General Terms and Conditions of Sale
General Terms and Conditions of Sale defining the terms of purchase of products on the website “https://korporeal.net” - Updated on 01/12/2021
ARTICLE 1 – Scope of Application
These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by the company AGENTIV (hereinafter referred to as "the Seller") with consumers and non-professional buyers (hereinafter referred to as "the Customers" or "the Customer") wishing to acquire the products offered for sale by the Seller (hereinafter referred to as "the Products") on the website “https://korporeal.net”.
They particularly specify the conditions for ordering, payment, delivery, and handling of any returns of Products ordered by the Customers.
These General Terms and Conditions of Sale apply to the exclusion of all other conditions, particularly those applicable to sales in stores or through other distribution and marketing channels.
The buyer declares that they have read and accepted these General Terms and Conditions of Sale before making an immediate purchase or placing an order. In this regard, they are enforceable against the buyer in accordance with the provisions of Article 1119 of the Civil Code.
ARTICLE 2 – Pre-contractual Information – Acceptance by the Customer – Modification of the General Terms and Conditions of Sale
By ordering on the website “https://korporeal.net,” an individual (or legal entity) fully and unconditionally accepts these General Terms and Conditions of Sale and is obliged to pay for the Products ordered, which is expressly acknowledged by the Customer.
The General Terms and Conditions of Sale are available at any time on the website “https://korporeal.net.” Consequently, the Customer acknowledges having received them prior to placing the order.
These General Terms and Conditions of Sale will prevail, if applicable, over any other version or contradictory document.
The validation of the order by the Customer constitutes full and unconditional acceptance of these General Terms and Conditions of Sale.
Since these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is the one in effect on the website at the time the order is placed.
The Seller reserves the right to modify the provisions of these General Terms and Conditions of Sale at any time.
Such modifications will not apply to orders that are already in progress.
The version applicable to the Customer’s purchase is the one in effect on the website at the time the Customer accepts the General Terms and Conditions of Sale when placing the order.
This version of the General Terms and Conditions of Sale will not be subject to any further modifications.
ARTICLE 3 – Legal Capacity
The Site is accessible to any individual or legal entity with full legal capacity to engage under these General Terms and Conditions. An individual or legal entity who does not have full legal capacity may only access the Site with the consent of their legal representative.
The Customer acknowledges having the required capacity to contract and acquire the Products offered on the website https://korporeal.net.
ARTICLE 4 – Products Offered for Sale
The products offered for sale on the website “https://korporeal.net” are medical illustrations in various formats.
The main characteristics of the products, including specifications, illustrations, and dimensions or capacity indications, are presented on the website “https://korporeal.net.”
The Customer is required to review this information before placing an order. The choice and purchase of a product are solely the responsibility of the Customer.
The photographs and graphics presented on the website “https://korporeal.net” are non-contractual and cannot hold the Seller responsible.
The Customer should refer to the description of each product to learn about its properties, essential features, and delivery times, as well as, in the case of continuous or periodic supply of goods, the minimum duration of the proposed contract.
The contractual information is presented in French and is confirmed at the latest when the Customer validates the order.
Korpo Real Digital Product Policy
Digital products purchased from Korpo Real are licensed to the buyer for personal, non-commercial use only. This license is non-transferable. The buyer is not authorized to distribute, share, rent, sell, or sublicense the digital products to third parties.
Reproduction and Distribution: Reproduction, distribution, or making digital products available on unauthorized platforms or networks is strictly prohibited. Users may not create copies of digital products except for their personal use.
Modification: Users are not authorized to modify, alter, adapt, or create derivative works from Korpo Real’s digital products without prior written consent from Korpo Real.
Healthcare and educational professionals may use digital products in the course of their professional activities, provided that this use complies with the terms of this policy. Any use must be for direct educational or informational purposes, without reproduction or distribution beyond what is strictly necessary.
Users agree to take all necessary measures to protect Korpo Real’s digital products from unauthorized use, copying, or distribution. This includes securing devices and accounts used to access digital products.
