Terms of sale

GENERAL TERMS AND CONDITIONS OF SALE

You will find below :

  • General terms and conditions of sale (consumers)
  • General conditions of sale (professionals)

GENERAL CONDITIONS OF SALE (Consumers)

In force on 15/12/2022

ARTICLE 1- SCOPE OF APPLICATION

These General Terms and Conditions of Sale (hereinafter referred to as "GTCS") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("the Customer") wishing to acquire the products offered for sale ("the Products") by the Seller on the website https://komete-xr.com/. The Products offered for sale on the site are the following:

Virtual reality headsets and accessories

The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the https://komete-xr.com/ website, which the client is required to read before placing an order.

The choice and purchase of a Product are the sole responsibility of the Customer.

Product offers are subject to availability, as specified when the order is placed.

These GTC are available at any time on the website https://komete-xr.com/ and will prevail over any other document.

The Customer declares that he/she has read these GTC and accepted them by ticking the box provided for this purpose prior to the implementation of the online ordering procedure on the https://komete-xr.com/ website.

In the absence of proof to the contrary, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.

The Seller's contact details are as follows:

Komete, SARL

Share capital of 3000 euros

Registered with the RCS of Laval, under the number 921 449 096

20 rue du Pont d'Olivet

Email : contact@komete-xr.com

VAT number FR 75 921 449 096

The Products presented on the site https:/komete-xr.com/ are offered for sale in the following territories:

France and all countries of the European Union.

In the event of an order to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned.

For all Products shipped outside the European Union and French overseas departments and territories, the price will be calculated excluding tax automatically on the invoice.

Customs duties or other local taxes or import duties or state taxes may be payable. They shall be borne and are the sole responsibility of the Customer.

ARTICLE 2 - PRICES

The Products are supplied at the prices in force on the website https://komete-xr.com/, at the time the order is registered by the Seller.

Prices are expressed in Euros, exclusive of tax and VAT.

The prices take into account any discounts granted by the Seller on the website https://komete-xr.com/.

These prices are firm and non-revisable during their period of validity, but the Seller reserves the right to modify the prices at any time outside the period of validity.

The prices do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on the site and calculated before the order is placed.

The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.

An invoice is drawn up by the Seller and given to the Customer upon delivery of the Products ordered.

ARTICLE 3- ORDERS

It is the Customer's responsibility to select the Products he/she wishes to order on the htps://komete-xr.com/ website, according to the following procedures:

The customer chooses a Product which he puts in his basket, Product which he can delete or modify before validating his order and accepting the present general conditions of sale.

He will then enter his billing and delivery details and choose his shipping method.

After validation of the information, the Customer will choose his method of payment, then the order will be considered as final and will require payment from the Customer according to the terms and conditions provided.

The offers of Products are valid as long as they are visible on the site, within the limits of available stocks.

The sale will only be considered valid after full payment of the price. It is the Customer's responsibility to check the accuracy of the order and to report any errors immediately.

Any order placed on the website https:/komete-xr.com/ constitutes the formation of a contract concluded at a distance between the Customer and the Seller.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over the payment of a previous order.

The Customer can follow the progress of his order on the site.

Any cancellation of the order by the Customer will only be possible before the delivery of the Products (independently of the provisions relating to the application or not of the legal right of withdrawal).

ARTICLE 4- PAYMENT CONDITIONS

The price is paid by secure payment, as follows:

  • Payment by credit card (Visa, Mastercard, AMEX, Bank Card)

  • Payment by PayPal

  • Payment by bank transfer to the Seller's bank account (the details of which are communicated to the Customer when the order is placed).

The price is payable in cash by the Customer, in full on the day the order is placed.

Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider for banking transactions carried out on the https://komete-xr.com/ website.

Payments made by the Customer shall not be considered final until the Seller has actually received the amounts due.

The Seller shall not be obliged to deliver the Products ordered by the Customer if the Customer does not pay the price in full in accordance with the above conditions.

ARTICLE 5 - DELIVERIES

The Products ordered by the Customer will be delivered in Metropolitan France or in the following Zones:

All European Union countries.

