Effective date: 07/07/2024
1 - Purpose
The purpose of these general terms of use is to define the terms and conditions for using the services offered on the site, as well as the rights and obligations of the parties in this context.
In particular, they can be accessed and printed at any time via a direct link at the bottom of the site’s home page.
They may be supplemented, where applicable, by specific terms of use for certain Services. In the event of any contradiction, the specific terms shall prevail over these general terms.
On WWW.KINTHIA.COM (hereinafter the “Site”), KINTHIA provides a marketplace enabling adult buyers (hereinafter “Buyers”, “You” or “User”), after registering, to get in touch, through it, with Sellers who are professionals also registered on the Site (hereinafter “Sellers”), in order to purchase consultations offered remotely, including, without limitation: psychic readings, magnetism, astrology and numerology (hereinafter the “Services”).
To use the Service, the Buyer must agree to be bound by these Buyer General Terms of Use (hereinafter the “Buyer Terms of Use”) without restriction or reservation. This acceptance takes the form of a validation click when registering for the Service.
Sales made through the Service between Buyers and Sellers are governed by the General Terms and Conditions of Sale of the Service (hereinafter the “Terms of Sale”), which must also be accepted by the Buyer with each purchase; they supplement these Buyer Terms of Use.
2 - Operator of the Connection Services
The connection services are operated by GHECNT, a SAS (société par actions simplifiée) with share capital of 1000 euros, registered with the Trade and Companies Register (RCS) of the Pontoise Commercial Court under No. 930 237 623, whose registered office is located at 40 rue du Val de Glatigny, 95280 Jouy le Moutier (hereinafter: “KINTHIA”).
Kinthia can be contacted using the following contact details:
Mailing address: 40 rue du Val de Glatigny, 95280 Jouy le Moutier
Email address: [email protected]
3 - Access to the Site and the Services
The Services are available, subject to the restrictions set out on the site:
- to any natural person having full legal capacity to enter into commitments under these general terms. A natural person who does not have full legal capacity may only access the Site and the Services with the consent of their legal representative;
- to any legal entity acting through a natural person having the legal capacity to contract in the name and on behalf of the legal entity.
4 - Acceptance of the General Terms
Acceptance of these general terms is evidenced by a checkbox in the registration and/or contact form. This acceptance must be full and complete. Any acceptance subject to reservations shall be deemed null and void. A User who does not agree to be bound by these general terms must not use the Services.
5 - Registration on the Site
Use of the Services requires the User to register on the site by completing the form provided for this purpose. The User must provide all the information marked as mandatory. Any incomplete registration will not be validated.
Registration automatically results in the opening of an account in the User’s name (hereinafter: the “Account”), giving them access to a personal area (hereinafter: the “Personal Area”) that allows them to manage their use of the Services in a form and by the technical means that KINTHIA deems most appropriate for providing said Services.
The User warrants that all the information they provide in the registration form is accurate, up to date and truthful, and is not misleading in any way.
They undertake to update this information in their Personal Area in the event of any change, so that it always meets the aforementioned criteria.
The User is informed and agrees that the information entered for the purpose of creating or updating their Account shall serve as proof of their identity. The information entered by the User is binding on them as soon as it is validated.
The User may access their Personal Area at any time after logging in with their login ID and password.
The User undertakes to use the Services personally and not to allow any third party to use them in their place or on their behalf, unless they bear full responsibility for doing so.
They are likewise responsible for maintaining the confidentiality of their login ID and password. They must immediately contact KINTHIA using the contact details set out in Article 2 hereof if they notice that their Account has been used without their knowledge. They acknowledge KINTHIA’s right to take any appropriate measures in such a case.
6 - Description of the Services
The User has access to the Services described on the site, in a form and according to the features and technical means that KINTHIA deems most appropriate. The Services are provided exclusively remotely.
KINTHIA cannot be held liable for the Service provided by a Seller, except in the event of KINTHIA’s failure to fulfill one of its obligations. Subject to this reservation, KINTHIA assumes no liability for the quality of the Services offered by Sellers, the comments and ratings provided by Buyers, or the professional qualifications of Sellers.
The service provided by KINTHIA consists of a set of tools enabling Buyers to register on the Site, to get in touch with Sellers in order to place orders for Services, to pay the price of the Services, and to confirm that the Services have been performed. It also includes a rating system allowing the Buyer to assess the quality of their dealings with Sellers.
Transactions carried out via the Service for the purpose of purchasing the Services are concluded directly between the Buyer and the Seller. KINTHIA is in no way a reseller of the Services offered by Sellers through the Service.
