VAL’U SRL| TVA : BE 0684.693.306 | Terms and Conditions info@valugroupe.com

Last updated: July 14, 2022

TERMS AND CONDITIONS

Section 1. Identification and contact details

Val’U Srl is a service intermediary for professionals and non-professionals.

The offer includes:

An online shop (hereinafter “Kipeps Shop” or “The Shop”) for the sale of products and/or provision of services from its partners, suppliers, or customers (professional and/or non-professional);
A directory of referencing professionals (hereinafter “the directory”);

o Newsletters;

o Applications;

o Advertising space;

o Etc.

These general conditions govern the services provided and the goods offered for sale through Val’U, and more particularly its online store “Kipeps Shop”:

Val’U Srl

Registered office: Rue Saint Sauveur, 35 – 9 600 Ronse (Renaix) – Belgium

TVA : BE 0684.693.306

RPM : Oudenaerde

Email: Please use the email address as indicated on the invoices: info@kipeps.com

Section 2. General provisions

Chapter 1. Definitions

Directory: This is the directory of referencing professionals that Val’U SRL offers on its online store “Kipeps Shop”; In other words, it is an IT service that allows the Customer to access information online [or the online store “Kipeps Shop”];
Customer(s ): the buyer(s) of the products and/or services offered via Val’U – in particular through its online shop “Kipeps Shop” – acting in a professional or nonprofessional context, as a natural person or in the form of a legal person, for example.
Seller:
Account : the personal interface that a Customer has on one of Val’U’s Websites – including that of the online store “Kipeps Shop” – and which allows him, among other things, to access the Directory (as defined above), to place an order for products or services, to obtain information on these previous orders, etc.
Consumer : any customer who is a natural person who acts (by procuring a product or service) for purposes that do not fall within the scope of his commercial, industrial, craft or liberal activity;
Convention: These are these general conditions and the Val’U order form, as well as the general policy statement on the processing of personal data, the statement concerning the privacy policy and also that relating to the policy on the use of cookies;
Indirect damage: Indirect damages are the direct consequences of direct damages and include, in particular, without this list being exhaustive, any financial or commercial damage, loss of customers or savings, commercial disturbance of any kind, any increase in costs and other overheads, loss of profit, loss of brand image, any postponement or disruption in the planning of projects or activity, loss of data and its consequences, etc. ;
Digital file: computer file presented in a single particular format (pdf or e-pub generally) that allows the display of a work on a digital terminal;
Protected works : all works and elements protected by any intellectual property right belonging to Val’U or managed on behalf of third parties by Val’U – such as (and without this list being exhaustive) digital files or all the elements composing the repertoire – marketed or made available to Customers or third parties by Val’U in one way or another;
Party : Refers indifferently to one of the two Parties to the Convention (as defined above);
Parties : The Parties to this Convention ;
Website : one or all of the websites managed or published by Val’U, whether portals to services or static showcase websites;
Downloading : the act of transmitting and/or reproducing a digital file on a digital terminal;
User : any person using one of the services provided by Val’U either because he has contracted with Val’U directly, or because he has obtained access to the service through a Customer. Customers are considered Users but Users are not necessarily Customers.

Chapter 2. Acceptance and access to other offers

By creating an Account or placing an order for a product or service, the Customer unreservedly accepts the Agreement and has therefore previously been able to read our General Policy on the processing of personal data, our privacy policy and our policy on the use of cookies. The Customer may also have access to advantageous/promotional offers, in particular on items sold electronically.
Any derogation from the Convention must be evidenced in writing signed by both Parties.

Chapter 3. Modification of the service or the Agreement

Val’U reserves the right to modify the Agreement or the service provided at any time upon prior information to the Customer by electronic means;
In the event of a substantial modification of the Agreement or the service provided, the Customer may terminate the Agreement free of charge, subject to the communication of his intention to terminate the Agreement before the modification takes effect, which he must do within fifteen calendar days following the notification by Val’U of the envisaged modification of the service or the Agreement.
Any change in the price of the service of less than 10% over a period of 12 months is not considered a substantial change in the agreement.
Without reaction within fifteen (15) calendar days following the information concerning an update, the Customer is deemed to have accepted the new Agreement and the new service.
Val’U reserves the right to terminate the Agreement or the service provided at any time upon prior notification to the Customer by e-mail at least one month in advance. The Customer will not be able to claim compensation in the event of termination of the agreement for this reason, notwithstanding the right for the Customer to claim the refund of any sums paid for future periods in the case of a subscription.