Deliveries are made within 24 to 96 hours to the address indicated by the Customer when ordering on the site, unless otherwise indicated.

Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. Except in special cases or when one or more Products are unavailable, the Products ordered will be delivered at once.

The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the time limits specified above.

If the ordered Products were not delivered within a period of If the deadline is not respected, the Customer will be able to ask for the cancellation of his order after 1 month of deadline. After the indicative date of delivery, for any other cause than the force majeure or the fact of the Customer, the sale could be cancelled at the written request of the Customer under the conditions envisaged in the articles L 216-2, L 216-3 and L241-4 of the Code of the consumption. The sums paid by the Customer will then be restored to him at the latest in the fourteen days which follow the date of denunciation of the contract, with the exclusion of any compensation or retention.

Deliveries are made by an independent carrier to the address given by the Customer at the time of ordering and to which the carrier has easy access.

When the Customer has himself/herself called upon a carrier that he/she chooses, delivery is deemed to have taken place as soon as the Products ordered have been handed over by the Seller to the carrier, who has accepted them without reservations. The Customer therefore acknowledges that it is the carrier's responsibility to make the delivery and shall have no recourse against the Seller in the event of failure to deliver the goods transported.

In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the related costs shall be subject to specific additional invoicing, based on an estimate previously accepted in writing by the Customer.

The Customer must check the condition of the products delivered. He/she has a maximum of 3 days from the date of delivery to make any claims by email: after@komete-xr.com.

Mail: Entreprise KOMETE, 20 rue du Pont d'Olivet, 53200 Château-Gontier, accompanied by all the relevant documents (notably photos). After this period and if these formalities are not respected, the Products shall be deemed to be in conformity and free of any apparent defect and no claim may be validly accepted by the Seller.

The Seller shall reimburse or replace, as soon as possible and at its own expense, the Products delivered for which the Customer has duly proved the lack of conformity or the apparent or hidden defects, in accordance with the conditions set out in Articles L 217-4 et seq. of the French Consumer Code and those set out in these GTC.

The transfer of the risks of loss and deterioration relating thereto shall only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk, except when the Customer has chosen the carrier. In this respect, the risks are transferred at the time of delivery of the goods to the carrier.

ARTICLE 6- TRANSFER OF OWNERSHIP

The transfer of ownership of the Products from the Seller to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of the Products.

ARTICLE 7 - RIGHT OF WITHDRAWAL

According to the terms of Article L221-18 of the Consumer Code "For contracts providing for the regular delivery of goods during a defined period, the time limit runs from receipt of the first good.

The right of withdrawal can be exercised online, using the withdrawal form attached and also available on the site or any other unambiguous statement expressing the desire to withdraw and in particular by mail addressed to the Seller at the postal or e-mail address indicated in ARTICLE 1 of the GTC.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be remarketed in new condition, accompanied by the purchase invoice.

Damaged, soiled or incomplete Products will not be taken back.

The cost of returning the goods is borne by the Customer.

The exchange (subject to availability) or refund will be made within 14 days of the Seller's receipt of the Products returned by the Customer under the conditions set out in this article.

ARTICLE 8- SELLER'S LIABILITY - GUARANTEES

The Products supplied by the Seller benefit from :

  • the legal guarantee of conformity, for defective, damaged or damaged Products or Products that do not correspond to the order,

  • the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and making them unfit for use,

Provisions relating to legal guarantees

Article L217-4 of the Consumer Code.

"The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.

Article L217-5 of the Consumer Code.

"The property is in conformity with the contract:

1° Whether it is fit for the use normally expected of similar goods and, if so :

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

- If it has the qualities that a purchaser may legitimately expect, having regard to public statements made by the seller, the producer or his representative, in particular in advertising or labelling.

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

Article L217-12 of the Consumer Code.

"The action resulting from the lack of conformity shall be barred after two years from the delivery of the goods.

Article 1641 of the Civil Code.

"The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lesser price for it, if he had known about them.

Article 1648 paragraph 1 of the Civil Code.

"The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.

Article L217-16 of the Consumer Code.

"When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilisation of at least seven days shall be added to the duration of the guarantee that remained to run. This period shall run from the date of the buyer's request for service or from the time the goods in question are made available for repair, if this is after the request for service.