In the event of non-compliance with these Buyer General Terms of Use, KINTHIA reserves the right to interrupt, temporarily or permanently, the access of the Buyer concerned to the Service.
Each Buyer undertakes to make purchases in good faith.
7 - Paid Services
The price of the Services is indicated on the site.
Unless otherwise stated, prices are expressed in euros and include all French taxes. The Seller reserves the right, at its sole discretion and under terms of which it shall be the sole judge, to offer promotional offers or price reductions.
The Services are invoiced, and the invoices are sent to the User by any appropriate means. The terms of payment of the price of the Services are described on the site.
Payment is collected by the payment service provider designated on the site, which alone retains the User’s bank details for this purpose. KINTHIA does not retain any bank details.
The User warrants to KINTHIA that they hold the authorizations required to use the chosen payment method. They undertake to take the necessary measures to ensure that the automatic debit of the price of the Services can be carried out.
8 - Paid Services
The User expressly acknowledges and agrees:
(i) that the data collected on the site and on KINTHIA’s computer equipment constitutes proof of the reality of the transactions carried out hereunder;
(ii) that this data constitutes the only means of proof accepted between the parties, in particular for calculating the amounts owed to KINTHIA.
The User can access this data in their Personal Area.
9 - Obligations of the User
Without prejudice to the other obligations set out herein, the User undertakes to comply with the following obligations:
In using the Services, the User undertakes to comply with the laws and regulations in force and not to infringe the rights of third parties or public order.
In particular, the User is solely responsible for properly completing all formalities, including administrative, tax and/or social security formalities, and for paying all contributions, taxes or duties of any kind incumbent upon them, where applicable, in connection with their use of the Services. KINTHIA cannot under any circumstances be held liable in this respect.
The User acknowledges having reviewed on the site the characteristics and constraints, in particular the technical ones, of all the Services. They are solely responsible for their use of the Services.
The User is informed and agrees that using the Services requires them to be connected to the internet and that the quality of the Services depends directly on this connection, for which they are solely responsible.
The User is also solely responsible for the relationships they may form with other Users and for the information they communicate to them in the context of the Services. It is their responsibility to exercise appropriate caution and judgment in these relationships and communications. In addition, in their exchanges with other Users, the User undertakes to observe the customary rules of politeness and courtesy.
The User undertakes to use the Services strictly for personal purposes. Accordingly, they shall not assign, grant or transfer all or part of their rights or obligations hereunder to a third party, in any manner whatsoever.
The User undertakes to provide KINTHIA and the Seller with all the information necessary for the proper performance of the Services, taking into account the specific nature of online psychic reading services. More generally, the User undertakes to cooperate actively with KINTHIA and the Seller with a view to the proper performance hereof.
The User is solely responsible for content of any kind (editorial, graphic, audiovisual or other, including the name and/or image the User may choose to identify themselves on the site) that they publish in the context of the Services (hereinafter referred to as the “Content”).
They warrant to KINTHIA that they hold all the rights and authorizations necessary to publish such Content.
They undertake to ensure that such Content is lawful, does not violate public order, public decency or the rights of third parties, does not infringe any legislative or regulatory provision and, more generally, is in no way likely to give rise to civil or criminal liability on the part of KINTHIA.
Accordingly, the User shall not publish, in particular and without this list being exhaustive:
- pornographic, obscene, indecent or shocking Content, or Content unsuitable for a family audience, or defamatory, insulting, violent, racist, xenophobic or revisionist Content,
- infringing Content,
- Content that harms the image of a third party,
- false or misleading Content, or Content offering or promoting illegal, fraudulent or deceptive activities,
- Content harmful to the computer systems of third parties (such as viruses, worms, Trojan horses, etc.),
- and more generally, Content likely to infringe the rights of third parties or to be detrimental to third parties, in any manner and in any form whatsoever.
The User acknowledges that the Services offer them an additional solution, but not an alternative, to the means they already use elsewhere to achieve the same objective, and that this solution cannot replace those other means.
The User must take the necessary measures to back up, by their own means, the information they deem necessary, as no copy will be provided to them.
The User is informed and agrees that using the Services requires them to be connected to the internet and that the quality of the Services depends directly on this connection, for which they are solely responsible.
10 - User’s Warranty
The User shall indemnify and hold KINTHIA harmless against any complaints, claims, actions and/or demands whatsoever that KINTHIA may face as a result of the User’s breach of any of their obligations or warranties under these general terms.