Chapter 4. Transfer

With prior notice to the Customer, Val’U may transfer the agreement or part thereof – including claims and related debts – to another company at any time.

Chapter 5. Entirety

Unless otherwise agreed in writing, the Parties agree to exclude all other agreements or contractual conditions, including those communicated by mail, email or on the back of another document and including those not expressly contested by Val’U.

If the purchase order includes special conditions, they take precedence over these general conditions.

Chapter 6. Proof

The Parties expressly agree to accept electronic documents as evidence.
The entire procedure for placing an order (choice of product or service, encoding of contact details, confirmation of the order, payment, etc.) or the creation of an Account (choice of service, encoding of contact details, confirmation of the creation of the Account) constitutes proof of the acceptance, by the Customer, of the agreement and/or the placing of the order.

Chapter 7. Nullity

If any provision of the Agreement is held to be illegal, invalid or unenforceable, in whole or in part, under any applicable law or court order, that section shall be deemed not to form part of the Agreement, without affecting the legality, validity or enforceability of the remainder of the Agreement.
Each Party undertakes to make every effort to negotiate immediately in good faith a valid (replacement) clause which will retain, as far as possible, the economic balance and the intention of the Parties as reflected in the clause deleted for nullity.

Chapter 8. Responsibility

As a general rule, all Val’U obligations are obligations of means.
Val’U makes reasonable efforts to make every effort, in particular with regard to its Kipeps Shop digital store, to ensure a quality service within the framework of its sector of activity. However, possible errors remain possible and/or unavoidable.

Consequently, Val’U cannot be held responsible for any damage that may be caused if it appears that the information relating to the products made available to the online store “Kipeps Shop”, for example, and /or the services it provides, is truncated, misleading, incomplete, incorrect or is no longer up to date.

Val’U does not act as a lawyer or as counsel to the Client or a User. The editorial information (e.g. blog or newsletters) provided by Val’U does not apply to a specific situation or case but to theoretical and general issues. The informational content must always be interpreted and/or applied by a professional in the field. The Customer must keep a critical and professional mind in relation to this informational content.
Val’U cannot be held liable for any inconvenience or damage inherent in the use of the Internet, in particular a break in the service, an external intrusion or the presence of computer viruses, attempted scam by phishing (or other technique), misappropriation or theft of information, or any fact qualify as force majeure.
Val’U declines all responsibility in the event of a mismatch between the Customer’s computer installation (hardware and software) and the downloaded digital files or online services paid for by the Customer. The Customer is required to be adequately informed about hardware or software compatibility before placing an order.
Val’U declines all responsibility in the event of damage of any kind, bodily or material, resulting from improper use or contrary to the purpose of the service or product provided by Val’U.
Whatever the service or product provided by Val’U, Val’U declines all responsibility: in the event of indirect damage; in the event of insufficient collaboration of the Customer in the execution of the Agreement; in case of out of stock or unavailability of the product; in case of force majeure; in the event of disruption, lockdown , total or partial strike, in particular of postal services and means of transport and/or communications, flooding, fire;
In any case, except for bodily injury or death of the Customer due to an action or omission of Val’U, Val’U’s liability is limited to the price of the product ordered by the Customer (the annual price in the case of a subscription product).

Chapter 9. Rules of interpretation of the Convention

Unless otherwise specified, plurals include singulars and vice versa.
Terms that are not defined are understood in their common sense.
Unless otherwise specified, the enumerations contained in the Convention are never exhaustive.

Chapter 10. Applicable law

The law applicable to the interpretation and execution of the Convention is Belgian law, to the exclusion of any other. If the Customer is a Consumer, the law of the country of his domicile is the only one applicable.
The application of the Vienna Convention on Contracts for the International Sale of Goods is expressly excluded.

Chapter 11. Litigation

The Parties shall always attempt to resolve each dispute arising from the interpretation or execution of the Convention through negotiation. If necessary, a mediation meeting may be organized at the request of one of the Parties in the presence of an approved commercial mediator chosen by mutual agreement. However, this is not a mandatory prerequisite before any legal proceedings.
Any dispute relating to the execution or interpretation of the agreement shall be subject to the exclusive jurisdiction of the courts of the judicial district of Brussels for disputes in French and the exclusive jurisdiction of the courts of the judicial district of Gent for disputes in the Dutch language. However, if the Customer is a Consumer, the court of the judicial district of his domicile is exclusively competent.
The procedure will be in the language of the contract, either French or Dutch.
If the Customer is a Consumer, and if he wishes an extra-judicial settlement, he can also use the European Commission’s platform on online dispute resolution, i.e. at the following address for the procedure in French: Online Dispute Resolution | European Commission (europa.eu) or for the choice of other languages of the Union, at the address: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&reload=false .