ARTICLE 5 – Validity of the Product Offer
The product offers are valid within the limits of available stock, as specified at the time of the order placement.
ARTICLE 6 – Seller and Hosting Provider Contact Details
The Seller's contact details are as follows:
Company: AGENTIV
Commercial Name: Korpo Real
SASU with a capital of €20,000
Head Office: 1 allée Limayrac, building B, 31500 Toulouse
RCS TOULOUSE 887 832 400
SIRET: 88 783 240 000 014
VAT Number: FR14887832400
Phone: +33 7 84 94 55 25
Email: contact@korporeal.net
The contact details of the hosting provider for the website “https://korporeal.net” are as follows:
Company: SARL Alwaysdata
Head Office: 91 rue du Faubourg Saint-Honoré, 75008 Paris
RCS TOULOUSE 492 893 490
ARTICLE 7 – Orders
7.1. Account Creation
The Customer can place an order by creating an account.
If the Customer wishes to create an account by registering on the website “https://korporeal.net,” they must complete the form provided for this purpose.
Registration automatically results in the creation of an account in the Customer's name (hereinafter the "Account"), allowing them to manage their purchases.
The Customer must provide all the information marked as "required." Any incomplete registration will not be validated.
The Customer guarantees that all information provided in the registration form is accurate. They agree to update this information in their Account in case of changes (such as a change of postal address), so that it remains accurate.
The Customer can access their Account at any time after logging in with their username and password.
The Customer agrees to use their Account personally and not allow any third party to use it on their behalf or for their account, unless they take full responsibility for it.
If the Customer notices that their Account has been used without their knowledge, they must immediately contact AGENTIV using the contact details mentioned in Article 6 of these terms. The Customer grants AGENTIV full rights and authority to take all appropriate measures in such a case.
7.2. Order Placement
It is the Customer’s responsibility to select the Products they wish to order on the website “https://korporeal.net” according to the following procedure.
To place an order, the Customer must select the desired Product and add it to their shopping cart.
They can access the summary of their cart at any time as long as the order has not been definitively validated and can correct any errors in the entered details, add quantities of the selected Product, or possibly enter a promotional code.
If the Customer has an Account and is logged in, they can proceed directly to the stage of selecting billing and shipping addresses.
The Customer finalizes their order by clicking on "cart" and then on "order."
The Customer has the option to verify the details of their order, the total price, and correct any errors before confirming their acceptance. It is their responsibility to verify the accuracy of the order and to immediately report or correct any errors.
An order is registered on the website “https://korporeal.net” when the Customer accepts these General Terms and Conditions of Sale by checking the box provided for this purpose and confirms their order. This validation implies the acceptance of the entirety of these General Terms and Conditions of Sale, as well as the terms of use of the website “https://korporeal.net.”
The sale is final only after the Seller has sent the Customer a confirmation of the acceptance of the order via email, which must be sent promptly after the full payment of the price has been received by the Seller.
Any order placed, validated by the Customer, and confirmed by the Seller, under the conditions and according to the procedures described above, on the website “https://korporeal.net,” constitutes the formation of a distance contract between the Customer and the Seller.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute regarding the payment of a previous order.
The Customer can track the progress of their order on the website “https://korporeal.net.”
For institutions: Institutional orders may be validated by issuing a quote or a signed purchase order. The order will only be considered effective, and the goods will be shipped after the receipt and validation of the signed purchase order or quote. In this case, payment may be made after receipt of the goods. The invoice may be sent via the Chorus platform.
7.3. Order Modification
Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be modified.
7.4. Order Cancellation
Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be canceled, except in the case of exercising the right of withdrawal or in cases of force majeure.
7.5. Deletion of an Account by the Customer
The Customer has the option to delete their customer account at any time, except when an order is being processed.
To do so, the Customer must send an email to the Seller at the address "contact@korporeal.net" using the contact form provided for this purpose on the website “https://korporeal.net.”