They undertake to compensate KINTHIA for any loss it may suffer and to pay it all costs, charges and/or judgments that it may have to bear as a result.
11 - Prohibited Conduct
It is strictly prohibited to use the Services for the following purposes:
- carrying out illegal or fraudulent activities, or activities that infringe the rights or security of third parties,
- violating public order or the laws and regulations in force,
- intruding into a third party’s computer system or any activity likely to harm,
control, interfere with or intercept all or part of a third party’s computer system, or to violate its integrity or security,
- sending unsolicited emails and/or commercial prospecting or solicitation,
- manipulation intended to improve the search engine ranking of a third-party site,
- assisting or inciting, in any form and in any manner whatsoever, one or more of the acts and activities described above,
- and more generally any practice that diverts the Services to purposes other than those for which they were designed.
Users are strictly prohibited from copying and/or misappropriating, for their own purposes or those of third parties, the concept, technologies or any other element of KINTHIA’s site.
The following are also strictly prohibited: (i) any conduct likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusion or attempted intrusion into KINTHIA’s systems, (iii) any misappropriation of the site’s system resources, (iv) any action likely to place a disproportionate load on its infrastructure, (v) any breach of security and authentication measures, (vi) any act likely to infringe the financial, commercial or moral rights and interests of KINTHIA or of the users of its site, and finally, more generally, (vii) any breach of these general terms.
It is strictly prohibited to monetize, sell or grant all or part of the access to the Services or to the site, or to the information hosted and/or shared on it.
12 - Sanctions for Breaches
In the event of a breach of any of the provisions of these general terms or, more generally, of any violation of the laws and regulations in force by a User, KINTHIA reserves the right to take any appropriate measure, and in particular to:
(i) suspend or terminate the access to the Services of the User who committed or participated in the breach or violation,
(ii) delete any content posted on the site,
(iii) publish on the site any informational message that KINTHIA deems useful,
(iv) notify any relevant authority,
(v) bring any legal action.
13 - Liability and Warranty of Kinthia
KINTHIA undertakes to provide the connection services with diligence and in accordance with professional standards, it being specified that it is bound by an obligation of means (best-efforts obligation), to the exclusion of any obligation of result, which the Users expressly acknowledge and accept.
KINTHIA has no knowledge of the Content posted by Users in the context of the Services, on which it carries out no moderation, selection, verification or control of any kind and with respect to which it acts solely as a hosting provider.
Accordingly, KINTHIA cannot be held liable for the Content, the authors of which are third parties, and any claim must first be directed to the author of the Content in question.
Content that is harmful to a third party may be notified to KINTHIA in accordance with the procedure provided for in Article 6 I 5 of French Law No. 2004-575 of June 21, 2004 on confidence in the digital economy (loi pour la confiance dans l'économie numérique), KINTHIA reserving the right to take the measures described in Article 12.
KINTHIA disclaims all liability in the event of any loss of the User’s information, as the User must keep a backup copy of it and cannot claim any compensation in this respect.
KINTHIA undertakes to carry out regular checks to verify the operation and accessibility of the site. In this respect, KINTHIA reserves the right to temporarily interrupt access to the site for maintenance purposes. Likewise, KINTHIA cannot be held liable for temporary difficulties or inability to access the site resulting from circumstances beyond its control or from force majeure, or caused by disruptions of telecommunications networks.
KINTHIA does not warrant to Users (i) that the Services, which are subject to constant research aimed in particular at improving their performance and progress, will be completely free of errors, flaws or defects, or (ii) that the Services, being standard and in no way offered solely for a given User according to their own personal constraints, will specifically meet their needs and expectations.
In any event, any liability that KINTHIA may incur hereunder is expressly limited to proven direct damages suffered by the User.
Finally, KINTHIA disclaims all liability with regard to the sales concluded by Buyers with Sellers through its Service, to which it is not a party. Any complaint relating to the comments appearing in the description of the Services or to the delivery of the Services will be redirected to the designated Seller, who shall bear full and sole responsibility in this respect.
The Buyer is solely responsible for their use of the Service, in particular for the reviews they post on the Site, and undertakes, upon first demand, to indemnify and compensate KINTHIA for any damage, loss or loss of profit that KINTHIA may suffer if it were held liable by a third party as a result of an action related to such use of the Service by the Buyer.
14 - Intellectual Property
The systems, software, structures, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, trademarks, database, etc.) used by KINTHIA on the site are protected by all applicable intellectual property rights or database producers’ rights. Any disassembly, decompilation, decryption, extraction, reuse, copying and, more generally, any act of reproduction, representation, distribution and use of any of these elements, in whole or in part, without KINTHIA’s authorization is strictly prohibited and may give rise to legal proceedings.