In order to assert his rights, the Customer must inform the Seller, in writing (e-mail or letter), of the non-conformity of the Products or of the existence of hidden defects from the moment of their discovery.

The Seller will refund, replace or repair Products or parts under warranty that are found to be non-conforming or defective.

The cost of postage will be reimbursed on the basis of the invoiced rate and the cost of return will be reimbursed on presentation of the receipts.

Refunds, replacements or repairs of Products deemed to be non-conforming or defective shall be made as soon as possible and at the latest within 730 days following the Seller's finding of the lack of conformity or hidden defect. This refund may be made by bank transfer or cheque.

The Seller shall not be liable in the following cases:

  • Non-compliance with the legislation of the country to which the products are delivered, which it is up to the Customer to check,

  • In case of misuse, professional use, negligence or lack of maintenance by the Customer, as well as in case of normal wear and tear of the Product, accident or force.

  • The photographs and graphics presented on the site are not contractual and cannot engage the responsibility of the Seller.

The Seller's guarantee is, in any case, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.

ARTICLE 9 - PERSONAL DATA

The Customer is informed that the collection of his personal data is necessary for the sale of the Products and their delivery / delivery, entrusted to the Seller. This personal data is collected solely for the purpose of executing the sales contract.

9.1 Collection of personal data

The personal data that are collected on the https://komete-xr.com/ website are the following:

Ordering Products :

When ordering Products by the Customer :

Name, first name, postal address, telephone number and e-mail address.

Payment

When paying for the Products offered on the https:/komete-xr.com/ website, the latter records financial data relating to the Customer's bank account or credit card.

9.2 Recipients of personal data

Personal data is used by the Seller and its co-contractors for the execution of the contract and to ensure the efficiency of the sale and delivery of the Products.

The category(ies) of co-contractor(s) is (are):

  • Transport providers

  • Payment institution providers

9.3 Data controller and data protection officer

The data controller is the Seller, within the meaning of the French Data Protection Act and as of 25 May 2018 of Regulation 2016/679 on the protection of personal data.

The Data Protection Officer is :

  • Chadaigne Nathan

9.4 limitation of processing

Unless the Customer expressly agrees, his personal data will not be used for advertising or marketing purposes.

9.5 Data retention period

The Seller shall keep the data thus collected for a period of 5 years, covering the period of prescription of the applicable contractual civil liability.

9.6 Security and confidentiality

The Seller implements organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorised 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.

9.7 Enforcement of Client and User Rights

In application of the regulations applicable to personal data, Customers and users of the https://komete-xr.com/ website have the following rights:

  • They can update or delete their data in the following ways:

By email: after@komete-xr.com.

  • They can delete their account by writing to the e-mail address indicated in Article 9.3 "Controller".

  • They may exercise their right of access to their personal data by writing to the address indicated in Article 9.3 "Data controller".

  • If the personal data held by the Seller is inaccurate, they may request the "Controller" to update the information by writing to the address indicated in Article 9.3 "Controller".

  • They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in Article 9.3 "Controller".

  • They may also request the portability of data held by the Seller to another provider.

  • Finally, they may object to the processing of their data by the Seller.

These rights, as long as they are not opposed to the purpose of the processing, may be exercised by sending a request by post or by e-mail to the Data Controller whose contact details are given above.

The controller must provide a response within a maximum of one month.

If the Customer's request is refused, reasons must be given.

The Customer is informed that in the event of refusal, he may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.

The Customer may be asked to tick a box by which he agrees to receive informative and advertising e-mails from the Seller. He will always have the possibility to withdraw his agreement at any time by contacting the Seller (contact details above) or by following the unsubscribe link.

ARTICLE 10 - INTELLECTUAL PROPERTY

The content of the https://komete-xr.com/ website 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 forbidden and may constitute an infringement of copyright.

ARTICLE 11 - APPLICABLE LAW - LANGUAGE

These GTCs and the transactions arising from them are governed by and subject to French law.

These GTC are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.