7.6. Blocking or Deletion of a User Account by the Seller
The Seller reserves the right, at any time, to block or delete a Customer's user account if the Customer violates applicable laws, the rights of a third party, or engages in fraudulent use of the services offered by KORPO REAL.
7.7. Product on Order That Is No Longer in Stock
If a product is out of stock, the Seller commits to informing the Customer as soon as possible.
In this case, the Customer has the option to cancel the order.
The Seller must refund the Customer within a maximum of 14 days from the cancellation.
ARTICLE 8 – Prices
The products are provided at the prices in effect as listed on the website “https://korporeal.net” at the time the order is recorded by the Seller.
The prices are expressed in Euros (€), excluding tax (HT) and including all taxes (TTC).
The prices take into account any discounts granted by the Seller on the website “https://korporeal.net.”
These prices are fixed and non-revisable during their validity period, as indicated on the website “https://korporeal.net,” with the Seller reserving the right, outside this validity period, to modify the prices at any time.
These prices do not include processing, shipping, transportation, and delivery fees, which are billed separately, as specified on the website “https://korporeal.net” and calculated before the order is placed.
If the Customer requests a faster or more expensive shipping method than the standard shipping, the additional delivery charges, as shown at the time of order confirmation, are entirely the responsibility of the Customer.
The payment requested from the Customer corresponds to the total amount of the purchase, including these additional fees.
If one or more taxes or contributions, including environmental ones, are created or modified, whether upwards or downwards, this change may be reflected in the sales price of the products.
ARTICLE 9 – Payment Terms
The price is payable in full on the day the order is placed by the Customer via a secure payment method, as follows:
By credit card: Visa, Mastercard, American Express, and other bank cards;
By bank transfer;
By check;
By administrative order.
Payment by credit card is irrevocable, except in the case of fraudulent use of the card. In this case, the Customer can request the cancellation of the payment and the refund of the corresponding amounts.
Payment data is exchanged in encrypted mode via the “Stripe” system (https://stripe.com).
Payments made by the Customer will only be considered final after the actual receipt of the amounts due by the Seller.
Furthermore, the Seller reserves the right, in the event of non-compliance with the payment conditions mentioned above, to suspend or cancel the delivery of any ongoing orders placed by the Customer.
No additional fees, exceeding the costs borne by the Seller for using a payment method, will be charged to the Customer.
ARTICLE 9 bis - Payment Terms for Public Contracts
Orders placed by public bodies may be delivered upon order, and benefit from a payment deadline.
Here are the payment deadlines granted to public buyers starting from the receipt of the order:
State and public institutions: 30 days
Local authorities, their public establishments, and their groupings: 30 days
Public health establishments: 50 days
Military health service establishments: 50 days
Other public enterprises: 60 days
The countdown for the deadline begins from the receipt of the invoice and the products. If the last day of the deadline falls on a public holiday, Saturday, or Sunday, the deadline expires at the end of the next working day.
In case of non-compliance with the statutory payment deadlines and delayed payments, a penalty equal to three times the legal interest rate will be applied, along with a fixed compensation for recovery costs of €40.
ARTICLE 10 – Deliveries
The products ordered by the Customer will be delivered in mainland France within fifteen (15) working days from the order, to the address provided by the Customer when placing the order on the website “https://korporeal.net.”
Delivery consists of the transfer of physical possession or control of the product to the Customer.
The products are delivered to the address indicated by the Customer on the order form. The Customer must ensure that the address is accurate.
Any package returned to the Seller due to an incorrect or incomplete delivery address will be resent at the Customer’s expense. The Customer may, upon request, have an invoice sent to the billing address and not the delivery address by selecting the option provided for this purpose on the order form.
Unless there is a particular case or the unavailability of one or more products, the ordered products will be delivered at once.
The Seller commits to making its best efforts to deliver the products ordered by the Customer within the above-mentioned time frame.
