown on the website **kneelix.co.uk** when the order is registered by the Seller. Prices are stated in **pounds sterling**, including all taxes.
The prices take into account any discounts that may be granted by the Seller on the website.
These prices are firm and non-revisable during their validity period, as indicated on the website. Outside this validity period, the Seller reserves the right to change prices at any time.
They include processing, shipping, transport and delivery costs.
The payment requested from the Client corresponds to the total purchase amount, including these costs.
# ARTICLE 7 – Payment Terms
The price is payable in full, in cash, on the day the Client places the order, by secure payment, according to the following methods:
By bank cards: **Carte Bancaire, Visa, MasterCard, American Express, Maestro**
Payment by bank card is irrevocable, except in the event of fraudulent use of the card. In such a case, the Client may request cancellation of the payment and reimbursement of the corresponding sums.
# ARTICLE 8 – Deliveries
Products are delivered to customers located in the United Kingdom.
The delivery time corresponds to the dispatch time stated on the Product page, plus the processing and transit time. Products are delivered within an average period of 12 days to the address provided by the Client when placing the order on the website.
Delivery is constituted by the transfer to the Client of physical possession or control of the Product.
Except in special cases or where one or more Products are unavailable, the Products ordered shall be delivered in a single shipment.
The Seller undertakes to make its best efforts to deliver the Products ordered by the Client within the timeframes stated above. However, these timeframes are provided for information purposes only.
If the Products ordered have not been delivered within 30 days after the indicative delivery date, for any reason other than force majeure or the Client’s fault, the sale may be cancelled at the Client’s written request under the conditions provided for in Articles L.216-2, L.216-3 and L.241-4 of the French Consumer Code.
The sums paid by the Client shall then be refunded no later than 30 days following the date on which the contract is cancelled, without any compensation or deduction.
In the event of non-conformity of the delivered Product, the Seller undertakes to remedy the issue or refund the Client, as stated in the article “Seller’s Liability – Warranty”.
The Seller bears the risks of transport and is required to refund the Client in the event of damage caused during transport.
# ARTICLE 9 – Transfer of Ownership and Transfer of Risk
Ownership of the Products shall only be transferred from the Seller to the Client after full payment of the price by the Client, regardless of the delivery date of the Products.
Regardless of the date on which ownership of the Products is transferred, the transfer of the risks of loss and deterioration relating to the Products shall occur only when the Client takes physical possession of the Products.
The Products therefore travel at the Seller’s risk.
# ARTICLE 10 – Right of Withdrawal
In accordance with the applicable legal provisions, the Client has a period of 30 days from receipt of the Product to exercise their right of withdrawal with the Seller, without having to give any reason or pay any penalty, for the purpose of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within 30 days following notification to the Seller of the Client’s decision to withdraw.
Returns must be made in their original and complete condition, including packaging, accessories and instructions, allowing them to be resold as new, and must be accompanied by the purchase invoice.
Damaged, soiled or incomplete Products shall not be accepted for return.
The right of withdrawal may be exercised online using the withdrawal form available on the website **kneelix.co.uk**, in which case an acknowledgement of receipt on a durable medium shall immediately be sent to the Client by the Seller, or by any other clear and unambiguous statement expressing the wish to withdraw.
If the right of withdrawal is exercised within the aforementioned period, only the price of the Product or Products purchased and the delivery costs shall be refunded. Return shipping costs shall remain the responsibility of the Client.
The refund shall be made within a period of 30 days from notification to the Seller of the decision to withdraw.
# ARTICLE 11 – Seller’s Liability and Warranty
The Products sold on the website **kneelix.co.uk** comply with the regulations in force in United Kingdom and are suitable for non-professional use.
The Products supplied by the Seller benefit automatically and without additional payment, independently of the right of withdrawal, in accordance with the legal provisions, from:
* the legal guarantee of conformity, for Products that are apparently defective, damaged or do not correspond to the order;
* the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the delivered Products and rendering them unfit for use;
under the conditions and procedures set out in the box below and defined in the appendix to these General Terms and Conditions of Sale: Guarantee of Conformity / Guarantee Against Hidden Defects.
It is recalled that under the legal guarantee of conformity, the Client has a period of two years from delivery of the goods to take action against the Seller; may choose between repair or replacement of the Product ordered, subject to the cost conditions provided for in Article L.217-9 of the French Consumer Code; and is exempt from proving the existence of the Product’s lack of conformity during the 24 months following delivery of the Product.
The legal guarantee of conformity applies independently of any commercial warranty that may cover the Product.
The Client may decide to invoke the guarantee against hidden defects in the Product in accordance with Article 1641 of the French Civil Code. In this case, the Client may choose between cancellation of the sale or a reduction in the sale price, in accordance with Article 1644 of the French Civil Code.
The Seller shall refund or replace Products or parts under warranty that are deemed non-compliant or defective.
Shipping costs shall be refunded on the basis of the invoiced rate, and return costs shall be refunded upon presentation of supporting documents.
Refunds for Products deemed non-compliant or defective shall be made as soon as possible and no later than 30 days following the Seller’s finding of the lack of conformity or hidden defect.
The refund shall be made by crediting the Client’s bank account.
