ARTICLE 1 - Scope

These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by Mr. Saussard Franck in his capacity as a self-employed entrepreneur registered under the number of Siren and RCS 750497901 located at 147 rue de l’ambassador 78700 Conflans ste Honorine with professional and non-professional buyers, wishing to acquire the products offered for sale by the Seller on its website “La Caverne de kafr78” https://kafr78.com , namely:
Online digital and second-hand products 

Regarding second-hand products:
 
Each product sold on the site will be described by the Seller based on its knowledge of the products in question. The product shall, as far as possible, be accompanied by one or more descriptive photographs.However, these elements are only indicative. The Seller cannot therefore be held responsible for errors made in the product description or photographs.
 
Regarding digital products:
 
The website "La caverne de kafr78" https://kafr78.com  sells digital forms in relation to miniature trains before 2000. At the end of the order, the customer will receive a file in Zip format containing the PDF files. These General Terms and Conditions of Sale are accessible at any time on the website and will prevail, if necessary, over any other version or any other contradictory document. Unless proven otherwise, the data recorded by the Seller shall constitute proof of all transactions.
 
Seller contact information is: contact@kafr78.com.
 
The website "La caverne de kafr78" https://kafr78.com is hosted on the following server: ionos.
 
Host contact details: IONOS SARL 7, place de la Gare BP 70109 57200 Sarreguemines Cedex France 0970 808 911 info@ionos.fr
 
Information on the availability of products is provided at the time of placing the order. The validation of the order by the purchaser constitutes acceptance without reservation of these General Terms and Conditions of Sale.
 

ARTICLE 2 - Term GTC

These General Terms and Conditions of Sale are valid indefinitely. The changes to these General Terms and Conditions of Sale are enforceable against the users of the site as of their posting and cannot apply to transactions concluded previously.
 

ARTICLE 3 - Orders

To place an order on our site, choose your items and add them to the cart. Validate the contents of your shopping cart.
 
+ If you already have a customer account on our site, please login.
+ If you do not have a customer account on our site, you will be asked to create one when placing your order.
+ Check the box “acceptance of the GTC” when registering
+ Validate your payment.
 
You will receive an email confirming your order on the email address you provided when creating your customer account. Payment must be made by secure remote payment, by Paypal. The order will be confirmed upon acceptance of the payment. Delivery will take place only after payment has been made.
 
The sale will be considered final only after the Seller has sent the Buyer confirmation of acceptance of the order by e-mail and after the Seller has received the full price.

In the event that the ordered product is unavailable as a result of damage or loss, the Seller undertakes to inform the Buyer, the latter then having the option either to request an exchange of the ordered product or to cancel his order and obtain a refund from the Seller, at the latest within 30 days.

ARTICLE 4 - Tariffs

The products are provided at the current rates indicated on the website, when the order is registered by the Seller. Prices are expressed in Euros. These rates are firm and non-revisable during their period of validity, as indicated on the Seller's website. They include processing and delivery costs. The Seller reserves the right to change the prices at any time, either upwards or downwards, depending on the market.

ARTICLE 5 - Terms of payment

The price is payable in cash, in full on the day of placing the order by the buyer, by secure remote payment (Paypal).The Seller will not be obliged to deliver the products ordered by the Buyer if the Buyer does not pay the full price under the conditions indicated above. Payments are debited when the order is placed.

Payments made by the Buyer will only be considered final after the Seller has actually collected the amounts due.When making a payment, the buyer is informed that he will have to provide a certain amount of personal information and undertakes, accordingly, to ensure its accuracy. The customer guarantees that it is fully entitled to use Paypal and that it provides access to sufficient funds to cover all the costs necessary for the payment of the order. Under no circumstances shall the Seller be held liable for payments made by means of stolen means of payment. 

At the time of payment, the Buyer must verify the veracity of the information provided before validating his order so that the Seller cannot be held responsible for 
the errors committed during this time.

In addition, the Seller reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the delivery of the outstanding orders made by the Buyer.

No additional charges, in excess of the costs incurred by the Seller for the use of a means of payment, may be charged to the Buyer. Unless expressly agreed, in advance and in writing by the Seller, and provided that the mutual claims and debts are certain, liquid and payable, no compensation may be validly made by the buyer between any penalties for delay in delivery of the ordered products or non-conformity of the products to the order, on the one hand, and the sums by the buyer to the seller in respect of the purchase of said products, on the other hand.

ARTICLE 6 - Deliveries

Delivery is free only as a relay point for countries: France, Belgium, Luxembourg, Spain, Portugal and the Netherlands.For other European countries it will be a paid home delivery, so it is imperative to ask before ordering. For the rest of the world, the order can only be made in my other shop: https://www.ebay.fr/str/chezkafr78 otherwise it will be automatically canceled.