Section 3. Use of websites and online services

Chapter 1. Account Management

The applicable rule is as follows: an Account must correspond to a single natural person in his own name or on behalf of a third person he represents, in particular a legal person or an organization with legal personality. It is forbidden for several natural persons to use the same Account.
The Customer is responsible for the validity, accuracy and timeliness of the information provided when creating or managing an Account.
Val’U reserves the right to refuse access, close an Account, remove or edit content if the Customer violates any applicable law or any provision of the Agreement, including failure to pay the invoice on the due date, or engages in abnormal behavior that would not be adopted by a normally prudent and diligent professional in the context of

normal use of the service. If necessary, the refusal of access may relate to a particular IP address or MAC address.

Chapter 2. Customers/Users

If Val’U has doubts as to the actual number of people accessing the services in relation to the number of Users communicated by the Customer, Val’U may carry out any useful verification and the Customer undertakes to cooperate fully in this verification.
In the event of proven fraud, Val’U may immediately terminate the Agreement to the exclusive fault of the Customer and the price difference based on the difference between the number of Users initially defined and the actual number of Users will be due by the Customer over the period concerned by the fraud, increased by 300% due to the fraud. And this notwithstanding the right for Val’U to claim any other amount or damage related to the termination of the agreement for fault of the Customer.
The Customer is responsible for the evolution of the number of Users according to the initial number defined. The Customer will notify Val’U immediately of changes in the number of Users as well as changes in the identity of Users in the event of departure or arrival. In this case, the credentials of the User concerned will be changed.
Each User will have access to the service via a personal email address (username) and password.
The Customer is responsible for the Users’ compliance with the agreement. Any violation of the agreement by one of the Users will be considered by Val’U as being committed by the Customer.

Chapter 3. Security – Availability – Export – Backup

Val’U makes every reasonable effort to ensure the proper functioning of and access to the Website – including its Kipeps Shop – and the services that Val’U offers to its Customers.
The Customer understands and accepts that the Websites, and the online services of Val’U, more particularly “the Kipeps Shop online store”, are made temporarily inaccessible for technical reasons, in particular in the event of updates or maintenance.
The Customer is responsible for securing and maintaining the confidentiality of its Accounts, terminals, passwords and login.
The Customer is responsible for any activity carried out initially or through one of its Accounts.
The Customer may have the possibility to save certain data that he could encode in one of the services offered. The export is done via a flat file. At the end of the agreement for any reason whatsoever, the Customer will have a period of fifteen (15) calendar days to export his data. Beyond this period, the data may be deleted by Val’U. The Customer is solely responsible for this data export and is required to make adequate backups of this data.

Chapter 4. Reviews/Comments

Where there is the possibility of issuing an opinion or comment about a product or service, the Customer must comply with all applicable legislation.
In particular, all insulting, racist, xenophobic, discriminatory, manifestly commercial or promotional, fraudulent, sponsored or beyond the limits of fair moderation in the expression of a constructive opinion about a product or service are prohibited.
The opinions or comments referred to in point 2 above will be deleted without formal notice. The Customer concerned shall hold Val’U harmless from any claim by third parties, including by voluntarily intervening in court and taking up Val’U’s cause if necessary, notwithstanding the possibility for Val’U to claim compensation for its own damage.

Chapter 5. Privacy and protection of personal data

The agreement is read in conjunction with our privacy policy (general policy on the processing of personal data, policy on the use of cookies and privacy policy) of which the Customer has read ( info@kipeps.com or www.shop.kipeps.com). This declaration on privacy and the protection of personal data forms an integral part of this Agreement.