The Seller’s liability shall not be incurred in the following cases:
* failure to comply with the legislation of the country in which the Products are delivered, which it is the Client’s responsibility to verify;
* misuse, use for professional purposes, negligence or lack of maintenance by the Client, as well as normal wear and tear of the Product, accident or force majeure.
In any event, the Seller’s warranty is limited to the replacement or refund of Products that are non-compliant or affected by a defect.
# ARTICLE 12 – Protection of Personal Data
Pursuant to French Law No. 78-17 of 6 January 1978, as amended by Law No. 2018-493 of 20 June 2018, it is recalled that the personal data requested from the Client is necessary for processing the order and issuing invoices, among other purposes.
This data may be disclosed to the Seller’s potential partners responsible for the execution, processing, management and payment of orders.
The processing of information communicated via the website **kneelix.co.uk** meets the legal requirements regarding personal data protection, with the information system used ensuring optimal protection of such data.
In accordance with applicable national and European regulations, the Client has a permanent right of access, modification, rectification, objection, portability and restriction of processing regarding information concerning them.
This right may be exercised under the conditions and procedures defined on the website **kneelix.co.uk**.
# ARTICLE 13 – Intellectual Property
The content of the website **kneelix.co.uk** is the property of the Seller and its partners and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and may constitute an offence of infringement, parasitism and unfair competition.
# ARTICLE 14 – Hardship
These General Terms and Conditions of Sale expressly exclude the statutory hardship regime provided for in Article 1195 of the French Civil Code for all Product sales transactions between the Seller and the Client.
The Seller and the Client therefore each waive the right to rely on the provisions of Article 1195 of the French Civil Code and the hardship regime provided therein.
# ARTICLE 15 – Force Majeure
The Parties shall not be held liable if the non-performance or delay in performance of any of their obligations, as described herein, results from a case of force majeure within the meaning of Article 1218 of the French Civil Code.
# ARTICLE 16 – Governing Law and Language
These General Terms and Conditions of Sale and the transactions arising from them are governed by French law.
They are drafted in French. If they are translated into one or more languages, only the French text shall prevail in the event of a dispute.
# ARTICLE 17 – Disputes
All disputes arising from purchase and sale transactions concluded pursuant to these General Terms and Conditions of Sale, concerning their validity, interpretation, performance, termination, consequences and aftermath, which could not be resolved between the Seller and the Client, shall be submitted to the competent courts under ordinary law conditions.
The Client is informed that they may, in any event, resort to conventional mediation, in particular with the Consumer Mediation Commission under Article L.612-1 of the French Consumer Code, or with existing sector-specific mediation bodies, or to any alternative dispute resolution method, such as conciliation, in the event of a dispute.
Mediator for the website **kneelix.co.uk**:
**CM2C**
14 rue Saint Jean
75017 Paris
France
Phone: **01 89 47 00 14**
# ARTICLE 18 – Pre-contractual Information and Client Acceptance
The act of placing an order on the website **kneelix.co.uk** by a natural person or legal entity implies full and complete adherence to and acceptance of these General Terms and Conditions of Sale, as well as the obligation to pay for the Products ordered.
This is expressly acknowledged by the Client, who waives, in particular, the right to rely on any contradictory document that would be unenforceable against the Seller.
# APPENDICES
# APPENDIX 1 – Provisions Relating to Legal Guarantees
## Article L.217-4 of the French Consumer Code
The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.
The seller is also liable for any lack of conformity resulting from packaging, assembly instructions or installation where such installation was made the seller’s responsibility under the contract or was carried out under the seller’s responsibility.
## Article L.217-5 of the French Consumer Code
To conform to the contract, the goods must:
1. be fit for the purpose usually expected of similar goods and, where applicable:
* correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
* present the qualities that a buyer may legitimately expect in light of public statements made by the seller, the producer or their representative, particularly in advertising or labelling;
or
2. have the characteristics defined by mutual agreement of the parties or be suitable for any special purpose sought by the buyer, made known to the seller and accepted by the latter.
## Article L.217-12 of the French Consumer Code
Any action resulting from a lack of conformity is time-barred two years from delivery of the goods.
## Article L.217-16 of the French Consumer Code
Where the buyer asks the seller, during the course of the commercial warranty granted at the time of purchase or repair of movable goods, for a repair covered by the warranty, any period during which the goods are immobilised for at least seven days shall be added to the remaining warranty period.
This period shall run from the buyer’s request for intervention or from the date the goods in question are made available for repair, if such availability occurs after the request for intervention.
## Article 1641 of the French Civil Code
The seller is bound by the warranty in respect of hidden defects in the item sold which render it unfit for its intended use, or which so impair that use that the buyer would not have purchased it, or would only have paid a lower price for it, had they known of them.
## Article 1648, Paragraph 1 of the French Civil Code
An action resulting from redhibitory defects must be brought by the buyer within two years from discovery of the defect.
# APPENDIX 2 – Withdrawal Form
This form must be completed and returned only if the Client wishes to withdraw from the order placed on **kneelix.co.uk**, except where exclusions or limitations to the exercise of the right of withdrawal apply under the applicable General Terms and Conditions of Sale.
To the attention of **Kneelix**, by email: info@kneelix.co.uk
**
Order date: ...........................................................
Order number: ...........................................................
Client’s name: ...........................................................................
Client’s address: .......................................................................
Client’s signature, only if this form is submitted in paper format: ...........................................................