15 - Personal Data
KINTHIA applies a personal data protection policy, the characteristics of which are set out in the document entitled “Privacy Policy”, which the User is expressly invited to read on the site.
16 - Advertising
KINTHIA reserves the right to insert, on any page of the site and in any communication to Users, any advertising or promotional messages in a form and under conditions of which KINTHIA shall be the sole judge.
17 - Third-Party Links and Sites
KINTHIA cannot under any circumstances be held liable for the technical availability of websites or mobile applications operated by third parties (including its potential partners) that the User may access through the site.
KINTHIA accepts no liability for the content, advertising, Services and/or services available on such third-party sites and mobile applications, which, it is recalled, are governed by their own terms of use.
Nor is KINTHIA responsible for transactions between the User and any advertiser, professional or merchant (including its potential partners) to which the User may be directed through the site, and it cannot under any circumstances be a party to any disputes whatsoever with such third parties concerning, in particular, the delivery of Services and/or services, the warranties, representations and any other obligations by which such third parties are bound.
18 - Term of the Services, Deregistration
The services are subscribed for an indefinite term.
The User may deregister from the services at any time by sending a request to that effect to KINTHIA by email, using the contact details set out in Article 2.
Deregistration takes effect immediately. It automatically results in the deletion of the User’s Account.
19 - Amendments
KINTHIA reserves the right to amend these general terms at any time.
The User will be informed of these amendments by any appropriate means.A User who does not accept the amended general terms must deregister from the Services in accordance with the procedure set out in Article 18.
Any User who uses the Services after the amended general terms come into force is deemed to have accepted these amendments.
20 - Languages
In the event that these general terms are translated into one or more languages, French shall be the language of interpretation in the event of any contradiction or dispute as to the meaning of a term or provision.
21 - Governing Law and Jurisdiction
These general terms are governed by French law. In accordance with the provisions of the French Consumer Code (Code de la consommation) concerning the amicable settlement of disputes, KINTHIA is a member of the CM2C mediation service (Service du Médiateur CM2C).
In the event of a dispute, you may file your complaint on its website: https://www.cm2c.net/ or by mail by writing to 49 Rue de Ponthieu, 75008 Paris.
You may use the mediation service for consumer disputes relating to an order placed online.
Finally, it is noted that mediation is not mandatory but is offered solely to resolve disputes without recourse to the courts. If this mediation procedure fails or if the Buyer wishes to bring the matter before a court, the rules of the French Code of Civil Procedure (Code de procédure civile) shall apply.
The Buyer may also contact the online dispute resolution platform set up by the European Commission at the following address: http://ec.europa.eu/consumers/odr/.
22 - Entry into Force
These general terms came into force on 07/07/2024.
Terms of Sale
www.kinthia.com
Effective date: 07/07/2024
1 - Purpose
These General Terms of Sale (hereinafter the "Terms of Sale") apply in addition to the Buyer Terms of Use, with respect to Buyers, and to the Seller Terms of Use, with respect to Sellers, in which the capitalized terms used in these Terms of Sale are defined.
The Terms of Sale apply to all sales of consultations offered remotely, including without limitation: psychic readings, magnetic healing, astrology and numerology (the "Services"), carried out through the Site between the Seller and the Buyer. They are intended to govern the relationships between Sellers and Buyers of Services, to the exclusion of those formed between Buyers and KINTHIA or between Sellers and KINTHIA.
The relationships between Buyers and KINTHIA are governed by the Buyer Terms of Use. The relationships between Sellers and KINTHIA are governed by the Seller Terms of Use.
KINTHIA is not the Seller of the Services purchased through the Service; only the Seller, whose name is indicated on the description page of each Service, is the Buyer's indirect contracting party for the purchase of said Services.
They can be accessed and printed at any time through a direct link at the bottom of the Site's pages. The fact that KINTHIA does not, at any given time, invoke any of the general terms of sale may not be interpreted as a waiver of its right to invoke any of said terms at a later date.
The invalidity of a contractual clause does not entail the invalidity of the general terms of sale. The temporary or permanent non-application by KINTHIA of one or more clauses of the general terms of sale shall not constitute a waiver on its part of the other clauses of the general terms of sale, which remain in full force and effect.