Chapter 6. Intellectual Property – General Clauses

This chapter applies generally to all Protected Works. It should be read in the light of the more precise clauses of the chapters organizing the intellectual property of certain categories of protected works. In the event of a contradiction between the clauses of this general chapter and a clause of a particular chapter on the subject, the clause contained in the particular chapter shall prevail.
The Customer undertakes not to infringe Val’U’s property rights and intellectual rights on the Protected Works, and to take the necessary measures to ensure that Val’U’s rights are respected by the persons for whom he is responsible.
Apart from the authorizations expressed above, the Customer is prohibited from copying or reproducing a Protected Work in whole or in part or modifying it in any way whatsoever.
The Customer is prohibited from offering copies to third parties, in any form and under any conditions, even free of charge.
It is also forbidden for the Customer to disseminate a Protected Work or part of its content by sale, rental, loan, distribution, making available via a network or any other form of making available to third parties, for any purpose, commercial or not, whatsoever, unless expressly waived in writing by Val’U.
The Customer is strictly prohibited from communicating to any third party, even free of charge, all or part of an element forming part of a Protected Work, if this communication has the effect of giving this third party free of charge the equivalent of a license that he does not have.
Any breach by the Customer of these obligations will automatically and without prior notice, result in a lump sum compensation equivalent to 10 times the amount of the invoice related to the Protected Work in question (or 10 times the price invoiced on an annual basis if it is a subscription), without prejudice to Val’U’s right to claim a higher compensation that it would be able to justify and without prejudice to the right of any partners to take legal action independently. of Val’U.
However, if Val’U were to establish that the Customer has traded, in particular through illegal copies, in the illicit exploitation of a Protected Work and/or part of its content, personally, directly or indirectly, or even through a company in which he would have an interest, however small it may be, the amount of the lump sum compensation will be increased to € 50,000.00, without prejudice to the right to claim full compensation for the damage suffered.
The Client acknowledges that the amount of these lump sums is justified in particular by the substantial investments and efforts required to publish and develop the Protected Work, to update it, to obtain, verify and present the content, as well as, where appropriate, its adequacy to the requirements of the new operating systems made available to users.
The Customer therefore expressly acknowledges that these lump sum indemnities only partially cover the damages that may result for Val’U from the Customer’s breaches of the obligations stipulated in the preceding clauses and chapters.
Val’U also reserves the right to sue for counterfeiting.
In all the cases referred to in this chapter, the Customer’s failure to terminate the user license automatically and without formal notice. Any amounts paid by the Customer will not be refunded.

Chapter 7. Intellectual Property – Websites

All the elements accessible on the Val’U Website, their compilation and arrangement (texts, photographs, images, icons, videos, software, database including their structures and contents, etc.) are protected by the intellectual property rights of Val’U or third parties who have granted a right of use to Val’U.
The Customer may not, under any circumstances, copy, reproduce, represent, modify, transmit, publish, adapt, distribute, broadcast, license, transfer, sell, on any medium whatsoever, by any means whatsoever, or exploit in any way whatsoever, all or part of these Websites without the prior written permission of Val’U. In the event of a breach of this provision, which the Customer has not remedied within 48 hours of notification by Val’U by e-mail, Val’U reserves the right to terminate the Agreement unilaterally and with immediate effect, without the Customer being able to claim any compensation and without prejudice to Val’U’s right to claim compensation from the Customer for the damages that Val’U has suffered as a result.
Any use of software to browse and/or automatically extract all or part of the Val’U Websites is strictly prohibited.
Various brands and logos appear on Val’U’s Websites and media. These are trademarks or registered trademarks of Val’U in the European Union and/or other jurisdictions. These trademarks and logos may not be used by Customers or third parties in a manner likely to cause confusion, or in any other way that depreciates, denigrates or discredits Val’U.

Other brands or logos – especially trademarks or logos of Val’U’s partners – may appear on the Websites, products or services offered by Val’U and more particularly its “Kipeps Shop online store”. These trademarks or logos are the property of their respective owners, who may or may not be related to Val’U.

Section 3a. General conditions of use of the online store “Kipeps Shop”

The online shop is called “Kipeps Shop” or “The Shop“.

The Boutique has no legal personality. It is a digital product of Val’U through which Val’U offers in service, to professionals: its online store, “Kipeps Shop”.

The contact details of La Boutique are:

Postal address: Rue Saint Sauveur, 35 to 9600 Ronse (Renaix), Belgium;
Site Web:

o For the “Kipeps Shop”: www.shop.kipeps.com o General email: info@kipeps.com

Chapter 1. Accessibility of sites and/or services

Accessibility of the sites

Val’U strives to keep its online services accessible, including those of its Kipeps Shop online store (obligation of means). To do this, Val’U takes reasonable and necessary measures to ensure the proper functioning, security and accessibility of its shop, for example. However, Val’U may interrupt access, in particular for reasons of maintenance and upgrade or for any other reason, in particular technical, and for example: the implementation of tools for the protection of websites, detection of fraudulent attack, etc.