ARTICLE 12 - DISPUTES

For any complaint, please contact the customer service department at the Seller's postal or e-mail address indicated in ARTICLE 1 of these GTC.

The Customer is informed that he may in any case have recourse to conventional mediation, with the existing sectoral mediation bodies or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.

The Customer is also informed that he can also use the Online Dispute Resolution (ODR) platform: https:/lwebgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

All disputes arising from the purchase and sale operations concluded in application of these GTC and which have not been settled amicably between the seller or by mediation, shall be submitted to the competent courts under the conditions of common law.

ARTICLE 13 - FORCE MAJEURE

In the event of non-performance or delay in the performance of one of the obligations specified in these GTCs resulting from a case of force majeure, the responsibility of Komete SARL cannot be declared.

Force majeure is defined as any external, unforeseeable and irresistible event as specified in Article 1148 of the Civil Code.

ANNEX I

Withdrawal form

Date ___

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on https://komete-xr.com/, except for exclusions or limitations to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.

To the attention of SARL, Komete

20 rue du Pont d'Olivet

I hereby give notice of withdrawal from the contract for the following goods:

  • Ordered on (indicate date) ...............................

  • Order number: .......................................

  • Customer name: .......................................................

  • Customer address: ...................................................

Signature of the Client (only if this form is notified on paper)


GENERAL CONDITIONS OF SALE (Professionals)

Effective 15/12/2022

ARTICLE 1- SCOPE OF APPLICATION

These General Terms and Conditions of Sale (hereinafter referred to as "GTCS") apply, without restriction or reservation, to all sales concluded by the Seller with professional buyers ("the Customers or the Client"), wishing to acquire the products offered for sale ("the Products") by the Seller on the website https://komete-xr.com/. The Products offered for sale on the site are the following:

Virtual reality headsets and accessories

The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the https://komete-xr.com/ website, which the client is required to read before placing an order.

The choice and purchase of a Product are the sole responsibility of the Customer.

Product offers are subject to availability, as specified when the order is placed.

These GTC are available at any time on the website https://komete-xr.com/ and will prevail over any other document.

The Customer declares that he/she has read these GTC and has accepted them by ticking the box provided for this purpose prior to the implementation of the online ordering procedure on the https://komete-xr.com/ website. If the Customer places an order off-site by means of an agreement on a quotation or order form, then the Customer declares that he has read and accepted these GTC.

In the absence of proof to the contrary, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.

The Seller's contact details are as follows:

Komete, SARL

Share capital of 3000 euros

Registered with the RCS of Laval, under the number 921 449 096

20 rue du Pont d'Olivet

Email : contact@komete-xr.com

VAT number FR 75 921 449 096

The Products presented on the site https:/komete-xr.com/ are offered for sale in the following territories:

France and all countries of the European Union.

In the event of an order to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned.

For all Products shipped outside the European Union and French overseas departments and territories, the price will be calculated excluding tax automatically on the invoice.

Customs duties or other local taxes or import duties or state taxes may be payable. They shall be borne and are the sole responsibility of the Customer.

ARTICLE 2 - PRICES

The Products are supplied at the prices in force on the website https://komete-xr.com/, at the time the order is registered by the Seller.

Prices are expressed in Euros, exclusive of tax and VAT.

The prices take into account any discounts granted by the Seller on the website https://komete-xr.com/.

These prices are firm and non-revisable during their period of validity, but the Seller reserves the right to modify the prices at any time outside the period of validity.

The prices do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on the site and calculated before the order is placed.

The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.

An invoice is drawn up by the Seller and given to the Customer upon delivery of the Products ordered.

ARTICLE 3 - PAYMENT CONDITIONS

The price is paid by secure payment, as follows:

  • Payment by credit card (Visa, Mastercard, AMEX, Bank Card)

  • Payment by PayPal

  • Payment by bank transfer to the Seller's bank account (the details of which are communicated to the Customer when the order is placed).

The price is payable in cash by the Customer, in full, on the day the order is placed.

Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider for banking transactions carried out on the https://komete-xr.com/ website.

Payments made by the Customer shall not be considered final until the Seller has actually received the amounts due.

The Seller shall not be obliged to deliver the Products ordered by the Customer if the Customer does not pay the price in full in accordance with the above conditions.