As a matter of principle, the Site is accessible to all Internet users 24 hours a day, 7 days a week, except in the event of an interruption, whether scheduled or not, by KINTHIA or its service providers, for maintenance and/or security purposes, in the event of force majeure, or for updates to the Site. KINTHIA shall not be held liable for any damage of any kind whatsoever resulting from the unavailability of the Site.
KINTHIA does not warrant that the Site will be free of anomalies, errors or bugs, nor that the Site will operate without failure or interruption. In this respect, it may freely and at its sole discretion determine any period during which the Site or its content is unavailable. Nor may KINTHIA be held liable for data transmission or connection problems or for network unavailability.
2 - Identity of Kinthia and contact
The Site is operated by GHECNT, SAS, registered with the RCS (Trade and Companies Register) of Pontoise under no. 930 237 623, whose registered office is located at 40 rue du Val de Glatigny, 95280 Jouy le Moutier, which offers the Services for sale.
KINTHIA can be contacted at the following contact details, in particular for any complaint:
Postal address: 40 rue du Val de Glatigny, 95280 Jouy le Moutier
Phone: 07 83 89 17 45
Email address: [email protected]
3 - Legal capacity and acceptance of the general terms
1. Legal capacity
The Site is accessible:
- To any natural person with full legal capacity to commit under these general terms. A natural person who does not have full legal capacity may access the Site only with the consent of his or her legal representative.
- To any legal entity acting through a natural person with the legal capacity to enter into contracts in the name and on behalf of the legal entity.
2. Acceptance of the general terms
Acceptance of these general terms is evidenced by a checkbox in the order form. Such acceptance can only be full and complete. Any acceptance with reservations shall be deemed null and void.
4 - Formation of the sales contract between the buyer and the seller
1) The Services are presented on the Site with a description enabling the Buyer to know their essential characteristics, their price and the time frame for performance of the Services.
2) The Buyer selects the Service or Services he or she wishes to purchase.
3) The Buyer confirms his or her choice, and reads and accepts these Terms of Sale when validating the order.
4) The Buyer receives an email confirming that the order has been recorded.
5) The Seller is informed by KINTHIA that one or more of the Services the Seller has put online have been ordered.
6) The Seller undertakes to confirm the Buyer's order(s) within 2 business days following receipt of the information referred to in item 5).
If the order is not confirmed within the time limit referred to in item 6), the contract entered into between the Buyer and the Seller is automatically canceled and each of the parties is released from its obligations. In particular, the Buyer is assured of being refunded the amounts paid.
The Seller's offers of Services are valid as long as they are visible on the Site. Generally, in the event of exceptional unavailability after the Buyer has placed the order, the Seller will inform the Buyer, the order will be automatically canceled and the Buyer will be refunded the amounts paid.
7) Once the order has been confirmed by the Seller, an email is sent to the Buyer to confirm and summarize the order, the Seller thereby makes a firm commitment to deliver the Services within the stated time frame, and the Buyer's bank account is debited for the amount of the order.
5 - Order
To place an order, the Buyer must select the Service of his or her choice and add it to the cart.
The Buyer can access the summary of the cart at any time as long as the order has not been finally validated, and can correct any errors in the information entered.
The order is deemed received by KINTHIA when it is finally validated by the Buyer.
KINTHIA recommends that the Buyer keep the information contained in the order confirmation.
The Services are performed remotely (phone, video, chat, email) in accordance with the information stated on the Site.
Each Service is unique, and the Seller is sometimes unable to answer you, in which case the Seller will inform you with full transparency. We then recommend that you turn to another expert or come back a little later.
The credits/minutes acquired when purchasing a package and credited to the Buyer's account are valid for five (5) years. At the end of this period, any unused credits will automatically be reset to zero.
6 - Price and payment terms
1. Price
The sale prices of the Services are displayed on the Site.
They are stated in euros, all taxes included (French VAT and other applicable taxes).
The Seller reserves the right, at its sole discretion and under terms of which it shall be the sole judge, to offer promotional offers or price reductions.
The applicable price in euros is the price displayed on the Site at the time the Buyer's order is recorded.
2. Payment terms
The full price of the Services is payable upon ordering.
The Buyer warrants to the Seller that he or she holds the authorizations necessary to use the chosen payment method.
The Seller reserves the right to suspend or cancel any order and/or delivery in the event of non-payment of any amount owed by the Buyer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site.
7 - Performance
The Buyer undertakes to provide the Seller with all the information necessary for the performance of the Services.
8 - Right of withdrawal
The right of withdrawal shall be exercised in accordance with the terms set out in the French Consumer Code.