Accessibility to certain services upon application for registration
- Registration and access to services

Access to certain services of the Shop is subject to prior registration.

Registration and access to the services of the Shop are reserved:

Exclusively to legally capable natural persons, who have completed and validated the ad hoc registration form available online on the Kipeps website;
- These natural persons may act on behalf of third parties, in particular for a legal person, an organization or an association, for example.

The User must imperatively provide a valid e-mail address, on which the Shop will send him a confirmation of his registration for its services. The same e-mail address cannot be used multiple times to register for the Services. Any communication made by La Boutique, and/or its partners, is therefore deemed to have been received and read by the User. The latter therefore undertakes to regularly consult the messages received at this e-mail address and, if necessary, to respond within a reasonable time.

The User creates his username and password. The combined use of this username and password allows him to access a space reserved for him /her according to the option he/she has chosen in his/her registration application: either a personal space or a professional space.

The username and password can be modified online by the User. The password is personal and confidential, the User thus undertakes not to communicate it to third parties.

Unsubscribe

The regularly registered User may at any time request his unsubscription by contacting the support via the form posted for this purpose on the www.shop.kipeps.com site or by sending an e-mail to the address: info@kipeps.com. The unsubscribe request must be clearly specified in the title and in the body of the e-mail otherwise Val’U declines all responsibility in the event of failure to support the request and/or delay in the execution of the unsubscribe request by Val’U.

Chapter 2. Limitation of Liability

Val’U is in no way responsible for the interruptions mentioned in Chapter 1 of this section, nor for the consequences that may result for the user or any third party.

Val’U does not offer any guarantee as to the accuracy or updating of the information on these sites.

Val’U is not responsible for any damage and any temporary or permanent incident that may be caused to the user’s data or computer equipment when accessing the sites, during its circulation within their pages or generally during the transmission of the files and computer programs that make up the sites on its receiving equipment. In particular, Val’U is not responsible for the possible transmission of viruses through its sites, in this case its Kipeps shop.

Val’U is not responsible for the fraudulent use of its means of dissemination. It declines all responsibility for any intrusion into its computer systems and for any looting of any data that may result. However, Val’U implements the necessary means to prevent illegal intrusions on the Store.

Val’U does not incur any liability for indirect damages due to these terms of use, operating loss, loss of profit, loss of opportunity, damages or costs.

Chapter 3. Intellectual property

The structure, formatting and all the elements contained in these sites are protected by the copyright of Val’U, its possible suppliers or partners.

Other product or company names mentioned on the Store may be trademarks of their respective owners. The user is not authorized to modify, copy, distribute, transmit, broadcast, represent, reproduce, publish, license, transfer or sell any information, software, product or service obtained from these sites, nor to create derivative works of the aforementioned elements, without the prior written consent of Val’U.

Chapter 4. Links to Third Party Sites

Web spaces outside the domains or subdomains of Val’U, the Boutique Kipeps Shop and, in particular, the spaces to which the user can be directed by means of hypertext links are the sole responsibility of the owners of these web spaces.

Val’U cannot exercise any permanent control over these sites or assume any responsibility for their content. The insertion of these links on its shop does not mean that Val’U approves the elements contained on these sites.

Val’U therefore declines all responsibility in particular for the material, for the data of any kind contained or disseminated on these reference web spaces, and for the processing of personal data that would be carried out there.

Chapter 5. Preservation of rights and competent jurisdiction

Val’U reserves the right to take legal action in the event of a breach of these terms of use, with a view to obtaining compensation for any damage it may have.

Subject to the mandatory rules of public and private international law that govern the user, Belgian law governs the relationship between Val’U and the user. Any dispute relating to the use of the Kipeps Shop will be exclusively governed by Belgian law. The courts and tribunals of (Gent) will have sole jurisdiction in the event of a dispute.

Val’U reserves the right to refuse any Internet user access to all or part of the Kipeps Shop, unilaterally and without prior notification, in particular in the event of a manifest violation of these conditions of use by an Internet user.

