1. Introduction
    The conditions presented here concern only products on this website: www.E-DKADO-PRO.fr. All orders imply the buyer’s acceptation of the terms and conditions, except when seller signed a contradictory convention. Therefore, any contradictory clause or condition that may appear on the orders of the buyer or his representative is null and void, and it cannot be opposed to the seller if it is not formally accepted by fax or email acknowledgement.
  2. Transfer of Ownership
    Pursuant to Law 80-335 of May 12th 1980, the buyer will be the owner of the property only after full payments of the amounts due. However, this provision does not preclude the transfer of risks to customer of loss and deterioration of the sold goods once the goods are dispatched. Furthermore, it is specified that in case of non-payment of full price, the prepayment will be considered as penalty, and it will remain the property of the seller without further formalities. The buyer is authorized on the context of normal exploitation of his establishment to resell the delivered merchandise. On the contrary, in the case of legal recovery or liquidation judgement, the resell authorization is immediately withdrawn. Thus, the buyer, the creditor’s representative or the authorized liquidator cannot transfer the ownership of the merchandise without agreement of the seller. Likewise, in the case of a seizure, the buyer, the creditor’s representative or the authorized liquidator has to inform the seller immediately.
  3. Order
    1. All orders must be confirmed by writing, either by mail or fax. This confirmation can be: - An order confirmation including the customer’s information, the buyer’s signature, and buyer’s company stamp, as well as the characteristics of the offer, especially the reference of the article ordered, the quantity demanded, the price offered by E-DKADO, if necessary, the quotation reference sent by E-DKADO. - A quotation without modification, sent by E-DKADO, including the date and the signature or stamp of the buyer. Except as limited under these conditions of sale, any order placed by the buyer and accepted by E-DKADO is considered as firm and definitive, and it cannot be retracted.
    2. L ’acceptance of customer’s order by E-DKADO is subordinated to the entire General Conditions of Sale. By placing an order with E-DKADO, the client declares accepting the General Conditions of Sale and drops all its own conditions or other provision that might alter the General Condition of Sale.
  4. Delivery
    1. Delivery deadlines are only of an indicative nature, and are quoted from the date of confirmation of the order or if applicable the concerned artwork. The delivery time indicated by E-DKADO imply that the customer has provided all the elements necessary for the marking of objects prior to his order. These elements should be exploitable without modification. Otherwise, E-DKADO reserves the right to change the delivery date accordingly. Delays in delivery cannot justify cancellation of the order, refusal of goods or payment of damages. The merchandise is delivered to the address indicated in the order according to the delivery method chosen by E-DKADO.
    2. In the case of damage, loss or delays, it is customers’ duty to contact the transporter and make the necessary claims. When there is force majeure, the buyer cannot either require E-DKADO to deliver the order on the due date, or ask for any compensation.
  5. Samples
    It is possible to send sample to customers upon their request and product availability. The dummy samples are free of charge. Samples delivered are considered only as examples, they are not contractual. E-DKADO reserves the right to refuse sending a free sample.
  6. Prototype
    As part of a project, a prototype (personalized and functional product) can be produced. A fixed price of 150 euros is charged for producing a prototype. It enables customers to validate the production of their whole project from a real product.
  7. Price and payment
    1. Unless otherwise noted, the prices are indicated in euros, before tax. Shipping or preparation costs are charged in addition to the price of the products. The price applicable is the one applied on the date of registering the order in E-DKADO. The minimum amount of an order is fixed at 400 euros before tax. The prices proposed by E-DKADO and the general terms and conditions of sale may be modified without prior notice on the date of delivery in the case of changes in the legal, economic or industrial environment, particularly when there are changes in legislation, currency fluctuation, changes in raw materials costs, labor costs, or shipping cost. E-DKADO endeavors to offer only quality products. Therefore, it reserves the right to delete one article or suspend the delivery if its quality control department determined that the requirements are not met. These modifications, suspensions or cancellations are carried out in order to better serve the customers. They cannot give rise to claims of compensations of any kind.