All Services may be subject to withdrawal, except those excluded by Article L. 221-28 of the French Consumer Code, reproduced below:
The right of withdrawal may not be exercised for contracts:
1° For the supply of services fully performed before the end of the withdrawal period and whose performance began after the consumer's prior express consent and express waiver of his or her right of withdrawal;
2° For the supply of goods or services whose price depends on fluctuations in the financial market beyond the professional's control and likely to occur during the withdrawal period;
3° For the supply of goods made to the consumer's specifications or clearly personalized;
4° For the supply of goods likely to deteriorate or expire rapidly;
5° For the supply of goods that have been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection;
6° For the supply of goods that, after delivery and by their nature, are inseparably mixed with other items;
7° For the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on market fluctuations beyond the professional's control;
8° For maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by the consumer, limited to the spare parts and work strictly necessary to respond to the emergency;
9° For the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
10° For the supply of a newspaper, periodical or magazine, except for subscription contracts for such publications;
11° Concluded at a public auction;
12° For the provision of accommodation services, other than residential accommodation, goods transport services, car rental, catering or leisure activities that must be provided on a specific date or during a specific period;
13° For the supply of digital content not supplied on a tangible medium whose performance has begun after the consumer's prior express consent and express waiver of his or her right of withdrawal.
Apart from these situations, the Buyer has a period of 14 (fourteen) business days from the date of ordering the Services to withdraw, without having to give any reason or pay any penalty.
A Buyer who wishes to exercise the right of withdrawal must send the Seller, before the expiry of the above period, the withdrawal form annexed to these general terms, duly completed, or a statement clearly expressing his or her decision to withdraw and including the order number.
The Buyer will be refunded all amounts paid for the order as soon as possible and no later than 14 (fourteen) days from the date on which the Seller actually receives the withdrawal request.
9 - Legal warranties
The Seller nevertheless reminds the Buyer that the Buyer benefits from the legal warranties of conformity and against hidden defects in the item sold, including any lack of conformity resulting from the Services ordered on the Site.
The legal texts relating to the legal warranties are reproduced in Annex 1 hereto.
10 - Obligations of buyers
Buyers are solely responsible for their choice and use of the Services. It is their responsibility to verify that the Services are suited to their specific needs and constraints before purchasing said Services.
They must also take the necessary measures to back up, by their own means, any information in their Personal Space that they deem necessary, as no copy of it will be provided to them.
11 - Liability of Kinthia
Kinthia undertakes to carry out regular checks to verify the operation and accessibility of the Site. In this respect, Kinthia reserves the right to temporarily interrupt access to the Site for maintenance reasons. Likewise, Kinthia shall not be held liable for temporary difficulties in accessing, or temporary impossibility of accessing, the Site that originate from circumstances beyond its control or from force majeure, or that are due to disruptions of telecommunication networks.
2. Kinthia gives the Buyer no warranty as to the suitability of the Services for the Buyer's needs, expectations or constraints.
3. Kinthia's liability is excluded in the event of any direct or indirect damage to property or persons, suffered by the Buyer or a third party, and resulting from the following cases:
4. Negligence or fault committed by the Buyer or a third party; Any use under conditions manifestly not compliant with the use of the Services.
5. Kinthia shall not be held liable for the non-performance or delayed performance of sales contracts due to circumstances beyond its control or to a case of force majeure, it being expressly specified that the following are considered cases of force majeure, in addition to those usually recognized by the case law of the French courts: exceptional bad weather, natural disasters, fires and floods, lightning, terrorist attacks, breakdowns or blockages of telecommunication networks, means of transport or postal services, including as a result of strikes, damage caused by viruses that the security tools available on the market are unable to eradicate, as well as any legal or regulatory obligation or public policy requirement imposed by the competent authorities that would have the effect of substantially modifying these general terms.
6. In any event, any liability that Kinthia may incur hereunder is expressly limited solely to proven direct damage suffered by Buyers.
12 - Intellectual property
The systems, software, structures, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, trademarks, database, etc.) used by Kinthia on the Site are protected by all applicable intellectual property rights or database producers' rights. Any disassembly, decompilation, decryption, extraction, reuse or copying and, more generally, any act of reproduction, representation, distribution or use of any of these elements, in whole or in part, without Kinthia's authorization is strictly prohibited and may give rise to legal proceedings.
13 - Personal data, newsletter and telephone solicitation opt-out list
1. Personal data
Kinthia applies a personal data protection policy, the characteristics of which are set out in the document entitled "Privacy Policy", which the Buyer is expressly invited to read.