If the Seller fails to deliver the product within thirty (30) days after the conclusion of the contract, the Customer may terminate the contract by sending a registered letter with acknowledgment of receipt or another written communication on a durable medium. This applies if, after having requested the Seller, under the same conditions, to make the delivery or provide the service within a reasonable additional period, the Seller has not complied within that period.
The contract is considered terminated upon receipt by the Seller of the letter or written notice informing them of this termination, unless the Seller has complied in the meantime.
The Customer may immediately terminate the contract when the Seller refuses to deliver the goods or provide the service, or when the Seller does not fulfill their delivery obligation of the goods or the provision of the service by the agreed date or the expiration of the period specified in paragraphs 1 and 2 of Article 10 of the General Terms and Conditions of Sale, and this date or period constitutes a fundamental condition of the contract for the consumer.
This essential condition results from the circumstances surrounding the conclusion of the contract or an express request from the Customer prior to the conclusion of the contract.
The sums paid by the Customer will then be refunded no later than fourteen (14) days from the date of the termination of the contract, excluding any compensation or withholding.
The Seller commits to delivering a Product that conforms to the contract and the description.
In case of non-compliance of the delivered Product, the Seller agrees to remedy the situation or refund the Customer, as stated in the article — "Seller's Responsibility — Warranty."
The Seller assumes the transport risks and is obligated to refund the Customer in case of damage caused during transportation.
However, the Seller may be exempt from all or part of its liability by proving that the non-performance or improper performance of the contract is attributable either to the consumer, to an unforeseeable and insurmountable event by a third party, or to a force majeure event.
Deliveries are handled by an independent carrier to the address provided by the Customer when placing the order, and to which the carrier can easily access.
When the Customer has arranged for a carrier of their choice, delivery is deemed to have occurred once the Products ordered by the Seller are handed over to the carrier, provided the carrier accepts the Products without reservation. The Customer acknowledges that it is the carrier's responsibility to make the delivery and has no recourse against the Seller in the event of non-delivery of the goods transported.
When the Customer entrusts delivery to a carrier other than the one proposed by the Seller, the risk of loss or damage to the Product is transferred to the Customer once the Product is handed over to the carrier.
In case of special requests by the Customer regarding the packaging or transport conditions of the ordered products, duly accepted in writing by the Seller, the associated costs will be subject to a specific additional charge, based on an estimate previously accepted in writing by the Customer.
The Customer is obligated to inspect the products upon delivery.
Upon delivery of the Product, the Customer must, if possible, check the condition of the package and its contents. If the package or Product is damaged or does not match what was ordered, the Customer may note reservations on the delivery slip or refuse the delivery.
If the Customer makes reservations on the delivery slip, the Customer must return the Product to the Seller no later than 14 days from the receipt of the Product.
The Seller will refund, exchange, or repair the damaged Product(s) or those not conforming to the order within 14 days from the receipt of the Product by the Seller, at the Seller's expense, provided the Customer has duly proven the damage or non-conformity in accordance with articles L 217-4 and following of the French Consumer Code and as per these General Terms and Conditions of Sale.
The Seller will also refund the Customer for return shipping costs.
ARTICLE 11 – Transfer of Ownership – Transfer of Risks
The transfer of ownership of the Products from the Seller to the Customer will occur as soon as the order is accepted by the Seller, marking the agreement between the parties on the object and the price, regardless of the payment and delivery dates.
Regardless of the date of transfer of ownership of the Products, the transfer of risks related to loss and deterioration of the Products will only occur when the Customer physically takes possession of the Products.
Therefore, the Products travel at the Seller's risk, except in the case where the Customer arranges for a carrier of their choice.
ARTICLE 12 – Right of Withdrawal
In accordance with applicable legal provisions, the Customer has a period of fourteen (14) days from the receipt of the Product to exercise their right of withdrawal from the Seller, without having to provide reasons or pay any penalty, for exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within fourteen (14) days following the notification to the Seller of the Customer's decision to withdraw.
Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) allowing them to be resold as new, accompanied by the purchase invoice.
Damaged, dirty, or incomplete Products will not be accepted for return, nor refunded, nor exchanged.
The right of withdrawal can be exercised online, using the withdrawal form available on the website "https://korporeal.net", in which case an acknowledgment of receipt on a durable medium will immediately be provided to the Customer by the Seller, or through any other unambiguous statement expressing the intention to withdraw.
In the case of exercising the right of withdrawal within the aforementioned period, only the price of the purchased Products and the initial delivery charges will be refunded; return shipping costs will remain the responsibility of the Customer.
The refund will be made within fourteen (14) days from the notification to the Seller of the decision to withdraw.
The Seller may delay the refund until the product is recovered or until the Customer has provided proof of the Product's return shipment.
ARTICLE 13 – Seller's Legal Responsibility – Warranty
The Products sold on the website "https://korporeal.net" comply with the regulations in force in France and have performance compatible with non-professional use.
The Products provided by the Seller benefit, by law and without additional payment, independently of the right of withdrawal, in accordance with legal provisions:
The legal warranty of conformity, for Products that are apparently defective, damaged, or do not correspond to the order.
The legal warranty against hidden defects arising from a flaw in material, design, or manufacture that affects the delivered products and makes them unsuitable for use, under the conditions and according to the terms defined in the annex to these General Terms and Conditions of Sale.
It is reminded that under the legal warranty of conformity, the Customer:
Has a period of two years from the delivery of the product to act against the Seller;
Can choose between repair or replacement of the ordered Product, subject to the cost conditions provided by Article L 217-9 of the French Consumer Code;
Is exempt from proving the existence of the conformity defect of the product during the twenty-four months following the delivery of the product.
The Customer may decide to implement the warranty against hidden defects in accordance with Article 1641 of the French Civil Code; in this case, they can choose between the cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the French Civil Code.
The Seller will refund, replace, or repair the Products or parts under warranty that are deemed non-compliant or defective.
Shipping costs will be refunded based on the invoiced rate, and return costs will be reimbursed upon presentation of supporting documents.
Refunds for Products deemed non-compliant or defective will be made as soon as possible, and no later than fourteen (14) days after the Seller's acknowledgment of the defect of conformity or hidden defect.
The refund will be made by credit to the Customer's bank account or by a bank check sent to the Customer.
The Seller's liability cannot be engaged in the following cases:
Non-compliance with the legislation of the country to which the products are delivered, which it is the Customer's responsibility to verify;
In the case of improper use, professional use, negligence, or lack of maintenance by the Customer, such as normal wear and tear of the Product, accident, or force majeure.
In any case, the Seller's warranty is limited to the replacement or refund of non-compliant or defective Products.
ARTICLE 14 – Protection of Personal Data
The Seller declares to be in compliance with Law 78-17 of January 6, 1978, as amended by Law No. 2018-493 of June 20, 2018.
It is hereby reminded that the personal data requested from the Customer is necessary for processing their order, implementing the general terms and conditions of sale, and issuing invoices, among other things.
By accepting the general terms and conditions of sale, the Customer expressly consents to the collection and processing of this data.
A record of processing activities is maintained by the Seller.
The Seller reserves the right to collect data about the Customer through the use of cookies to improve the personalized service provided to the user.
The collected data may be communicated to any potential partners of the Seller responsible for the execution, processing, management, and payment of orders.
These data are kept for a maximum period of 5 years from the end of the contractual relationship.
The processing of information communicated through the website "https://korporeal.net" complies with the legal requirements regarding the protection of personal data, with the information system used ensuring optimal protection of this data.
In accordance with national and European regulations in force, the Customer has the right of permanent access, modification, rectification, deletion, opposition, portability, and limitation of processing, as well as the right to be forgotten regarding the information concerning them.
This right can be exercised under the conditions and in accordance with the procedures defined on the website "https://korporeal.net".