ARTICLE 4 - DELIVERIES

The Products ordered by the Customer will be delivered in Metropolitan France or in the following Zones:

All European Union countries.

Deliveries are made within 24 to 96 hours to the address indicated by the Customer when ordering on the site, unless otherwise indicated.

Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. Except in special cases or when one or more Products are unavailable, the Products ordered will be delivered at once.

The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the time limits specified above.

If the ordered Products were not delivered within a period of If the deadline is not respected, the Customer will be able to ask for the cancellation of his order after 1 month of deadline. After the indicative date of delivery, for any other cause than the force majeure or the fact of the Customer, the sale could be cancelled at the written request of the Customer under the conditions envisaged in the articles L 216-2, L 216-3 and L241-4 of the Code of the consumption. The sums paid by the Customer will then be restored to him at the latest in the fourteen days which follow the date of denunciation of the contract, with the exclusion of any compensation or retention.

Deliveries are made by an independent carrier to the address given by the Customer at the time of ordering and to which the carrier has easy access.

When the Customer has himself/herself called upon a carrier that he/she chooses, delivery is deemed to have taken place as soon as the Products ordered have been handed over by the Seller to the carrier, who has accepted them without reservations. The Customer therefore acknowledges that it is the carrier's responsibility to make the delivery and shall have no recourse against the Seller in the event of failure to deliver the goods transported.

In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the related costs shall be subject to specific additional invoicing, based on an estimate previously accepted in writing by the Customer.

The Customer is required to check the condition of the products delivered. He/she has a maximum of 3 days from the date of delivery to make any claims by email: after@komete-xr.com.

Mail: Entreprise KOMETE, 20 rue du Pont d'Olivet, 53200 Château-Gontier, accompanied by all the relevant documents (notably photos). After this period and if these formalities are not respected, the Products shall be deemed to be in conformity and free of any apparent defect and no claim may be validly accepted by the Seller.

The Seller shall reimburse or replace, as soon as possible and at its own expense, the Products delivered for which the Customer has duly proved the lack of conformity or the apparent or hidden defects, in accordance with the conditions set out in Articles L 217-4 et seq. of the French Consumer Code and those set out in these GTC.

The transfer of the risks of loss and deterioration relating thereto shall only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk, except when the Customer has chosen the carrier. In this respect, the risks are transferred at the time of delivery of the goods to the carrier.

ARTICLE 5 - RETENTION OF TITLE

Komete SARL holds the property of the goods sold until the total price, in principal and in accessories, has been paid. Therefore, if the buyer is subject to receivership or liquidation, Komete SARL is entitled to claim the unpaid sold goods through a collective procedure.

ARTICLE 6 - LATE PENALTIES

Failure to pay the delivered order in full or in part by the date of receipt shall result in a late payment penalty equivalent to three times the legal interest rate in force at the time of delivery of the goods.

Since 2015, the revision of the legal interest rate is carried out every 6 months (Ordinance n°2014-947 of 20 August 2014).

Applied without any prior notice of default, this penalty is calculated on the amount including VAT of the sum still due, as from the due date of the price.

In addition to the late payment penalty, the non-payment of any sum, including the deposit, on their due date will automatically result in the payment of a fixed indemnity of €40 by way of collection costs. (Articles 441-6, I paragraph 12 and D.441-5 of the Commercial Code).

If the buyer does not pay the outstanding sums within 15 days of the late payment penalty being applied, the sale will be automatically cancelled and Komete SARL may be entitled to claim damages.

ARTICLE 7 - FORCE MAJEURE

In the event of non-performance or delay in the performance of one of the obligations specified in these GTCs resulting from a case of force majeure, the responsibility of Komete SARL cannot be declared.

Force majeure is defined as any external, unforeseeable and irresistible event as specified in Article 1148 of the Civil Code.

ARTICLE 8 - COMPETENT COURT

The present General Terms and Conditions of Sale are governed by French law. In the event of a dispute and in the absence of an amicable resolution, the case will be brought before the Commercial Court of Laval, 12 All. de la Chartrie, 53004 Laval, France.