    2. The means of settlement proposed by E-DKADO are: bank card, transfer, check, money order or draft.
    3. If deferred payment is accepted, extra administration fees may be charged.
    4. Any recovery procedure by contentious way entails in, at the expense of the buyer, a compensation, fixed as a penal clause, to 15% of the unpaid invoice, with a minimum of 50€, without any prejudice of applications might be submit under Article 700 of the N.C.P.C.
  8. Guarantee
    1. The goods sold are warranted against all defects in materials, workmanship, or design under the following conditions. The defects must appear within 2 years from the delivery date defined in the order. The flash memories are guaranteed for life with standard exchange. The warranty is excluded: if the material or the design defects come from the buyer, if the malfunctioning is caused by the intervention without authorization, if the operation results from normal wear and tear or buyers’ ignorance or their inadequate maintenance, if the malfunctioning is due to force majeure.
    2. E-DKADO does not guarantee the batteries and other accessories allowing the functioning of electronic products. Execution of the guarantee: under the guarantee, the seller replaces, for free, the defective items through their technical services. This guarantee does not cover the labor costs or the following operations: disassembling, reassembling and transport to site.
    3. E-DKADO does not guarantee the operation of applications and software integrated (AUTORUN, FAVICON, DRIVE NAME and EMBEDDED SOFTWARE) on APPLE devices (MAC).
    4. Limitation of liability: By express agreement between the parties, the liability of seller resulting from operation defects is limited by previous provisions, especially with regard to hidden flaws and intangible damages.
    5. The USB stick’s real capacity of storage space is less than the theoretical one announced in the label. In fact, a part of the storage is used by the USB controller, an indispensable component which allows the interaction between the USB key and the computer.
      1. The real storage capacity of 2Go USB drive is around 1905Mo (1.86GB)
      2. The real storage capacity of 4Go USB drive is around 3809Mo (3.72GB)
      3. The real storage capacity of 8Go USB drive is around 7619Mo (7.21GB)
      4. The real storage capacity of 16Go USB drive is around 15237Mo (14.88GB)
      5. The real storage capacity of 32Go USB drive is around 30474Mo (29.76GB)
      6. The real storage capacity of 64Go USB drive is around 60948Mo (59.52GB)
      7. The real capacity varies from one brand to other (TOSHIBA, SAMSUNG, HYNIX, INTEL, MICRON)
  9. Cancellation of Order
    In the case of cancellation or even partial cancellation of the order on certain date and for any reason whatsoever, the price is due in full.
  10. Merchandise Return
    1. A merchandise return request can be taken into account only if it has been accepted in advance by the project advisor within 7 days after the reception of the goods.
    2. No return postage du will be accepted.
  11. Disputes
    If your order contains defect items with or without marking, please inform us by registered letter to the following address within 7 days from the reception: E-DKADO, 445 Rue Lavoisier 38330 MONTBONNOT. After verification by our technical department, if the concerned product has not been deliberately damaged, we will proceed with the exchange.
    1. In the case of delivery errors, a correction procedure will be initiated after checking with our carrier.
    2. If the goods are damaged during transport, E-DKADO is released from any responsibility. The client has to initiate a procedure with the carrier concerned.
    3. In case of missing items, we will arrange a complementary delivery after verification.
    4. The reimbursement of a non-conforming order can be requested after goods return.
    5. If the return is proved to be unjustified, no reimbursement will be made and a litigation procedure will be initiated.
  12. Quantitative and Qualitative Franchise
    Considering the inherent technical specificities for certain categories of ordered goods, it is recognized that each order may make a margin of quantitative error around 5% and a margin of qualitative failure of 5 %. Within this margin, they buyer can neither make a claim, nor obtain a reduction in bill, nor claim any kind of compensation. However, when the order overpasses this tolerance rate of 5 %, the seller should commit within possibilities: either to bring the order into conformity promptly, either to reimburse immediately the amount of the order which is over the conformity tolerance rate. The flash memories are subject to a tolerance rate of around 10 % of their storage capacity. The playback speed is between 5 and 20 Mo / s and the writing speed is between 4 and 10 Mo / s.