Kinthia understands that data protection and privacy are an issue for all Internet users visiting the Site. In accordance with the GDPR, Kinthia undertakes to respect your privacy and to protect your personal data, that is, data likely to identify you directly or indirectly as a person.
In connection with the Order, Kinthia is required to collect personal data from the Buyer. Kinthia undertakes to protect the Buyers' personal data.
The files containing the personal data necessary for the Order are stored in particular on the servers of the Site's host. This service provider states that it complies with the requirements of the General Data Protection Regulation (GDPR). Kinthia does not disclose or trade in the Buyers' personal data.
When placing the Order on the Site, the Buyer expressly consents to the collection and processing of his or her personal data necessary to carry out the Orders.
The purpose of the personal data collected by Kinthia is to enable the Order to be carried out. The various personal data will not be kept longer than necessary for the purposes for which they were collected, including with regard to compliance with legal or tax obligations.
In accordance with the provisions of Law No. 78-17 of January 6, 1978, as amended by Law No. 2004-801 of August 6, 2004, known as the "Informatique et Libertés" (Data Protection) Act, and with the General Data Protection Regulation (GDPR), subject to proof of your identity, any Buyer, whatever his or her nationality, has a right to access, modify and delete his or her personal data. Each Buyer is also entitled to request a restriction of the processing of his or her data and, in addition, has a right to data portability as well as a right to object to the processing of personal data concerning him or her.
In any event, any Buyer has the right to lodge a complaint with the CNIL (French data protection authority).
2. Newsletter
By checking the box provided for this purpose or by expressly giving consent to this effect, the Buyer agrees that Kinthia may send him or her, at a frequency and in a form determined by Kinthia, a newsletter that may contain information relating to its business. When the Buyer checks the box provided for this purpose during the registration process on the Site in order to place the Order, the Buyer agrees to receive commercial offers from Kinthia for Services similar to those ordered.
Buyers may unsubscribe from the newsletter by clicking on the link provided for this purpose in each newsletter.
3. Telephone solicitation opt-out list
You may register free of charge on the BLOCTEL telephone solicitation opt-out list (www.bloctel.gouv.fr) so that you are no longer solicited by telephone by a professional with whom you have no current contractual relationship, in accordance with Law No. 2014-344 of March 17, 2014 on consumer affairs.
Any consumer may register free of charge on this list on the website https://conso.bloctel.fr/index.php/inscription.php.
14 - Advertising
Kinthia reserves the right to insert on any page of the Site and in any communication to Buyers any advertising or promotional messages in a form and under conditions of which Kinthia shall be the sole judge.
15 - Links and third-party sites
Kinthia shall in no event be held liable for the technical availability of websites or mobile applications operated by third parties (including its potential partners) that the Buyer may access through the Site.
Kinthia assumes no liability for the content, advertising, Services and/or services available on such third-party websites and mobile applications, which, it is recalled, are governed by their own terms of use.
Nor is Kinthia liable for transactions between the Buyer and any advertiser, professional or merchant (including its potential partners) to which the Buyer may be directed through the Site, and Kinthia shall in no event be a party to any dispute whatsoever with such third parties concerning, in particular, the delivery of Services and/or services, warranties, representations and any other obligations by which such third parties are bound.
16 - Prohibited conduct
1. The following are strictly prohibited: (i) any conduct likely to interrupt, suspend, slow down or prevent the proper functioning of the Site, (ii) any intrusion or attempted intrusion into Kinthia's systems, (iii) any misappropriation of the Site's system resources, (iv) any action likely to place a disproportionate load on its infrastructure, (v) any breach of security and authentication measures, (vi) any act likely to harm the financial, commercial or moral rights and interests of Kinthia or of the users of its Site, (vii) any practice diverting the Site for purposes other than those for which it was designed and finally, more generally, (viii) any breach of these general terms or of the laws and regulations in force.
2. It is likewise strictly prohibited to monetize, sell or license all or part of the access to the Site, as well as to the information it contains.
3. In the event of a breach of any of the provisions of this article or, more generally, of any violation of laws and regulations, Kinthia reserves the right to take any appropriate measures and to bring any legal action.
17 - Deregistration
The Buyer may deregister from the Site at any time by sending a request to that effect to Kinthia by email, using the contact details mentioned in Article 2.
Deregistration takes effect within a maximum of 7 (seven) days from such request. It results in the automatic deletion of the Buyer's Account.
18 - Amendments
Kinthia reserves the right to amend these general terms of sale at any time. In such case, the applicable terms will be those in force on the date of the Buyer's order.