ARTICLE 15 – Intellectual Property
The content of the website "https://korporeal.net" 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 prohibited and may constitute an act of infringement.
All products offered for sale by AGENTIV are original works that benefit from copyright protection.
As such, the Customer is informed that purchasing one of these products does not transfer the copyright, including the right to reproduce these works, without the express prior authorization of AGENTIV.
The Customer must respect the intellectual property rights and copyrights attached to these works, failure to do so may result in liability for infringement.
ARTICLE 16 – Force Majeure
The Parties cannot be held responsible if the non-performance or delay in the performance of any of their obligations, as described herein, is due to a case of force majeure, as defined by Article 1218 of the French Civil Code.
ARTICLE 17 – Applicable Law – Language – Severability Clause
The present General Terms and Conditions of Sale and the operations arising therefrom are governed by French law.
They are written in the French language. In the event that they are translated into one or more languages, only the French text shall prevail in the event of a dispute.
If one or more clauses are declared null and void or abusive, the validity of the entire General Terms and Conditions of Sale shall not be affected and shall remain applicable.
ARTICLE 18 – Disputes
Any disputes arising from the purchase and sale transactions concluded under these General Terms and Conditions of Sale, concerning their validity, interpretation, execution, termination, consequences, and follow-up, shall first be subject to an amicable resolution attempt between the parties, notably through a complaint that the Client may submit to the Seller.
If this amicable resolution fails, the Client is informed that they have the option to resort, free of charge, to consumer mediation, in accordance with Articles L 151-1 and following of the French Consumer Code.
In this regard, the Seller guarantees the Client effective access to a consumer mediation mechanism.
This conventional mediation may be carried out, in particular, through SAS MÉDIATION – VIVONS MIEUX ENSEMBLE, with the following contact details:
Website: https://www.mediation-vivons-mieux-ensemble.fr/
Postal address: 465 avenue de la Libération, 54000 Nancy
Email: mediation@vivons-mieux-ensemble.fr
If the amicable phase fails, any disputes originating from the execution of these General Terms and Conditions of Sale shall be brought before the competent courts under the ordinary law.
General Terms and Conditions of Sale dated June 1, 2021
ANNEX – Provisions related to legal warranties
Article L 217-4 of the Consumer Code
The seller delivers a good that is in conformity with the contract and is responsible for defects of conformity existing at the time of delivery. The seller is also responsible for defects of conformity resulting from the packaging, assembly instructions, or installation, when such tasks were entrusted to them by the contract or were carried out under their responsibility.
Article L 217-5 of the Consumer Code
The good is in conformity with the contract if:
it is fit for the usual purpose expected from a similar good, and, where applicable:
it corresponds to the description provided by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
it has the qualities that a buyer can legitimately expect, considering public statements made by the seller, the producer, or their representative, particularly in advertising or labeling.
Or if it has the characteristics defined by mutual agreement between the parties or is suitable for a special use sought by the buyer, which the buyer has communicated to the seller, and which the seller has accepted.
Article L 217-12 of the Consumer Code
The action resulting from a lack of conformity is subject to a two-year limitation period from the delivery of the good.
Article L 217-16 of the Consumer Code
When the buyer requests the seller, during the course of the commercial warranty granted to them at the time of the purchase or repair of a movable good, to restore the good under the warranty, any period of immobilization of at least seven days will extend the remaining warranty period. This period begins from the buyer's request for intervention or from the provision of the good for repair if this provision occurs after the request for intervention.
Article 1641 of the Civil Code
The seller is bound by the warranty against hidden defects of the thing sold, which render it unfit for its intended use or diminish this use so much that the buyer would not have acquired it, or would have paid a lesser price, had they known of the defects.
Article 1644 of the Civil Code
In the case of Articles 1641 and 1643, the buyer has the option to return the item and be refunded the price, or to keep the item and receive a reduction in the price.
Article 1648, paragraph 1 of the Civil Code
The action resulting from latent defects must be brought by the buyer within two years from the discovery of the defect.