Chapter 6. Miscellaneous provisions

If any provision of these Store Terms of Use is declared invalid or unenforceable under applicable law, such invalid or unenforceable provision shall be deemed to be superseded by a valid and enforceable provision whose content is as close as possible to that of the original provision, and all other provisions of the Agreement shall remain in force.

These general conditions of use of the Kipeps Shop store reflect the entire agreement between the user and Val’U concerning the Kipeps Shop online store, and they cancel and replace all previous or contemporary communications and proposals, in electronic, written or oral form, between the user and Val’U in this regard.

A printed version of this Agreement and any disclaimer issued in electronic form will be accepted in any judicial or administrative proceedings related to this Agreement, in the same manner and under the same conditions as other commercial documents and records created and maintained in printed form.

Val’U reserves the right to modify the terms, conditions and disclaimers under which the Kipeps website is offered.

Val’U’s activities are covered by professional insurance with AG Insurance.

Section 4. Pre-contract information

Chapter 1. Offer

All products and services offered by Val’U, regardless of the medium (Website, Directory of referencing professionals on the Online Shop, newsletters/ newsletters, etc.) are described in good faith and as faithfully as possible.
Any images presented to illustrate the products and services offered by Val’U have no contractual value.
Products and services are offered within the limits of stocks, whether at Val’U or at a supplier.
The Customer is notified as soon as possible of the prolonged unavailability of an item. If necessary, the Customer may then cancel his order free of charge. In other words, the supplier updates its stocks on the Kipeps Shop Online Store, Val’U takes care of the refund, if necessary.
Val’U may modify its offer of products or services at any time.
For events organized (or co-organized) by Val’U, registrations are accepted subject to availability. It is only in this case that the Customer can inquire about the availability of events with Val’U. In all other cases, registrations are made with the organizer, and it is with the latter that the Customer will be able to inquire about the availability of places for a given event.

Chapter 2. Price offer

The prices displayed for the products and services offered by Val’U, regardless of the medium (Website, Directory of referencing professionals on the Online Shop, newsletters/ newsletters, etc.) are indicative and may be modified without notice by Val’U.
The only valid price is the one indicated at the time of confirmation of the order.
Unless otherwise stated, prices are denominated in euros and do not include taxes or any delivery costs.
For events, unless otherwise specified, the prices displayed do not include travel expenses, support costs or catering costs.

Section 5. Placing an order

Chapter 1. Online ordering process

The Customer may place an online order for certain products or services via one of Val’U’s Websites, more specifically its Kipeps online store;
Val’U reserves the right to make the confirmation of the order subject to other conditions, to suspend it or to refuse it in the following cases exhaustively listed:
Communication of manifestly erroneous data;
Non-payment of previous deliveries or refusal of authorization on the part of the Customer’s bank or financial institution or Val’U’s financial department;
Orders for an abnormally high number of products/services;
Orders for an abnormally high total amount;
Delivery to be made in a geographical area where the risks would be unreasonable, either due to a lack of reliability of transport or distribution, or due to cases of force majeure (wars, riots, strikes).

Chapter 2. Ordering process by any other means

If necessary, the Customer may place an order for certain products or services by other means, either by correspondence by returning a completed order stub, or by telephone, or by email, etc.
In this case, it is necessary to refer to the particulars provided on the commercial documents used by Val’U.
Val’U reserves the right to make the confirmation of the order subject to other conditions, to suspend it or to refuse it in the following cases exhaustively listed:
Incomplete or incorrect purchase orders;
Communication of manifestly erroneous data;
Non-payment of previous deliveries or refusal of authorization on the part of the Customer’s bank or financial institution or Val’U’s financial department;
Orders for an abnormally large number of books;
Orders for an abnormally high total amount;
Delivery to be made in a geographical area where the risks would be unreasonable, either due to a lack of reliability of transport or distribution, or due to cases of force majeure (wars, riots, strikes).

Chapter 3. Payment of the order

Payments can be made by credit card, debit card or PayPal.
Unless otherwise agreed in writing, payments are due immediately and without discount.
Any delay in payment entails, by operation of law and without prior notice, an interest of 8% per year on the sums due.
In the event of non-payment on the due date, it will be due, by operation of law and without prior notice, a fixed conventional compensation of 10% of the balance remaining due, with a minimum of 40 €.

Chapter 4. Invoicing

The Customer explicitly agrees to the use and receipt of electronic invoices, at Val’u’s choice.