Products purchased by the buyer will be delivered within a maximum of 15 days to the delivery address indicated by the buyer when placing his order on the website. Except in special cases or the unavailability of one or more products, the ordered products will be delivered in one single delivery. The seller reserves the choice of the site that offers deliveries

The package will be sent to the consignee with the name of the site, a tracking number with assurance and other information if necessary for the receipt of the package.The purchaser will be able to go with his identity card when he has received an alert indicating that his package has arrived.The Seller disclaims any responsibility for delays in delivery

Where delivery is the personal responsibility of the seller, the seller undertakes to make his best efforts to deliver the products ordered by the buyer as soon as possible. However, these deadlines are indicative and any overrun may not give rise to any damages, withholding or cancelation of the order by the buyer. However, if the ordered products have not been delivered within 60 days after the indicative delivery date, for any reason other than force majeure, the sale may be resolved at the written request of the buyer or seller. The sums paid by the buyer will then be returned to him without delay, excluding any compensation or withholding.

Delivery shall be deemed to have taken place as soon as the goods ordered by the buyer have been delivered to the carrier as soon as the goods sold have been acceptedby the latter without reservation. The buyer therefore acknowledges that it is the carrier’s responsibility to deliver. In the event of a specific request from the buyer concerning the conditions of packaging or transport of the ordered products, duly accepted in writing by the seller, the related costs will be subject to additional specific invoicing, on a quotation previously accepted in writing by the buyer.

The buyer is obliged to check the condition of the delivered products. He has a period of 8 days from delivery to form by post by registered post with acknowledgement of receipt, reservations or complaints for non-conformity  or apparent defect of the products delivered, the origin of which is not due to the defective delivery, with all the relevant supporting documents.

After this period and if these formalities have not been complied with, the products will be deemed to be in conformity and free of any apparent defect and no claim can be
validly accepted by the seller.

The seller will replace as soon as possible and at his own expense, the delivered products whose apparent defects or defects of conformity have been duly proven by the
buyer by products of the same value or by a credit note. If the seller is unable to replace the product, the seller will grant the buyer a credit in the same amount as the 
product originally delivered.

The seller cannot be held responsible for the damage caused after opening the package. A picture of the package is taken by the seller before each shipment.

On digital products

The digital products sold on the website "La caverne de kafr78" https://kafr78.com  are only available for download for personal use

No refund is possible for a product that has already been downloaded. 
"La caverne de kafr78" https://kafr78.com can however make a refund in case of a duplicate purchase of the customer

claims will be submitted electronically to: contact@karfr78.com

ARTICLE 7 - transport risks for second-hand products

The products therefore travel at the risk of the buyer who will be able, in case of damage, to make any complaints to the carrier under the legal and regulatory conditions in force.

Consequently, the buyer is informed of the importance of checking the products on delivery and not accepting any product that appears to him to have deteriorated or that has been opened beforehand, at the risk of no longer being able to bring any action against the carrier.

ARTICLE 8 - Right of withdrawal

The Buyer has, in accordance with the provisions of Article L 121-20 of the Consumer Code, a withdrawal period of seven (7) working days from the delivery of the products to return them to the Seller for exchange or to obtain a credit, provided that the products are returned in their original packaging and in perfect condition within 8 days of delivery. Damaged, dirty or incomplete items are not returned.

The cost of return will be borne exclusively by the Buyer.

The buyer will then inform the seller of his intention to exercise his right of withdrawal by e-mail to the following address: contact@kafr78.com.

The exchange (subject to availability) or credit note will be transmitted within 30 days of receipt by the seller of the items returned by the buyer.

On digital products

In accordance with the law, the right of withdrawal does not apply for digital products whose execution has begun. On our site after validation of the payment, the product will be directly available for download so the execution will be considered as started

ARTICLE 9 - Liability of the Seller

The products supplied by the Seller benefit, in accordance with the legal and case law provisions in the case of second-hand goods.The legal guarantee against hidden defects arising from a defect in material, design or manufacture affecting the delivered products and rendering them unsuitable for use, provided that, in view of the user nature of the goods, the defect is of particular gravity.

Any warranty is excluded in case of misuse, negligence or lack of maintenance by the buyer, such as in case of normal wear and tear of the property, accident or force majeure and the Seller's warranty is limited to the replacement or refund of the non-compliant or defective products.The products sold on the website comply with the regulations in force in France. The Seller shall not be liable in the event of non-compliance with the laws of the country in which the products are delivered, which it is for the buyer to verify.

It is the responsibility of each purchaser to be vigilant and to take all necessary precautionary measures, in particular with regard to toys and all other objects on the site. The seller cannot therefore be held liable.The seller shall not be liable in any way in the event of an accident, regardless of the nature and extent of the damage, if any.

The photographs and illustrations accompanying the products on the website have no contractual value and therefore cannot engage the responsibility of the seller.

The purchaser is solely responsible for the choice of the products, their preservation and their use.