19 - Language
In the event that these general terms are translated into one or more languages, the language of interpretation shall be French in the event of any contradiction or dispute as to the meaning of a term or provision.
20 - Mediation
It is also recalled that any consumer has the right to have recourse, free of charge, to a consumer mediator with a view to the amicable resolution of a dispute with a professional. To this end, Kinthia guarantees the Buyer effective recourse to a consumer mediation scheme.
Consumer dispute mediation: In accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, Kinthia is a member of the CM2C Mediator Service.
In the event of a dispute, you may file your complaint on its website: https://www.cm2c.net/ or by post by writing to 49 Rue de Ponthieu, 75008 Paris. You may use the mediation service for consumer disputes relating to an order placed online.
Finally, it is recalled that mediation is not mandatory but is only offered in order to resolve disputes while avoiding legal action. If this mediation procedure fails or if the Buyer wishes to bring the matter before a court, the rules of the French Code of Civil Procedure will apply.
The Buyer may also contact the dispute resolution platform set up online by the European Commission at the following address: http://ec.europa.eu/consumers/odr/.
21 - Governing law
These general terms are governed by French law.
Annex 1 - Legal texts relating to warranties
Article L. 217-4 of the French Consumer Code
The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made the seller's responsibility under the contract or was carried out under the seller's responsibility.
Article L. 217-5 of the French Consumer Code
The goods conform to the contract:
If they are fit for the use usually expected of similar goods and, where applicable:
- if they correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
- if they have the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by its representative, in particular in advertising or labeling;
Or if they have the characteristics defined by mutual agreement between the parties or are fit for any special purpose sought by the buyer, brought to the seller's attention and accepted by the seller.
Article L. 217-7 of the French Consumer Code
Any lack of conformity that appears within twenty-four months of delivery of the goods is presumed to have existed at the time of delivery, unless proven otherwise. For second-hand goods, this period is set at six months. The seller may rebut this presumption if it is incompatible with the nature of the goods or the lack of conformity invoked.
Article L. 217-8 of the French Consumer Code
The buyer is entitled to demand that the goods conform to the contract. However, the buyer may not contest their conformity by invoking a defect of which he or she was aware or could not have been unaware when entering into the contract. The same applies when the defect originates in materials that the buyer supplied.
Article L. 217-9 of the French Consumer Code
In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may decline to proceed according to the buyer's choice if that choice entails a manifestly disproportionate cost compared with the other option, taking into account the value of the goods or the significance of the defect. The seller is then required to proceed, unless this is impossible, according to the option not chosen by the buyer.
Article L. 217-10 of the French Consumer Code
If repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded, or keep the goods and have part of the price refunded. The same option is available to the buyer: 1° If the solution requested, proposed or agreed in application of Article L. 217-9 cannot be implemented within one month following the buyer's complaint; 2° Or if this solution cannot be implemented without major inconvenience for the buyer, taking into account the nature of the goods and the use the buyer intends for them. However, the sale may not be rescinded if the lack of conformity is minor.
Article L. 217-11 of the French Consumer Code
The provisions of Articles L. 217-9 and L. 217-10 apply at no cost whatsoever to the buyer. These same provisions do not preclude the award of damages.
Article L. 217-12 of the French Consumer Code
Any action resulting from a lack of conformity is time-barred two years after delivery of the goods.
Article L. 217-16 of the French Consumer Code
When the buyer asks the seller, during the term of the commercial warranty granted to the buyer upon the purchase or repair of movable property, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining term of the warranty. This period runs from the buyer's request for intervention or from the date on which the goods in question are made available for repair, if they are made available after the request for intervention.
Article 1641 of the French Civil Code
The seller is bound by the warranty against hidden defects in the item sold that render it unfit for its intended use, or that so diminish that use that the buyer would not have acquired it, or would have paid a lower price for it, had the buyer known of them.
Article 1643 of the French Civil Code
The seller is liable for hidden defects even if unaware of them, unless, in that case, the seller has stipulated that he or she will not be bound by any warranty.
Article 1644 of the French Civil Code
In the cases of Articles 1641 and 1643, the buyer may choose to return the item and have the price refunded, or to keep the item and have part of the price refunded.
Article 1648, paragraph 1, of the French Civil Code
An action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
Annex 2 - Withdrawal form
WITHDRAWAL FORM
Returns Department
I hereby give notice of my withdrawal from the contract relating to:
Ordered on:
Order number:
Customer name:
Customer address:
Customer signature:
Date