Chapter 5. Security and archiving

The security of electronic funds transfers and the proper execution of payment orders in general are the sole responsibility of the financial institutions managing these transfers.
Val’U cannot be held liable for any damage whatsoever resulting from an error, omission, breakdown, malfunction or reprehensible act that is not directly attributable to it.
It is the Customer’s responsibility to read the general conditions and limitations of liability applicable to the payment services he uses.

Section 6. Executing the command

Chapter 1. Delivery time

Delivery times are always indicative.

Chapter 2. Communication of digital files

The digital files ordered are made available to the Customer through a hypertext link allowing the download. This is particularly the case for the online store “Kipeps Shop”.

Chapter 3. Transfer of ownership and risk

. Ownership of the products ordered is transferred to the Customer upon receipt of full payment.
The risks on the products ordered are transferred to the Customer upon confirmation of the placing of the order.

Chapter 4. Complaint – time limit for complaint

The Seller (partners and/or suppliers) is responsible for the conformity of the products or services with the contract in accordance with the law in force at the time of its conclusion.
It is the Customer’s responsibility to ensure the conformity of his order upon receipt of the package.

Chapter 5. Service Contracts

If necessary, the Customer gives his prior agreement to the immediate commencement of the execution of the service contracts concluded with Val’U.
The Customer acknowledges and accepts that he will lose his possible right of withdrawal referred to in Section 7 below once the service contract has been fully executed by Val’U.

Section 7. Right of withdrawal

Chapter 1. Opening of the right of withdrawal to customers with the status of Consumer

The right of withdrawal referred to in Section 6, Chapter 6, point 2 of the Agreement is only open to customers who have the status of consumer within the meaning of the Code of Economic Law, that is to say any natural person who acts for purposes that do not fall within the scope of his commercial, industrial, craft or liberal activity.
Customers who do not have the quality of consumer may request the return of the products purchased, depending on the circumstances, from Val’U [or the supplier concerned], within eight (8) days of receipt of the order.

Val’U has full discretion to authorize or refuse the return of products. In any case, only products in perfect condition will be accepted.

In case of agreement of Val’U on the return of the product (s) concerned, the return of the products will be made according to the modalities indicated in the agreement.

The refund of the price paid – excluding the delivery and return costs to be borne by the Customer – will be made within thirty (30) days of receipt of the products, provided that they are returned in perfect condition.

The refund will be made by transfer to the account number indicated by the Customer when requesting the return. If necessary, a penalty may be claimed from the Customer, this penalty will be retained from the amount to be reimbursed

Chapter 2. Time limit and starting point

Except in the cases of exclusion referred to above or below, the Customer has a period of fourteen (14) days to notify Val’U of its decision to withdraw from the agreement.
The starting point of this fourteen (14) day period varies according to the following assumptions:
In the case of a service agreement, the starting point is the day on which the contract is concluded;
In the case of a product sales agreement:
the point of departure is the day on which the Customer or a third party other than the carrier and designated by the Customer takes physical possession of the product or;
in the case of multiple products ordered by the Customer in a single order and delivered separately, the starting point is the day on which the Customer or a third party other than the carrier and designated by the Customer takes physical possession of the last product;
in the case of contracts for the regular delivery of products (subscription to a newsletter for example, …) for a defined period of time, the starting point is the day on which the Customer or a third party other than the carrier and designated by the Customer takes physical possession of the first product.

Chapter 3. Methods of notification

The Customer informs Val’U, before the expiry of the fourteen-day withdrawal period, of his decision to withdraw from the contract.
The Customer may notify by sending an e-mail to Info@kipeps.com unambiguously setting out his decision to withdraw.

Chapter 4. Terms of return and refund

The costs of return are the responsibility of the Customer.
The Customer returns the product to the supplier according to the terms indicated by Val’U when accepting the return.
The return must be made within fourteen days of notification of the decision to withdraw.
Val’U makes the refund of the price paid by the Customer (excluding delivery costs, except in certain situations expressly determined), within thirty (30) days following the communication of the proof of the return of the product [or the actual receipt by the supplier of the product returned by the customer. The last event being the starting point of the thirty (30) day period.
Unless expressly agreed otherwise, Val’U makes the refund using the same means of payment as that used by the Customer for the initial transaction.
The Customer is liable in the event of depreciation of the products resulting from handling them other than those necessary to establish their nature, characteristics and proper functioning.