The seller will not be held liable or in default for any delay or non-performance resulting from the occurrence of a case of force majeure usually recognized by French case law.

Furthermore, since each product is the subject of a technical description by the seller in the light of his knowledge of the matter, the latter cannot be held liable for any errors that may be made in the description of the origin of the product sold, in particular as regards its date.

Furthermore, the Seller cannot be held liable for the congestion or malfunction of the Internet or of the access provider of the buyer, for an impossibility of access, for an incorrect use of the site and for any other reasons external to it, unless this malfunction emanates directly from the site owned by the Company and is attributable to it.

As such, the seller may update the site or take action in the context of maintenance operations that may lead to a temporary interruption of the connection to the site, without the latter being liable. These operations shall, unless otherwise prohibited, be notified in advance to users by the Seller by means of a newsletter or an alert message on the home page of the site.

ARTICLE 10 - Availability

Since each item is unique and usually second-hand, the seller cannot ensure resupply. Only items displayed on our site with a price are still available for sale. The seller cannot be held liable for the unavailability of an article.

on digital products

Purchased products are available for download as soon as payment is confirmed.

ARTICLE 11 - Hyperlinks

As part of the animation of its website and the products offered, the Seller may use hypertext links referring users to other websites or the Internet. Not controlling these external sources, the Seller cannot be held responsible for the provision of these sites and cannot engage its responsibility for their content, these being governed by their own General Terms and Conditions of Sale.

ARTICLE 12 - Computing and Freedoms

Pursuant to Law 78-17 of January 6, 1978, it is recalled that the personal data requested from the Buyer is necessary for the processing of his order. The buyer has, in accordance with the national and European regulations in force, a right of permanent access, modification, rectification and deletion with regard to information concerning him. he can do it via his profile or make a request to contact@kafr78.com

ARTICLE 13 - Force majeure

Force majeure means any event external to the parties which is at the same time unforeseeable, irresistible and external in nature totally preventing the fulfillment of 
the obligation within the meaning of Article 1148 of the Civil Code.

The Seller shall not be liable for any failure to perform or delay in performing any of its obligations if it is the result of a fact beyond its control beyond its control.

ARTICLE 14 - Intellectual property

The content of the site is the property of the seller and its potential partners and is protected by French and international laws relating to intellectual property. The name and logo “the cavern of kafr78” have been deposited at INPI.

Any reproduction in whole or in part of this content is strictly prohibited and may constitute an offense of counterfeiting. 

In addition, the seller retains ownership of all intellectual property rights in the studies, designs, models, prototypes, etc., carried out (even at the request of the buyer) for the supply of the products to the buyer. Any person is therefore prohibited from any reproduction or exploitation of such studies, designs, models and prototypes, etc., without the express, written and prior authorization of the seller who may condition it on financial consideration.

On digital products

As far as intellectual property is concerned, the digital sheets remain the author's.

ARTICLE 15 - Changes to the General Conditions

Each user is informed that these General Terms and Conditions of Sale may be modified at any time, without prior notice. The seller reserves the right to change the characteristics of the products at any time, without such changes leading to substantial changes.

Consequently, pursuant to this clause, the Seller may modify products, rates or General Conditions which become immediately applicable for new buyers. As part of these changes, the seller will update the site.

ARTICLE 16 - Partial invalidity

The nullity or inapplicability of any of the stipulations of these General Terms and Conditions of Sale shall not invalidate any other stipulations which retain all their force and scope.

However, the parties may by mutual agreement agree to replace the invalidated stipulation(s).

ARTICLE 17 - Applicable law - Language

By express agreement between the parties, this contract is governed by and subject to French law. It is written in French. If it is translated into one or more languages, only the French text shall be authentic in the event of a dispute.

ARTICLE 18 - Disputes

All disputes to which this contract may give rise, concerning its validity, interpretation, performance, termination, consequences and follow-up, shall be submitted to the competent courts under the conditions of ordinary law.

In case of dispute with professionals and/or traders and/or individuals, the courts of VERSAILLES will be competent

ARTICLE 19 - Pre-contractual information - Customer acceptance

The buyer acknowledges having been informed, prior to the conclusion of the contract, in a clear and comprehensible manner, of these General Conditions of Sale and of all the information and information referred to in Article L 121-19 of the Consumer Code, and in particular:

+ the main characteristics of the products offered, to the extent appropriate to the communication medium used and the products concerned;
+ Seller's identity;
+ the total price of the products including all taxes and, where appropriate, any additional charges or, where such charges cannot reasonably be calculated in advance, a statement that such charges may be payable;
+ where applicable, the payment and performance procedures, the date on which the Seller undertakes to fulfill its delivery obligations and the procedures provided for handling complaints;

The fact that a natural person (or legal entity) orders on the seller’s website implies full acceptance and acceptance of these General Terms and Conditions of Sale, which is expressly recognized by the buyer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the seller.