  13. Force Majeure
    The sales contract can be challenged if it is justified that the seller fails to deliver the goods due to force majeure or unplanned delays in the delivery of its raw materials or defective deliveries by one of the suppliers. In this case, the buyer can require from the seller neither the delivery of the order on the due date nor compensation of any kind. Events considered as force majeure include: fire, flood, earthquake, climate related incidents or any other accident causing the complete or partial destruction of the company, its stocks or supplies, or the halting of its exploitation; the strike and lockout, without any need to find out who, employers or workers, initiated the movement; the lack of driving force or raw materials resulting from a general cause, such as stoppage of transport, any damage during sea or air transport, any transport delay due to unfavorable or impassable weather conditions, the interruption of the electric current, the break of engines; any other cause suspending the work on the chain of realization of the order, wherever it interferes and without the will of the seller.
  14. Intellectual Properties
    All the texts, comments, articles, illustrations and images reproduced on the E-DKADO.FR website are controlled by copyright and intellectual property for the whole world. In accordance with the provisions of the code of intellectual property, only the use for a private use is authorized. Other use is counterfeit and is sanctioned by way of intellectual property in the absence of the prior authorization of E-DKADO.FR.
  15. Responsibility
    1. The products offered are strictly in compliance with the French legislation. The photographs, the texts, the graphics, information and characteristics reproduced and illustrating the products presented are not contractual. Therefore the responsibility of E-DKADO could not be committed in the event of error or omissions in one of the photographs, texts, graphics, or characteristics of their products or in case of a modification of product characteristics done by the suppliers.
    2. Furthermore, despite our strict control that we bring to our technical sheets and to the description of the products, E-DKADO declines any responsibility for the validity of its content. E-DKADO could not be held as responsible for the breach of the contract in case of product stock shortage, major force, strikes especially in postal services, transports or communication, flood or fire. E-DKADO incur no liability for any indirect damages, such as operating losses, loss of profit, loss of opportunity, damage or cost resulting from product purchase.
    3. Hypertexts links may refer to other websites than “E-DKADO-PRO.FR”. E-DKADO declines any responsibility if the content of these sites would contravene the laws and regulations. Our products have performances fully compatible with professional use. E-DKADO cannot therefore be held liable for any losses resulting from a professional activity.
  16. Nominative Information
    1. E-DKADO shall not disclose to any third parties any information collected on the website E-DKADO-PRO.FR without the prior agreement.
    2. This information is strictly confidential and can only be exploited by one of the services or subsidiaries of the company E-DKADO.
    3. In accordance with French legislation on data processing and civil liberties, you have right of access to your own personal data, as well as the right to alter and oppose it. To do so, just send us a request by letter to the following address: E-DKADO, 445 Rue Lavoisier 38330 MONTBONNOT. FRANCE Your information will only be used by our internal services for the processing of your order and to reinforce and personalize communication and the cultural offer and product reserved to E-DKADO customers, especially by the newsletters to which you subscribed, as well as in the context of customization of the site to suit your interests. Our website is also designed to respond our clients’ need. Therefore, we make use of cookies. The cookie’s purpose is to indicate your appearance on our website and allow personalized information display on the site. Cookies are used by E-DKADO to improve the personalized service for you. This article cannot prevent the transfer of activities to a third party.
  17. Resolutory Clause
    In case of non-fulfillment of his obligation by a party, the present contract will be automatically terminated to the benefit of the other party, without prejudice to the damages which can be claimed to the defaulting party. The resolution will take effect 7 days after dispatch of a registered letter with acknowledgement of receipt. In case where the client renounces its order or if he doesn’t retake the goods sold within 7 days, the contract will be fully terminated as of right to the seller and the deposit will be kept by the exporter as compensation to the dispute. In the case of custom production, the customer will have to pay the total amount of the invoice even if he cancels his order. Furthermore, the seller reserves the right to handle the goods.
  18. Attribution of Jurisdiction
    The Commercial Court of Grenoble is the only competent court in case of claim or dispute concerning the interpretation or execution of the conditions of sale’s governing the contractual relationships between the seller and the buyer.

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