Chapter 5. Exclusions

The Customer may not exercise his right of withdrawal in the following situations:

Regarding service contracts: no right of withdrawal when the service has been fully performed and if the performance has begun with the express prior agreement of the Customer, who has also acknowledged that he will lose his right of withdrawal once the contract has been fully executed by Val’U or one of its suppliers.
Regarding the supply of sealed audio or video recordings or sealed computer software that has been unsealed after delivery: no right of withdrawal in this case;
Regarding the supply of goods made according to the Customer’s specifications or clearly personalized: no right of withdrawal either in this case;
Regarding the supply of digital content not supplied on a material medium: no right of withdrawal if the execution has begun with the prior express agreement of the Customer, who has also acknowledged that he will thus lose his right of withdrawal.

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• Regarding the right of withdrawal

“ARTICLE 8 – LIABILITY IN CASE OF WITHDRAWAL, RETURN OR

CANCELLATION OF AN ORDER

8.1. The provisions of this article are intended to specify the responsibilities of the E-Merchant and the Supplier in the event of withdrawal, non-compliant order return or cancellation of an order, without prejudice to any other action that a party would be entitled to bring, as such, against the other party, if the former considers that compensation following an error or negligence resulting in damage.

8.2. The E-Merchant undertakes to specify to the Customer, in its general conditions of sale, the necessary information relating to the conditions under which the latter may retract, return or cancel the product(s) purchased on the E-Merchant’s website and delivered by the Supplier.

8.3. In the event of a request for withdrawal, return or cancellation of an order placed by the Customer on the E-Merchant’s website, the latter undertakes to inform the Supplier upon receipt of the request.

8.4. It is agreed that the Supplier will accept and process returns for any reason.

8.5. Withdrawal of the Customer. It is recalled that, in accordance with Article VI-45 of the Code of Economic Law, consumer customers have a period of 14 days to return an ordered product, and this acceptance period must be respected by the Supplier if the right of withdrawal is applicable. If a return is made within this withdrawal period, the delivery costs generated by the Customer’s order will be borne by the Supplier; the full amount of the E-Merchant’s order, including delivery costs, must be reimbursed by the Supplier.

8.6 Return due to a defect or deterioration of the Product.

8.6.1. If a return is requested by the Customer due to a defect in the product or a damaged product due to the negligence of the Supplier (improper packaging, storage or handling), or following a shipping error of the Supplier, and the Customer requests reimbursement of his order from the E-Merchant, the Supplier will bear alone the delivery costs incurred and must reimburse the E-Merchant the full amount of his order.

8.6.2. If a return is requested by the Customer due to a defect in the product or a damaged product due to the negligence of the Supplier (improper packaging, storage or handling), or following a shipping error of the Supplier, and the Customer requests an exchange, the Supplier must make the exchange and make a new shipment at its expense, without requesting any payment from the E-Merchant for this second shipment.

8.7. Cancellation following a delay in delivery If the order is cancelled by the Customer following a delay in delivery (or non-delivery) due to the Supplier, the Supplier alone will bear the delivery costs incurred and must reimburse the E-Merchant the full amount of his order.

8.8. Return due to an error of the E-Merchant.

8.8.1. If a return is requested by the Customer following an error by the E-Merchant in the taking of the order or its transmission to the Supplier (wrong product reference, product marked by mistake as available on the E-Merchant’s website, etc.), and the Customer requests a refund of his order from the E-Merchant, the delivery costs generated by the Customer’s order will be borne by the E-Merchant; the amount of the order from the E-Merchant to the Supplier will therefore be charged the delivery costs of this order upon refund to the E-Merchant. [MNN2] [AP3].

8.8.2. If a return is requested by the Customer following an error by the E-Merchant in the taking of the order or its transmission to the Supplier (wrong product reference, product marked by mistake as available on the Merchant’s website, etc.), and the Customer requests an exchange, the delivery costs generated by the Customer’s order will be borne by the E-Merchant, who must therefore reimburse these costs to the Supplier as soon as possible.

8.9. In case of return or cancellation, the Product(s) delivered by the Supplier to the Customer will be returned, without necessary intervention of the E-Merchant the return address will be previously specified by the Supplier and communicated by the E-Merchant to the

Customer.

8.10. The terms of assumption of the costs of delivery and reimbursement provided for above do not exempt the offending Party from its liability towards its co-contractor. »

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