Terms and conditions of sale

Website www.klavkarr.com - klavkarr devices and EOBD Facile software

Version applicable from 14/09/2026.

This document consists of four parts: common provisions (Part I), terms and conditions of use of the Website (Part II), terms and conditions of sale of klavkarr devices (Part III), and terms and conditions of use of the EOBD Facile software (Part IV). The model withdrawal form is set out in the Annex.

Contents

PART I - COMMON PROVISIONS

Article 1 - Legal information

1.1. Publisher

The website www.klavkarr.com (hereinafter the "Website") is published by Outils OBD Facile, a simplified joint-stock company (société par actions simplifiée) with share capital of 10,000 euros, registered with the Vannes Business and Companies Register under number 750 984 767.

Registered office and correspondence address: Lieu-dit Kerluherne, 56890 Plescop, France

Intra-Community VAT identification number: FR12750984767

Telephone: 09 77 80 36 42 (non-premium-rate number)

Email: support@outilsobdfacile.fr

Publication director and editor-in-chief: Anne Kermorvant.

Outils OBD Facile is hereinafter referred to as the "Seller".

1.2. Hosting provider

The Website is hosted by OVH SAS, 2 rue Kellermann, 59100 Roubaix, France.

Article 2 - Definitions

"Seller": Outils OBD Facile, the company identified in Article 1.

"User": any natural or legal person who accesses the Website or uses its content and tools, whether or not they place an order.

"Customer": any natural or legal person who places an order with the Seller under these terms and conditions, on the Website or by email.

"Consumer": any natural person acting for purposes outside their trade, industry, craft, liberal profession or agricultural activity (preliminary article of the French Consumer Code).

"Non-professional": any legal person not acting for professional purposes. Non-professionals benefit from those provisions of the French Consumer Code that are expressly extended to them.

"Business Customer": any Customer, whether a natural or legal person, acting for purposes within the scope of their professional activity.

"Website": the website accessible at https://www.klavkarr.com/, including its online shop accessible at https://www.klavkarr.com/shop/.

"Product" or "Device": any diagnostic device in the klavkarr range sold by the Seller, which connects to a vehicle's OBD port, together with the items supplied in its packaging.

"EOBD Facile" or "Software": the computer software published by the Seller, the features of which are activated by the Device under the conditions set out in Part IV. The Software constitutes a digital element of the Product within the meaning of Article L. 217-1 of the French Consumer Code; it is not sold separately.

"Order": any purchase of a Product concluded between the Customer and the Seller.

"CGV": the terms and conditions of sale set out in Part III; "CGU": the terms and conditions of use set out in Parts II and IV.

Article 3 - Purpose

The purpose of this document is to set out the terms and conditions under which the Seller makes the Website available to Users and sells klavkarr diagnostic devices to the Customer, for use with the EOBD Facile software to diagnose a vehicle equipped with an OBD port.

Each device is sold with the rights to use EOBD Facile corresponding to its model. The computer software is not sold separately from the device; when used without a klavkarr device, it operates in its free version.

The Website also contains information and free tools (vehicle compatibility, OBD port locations and guides), the use of which is governed by Part II.

Article 4 - Scope, acceptance and contractual documents

4.1. Use of the Website

Access to the Website and use of its content and free tools are governed by Part II, which all Users are deemed to accept by accessing the Website. These terms and conditions are permanently accessible from every page of the Website. Browsing the Website does not entail any obligation to purchase.

4.2. Sales

The CGV (Part III) govern all sales of klavkarr devices concluded between the Seller and its customers, whether consumers, non-professionals or business customers:

  • through the Website's online shop;
  • by email, including following acceptance of a quotation or a commercial offer.

They apply to the device and all items supplied with it as part of the order, including the rights to use EOBD Facile attached to the model purchased. Sales made on outilsobdfacile.fr and klavkarr.de or on third-party marketplaces are governed by the terms and conditions specific to those channels.

The CGV apply only to orders; the Customer expressly accepts them when placing an order, under the conditions set out in Article 16. Merely browsing the Website does not constitute acceptance of the CGV.

The CGV apply to the exclusion of all other terms and conditions, including, in particular, the Business Customer's general terms and conditions of purchase. Only special terms expressly accepted in writing by the Seller, in particular those set out in a quotation, may derogate from the CGV. No special term may deprive a consumer of a right from which the law does not permit derogation.

The CGV applicable to an order are those communicated to and accepted by the Customer when that order is concluded. Any subsequent amendment has no effect on orders already concluded.

The product characteristics presented before the order, the order summary and, where applicable, the accepted quotation supplement the CGV and together constitute the contractual documents.

4.3. Legal capacity

The Customer declares that they have the legal capacity to enter into a contract or are acting with the authorisation of their legal representative. When placing an order on behalf of a legal person, the Customer declares that they have authority to bind that person.

PART II - TERMS AND CONDITIONS OF USE OF THE WEBSITE

Article 5 - Access to and availability of the Website

The Website is accessible free of charge to any User with Internet access; connection and equipment costs remain the User's responsibility.

The Seller endeavours to provide continuous access to the Website but is under no obligation to do so. It may suspend access for maintenance or updates, informing Users where possible. The Seller is not liable for interruptions attributable to the Internet, the User's equipment or force majeure. This clause does not limit its obligations in respect of outstanding orders or its liability in the event of fault.

Article 6 - Free content and tools

The Website provides information (guides, a blog and comparisons) and free tools, including tools for checking a vehicle's compatibility with the Device and locating the diagnostic port.

This information, some of which is based on User contributions, is provided for guidance only and without any guarantee of completeness. It does not replace the pre-purchase verification of product characteristics provided for in Article 14.1. The Seller corrects any inaccuracy brought to its attention as soon as possible.

Article 7 - Customer account

The Customer may create a customer account when placing an order or subsequently. Creating a customer account is not required to place an order.

The customer account allows the Customer to view their order history, download invoices and update their contact details. The Customer ensures that the information entered is accurate and updates it whenever it changes.

The password chosen by the Customer is strictly personal. The Customer must not disclose it to any third party and must inform the Seller without delay if it is lost or used without authorisation. The Seller is not liable for the consequences of access made possible by the Customer disclosing their password to a third party; it remains responsible for the security of its own systems.

The Seller may delete any customer account that has been inactive for more than three years or has been used in breach of these terms and conditions, including where fraudulent information has been provided, after giving the Customer thirty days' prior notice by email. Deletion of the customer account does not affect rights attached to orders already concluded or the obligations to retain contractual documents set out in Article 22.

Article 8 - User contributions

8.1. Product reviews

The Customer may publish a review of products purchased. Reviews must be written in French or in the customer's language, must not contain any third party's personal data or any illegal content, and must relate to the Customer's actual experience of the product.

Reviews are checked before publication. The Seller verifies that the author is a customer who has purchased the product concerned and that the content complies with this Article; a review is never rejected because of its rating or because it is negative. Reviews are published in chronological order, with the date on which they were written, and remain published without any time limit.

8.2. Photographs of OBD port locations

Users may submit photographs showing the location of their vehicle's OBD port, which are published under the pseudonym and country they provide. The User warrants that they are the author of the photograph and that it does not show any person or any legible vehicle registration plate.

8.3. Licence covering contributions

By publishing a review or photograph, the User grants the Seller, free of charge and on a non-exclusive basis, for the statutory term of copyright protection and worldwide, the right to reproduce, communicate to the public, translate and adapt that contribution, in whole or in part, on the Website, its foreign-language versions, its newsletters and its communications and promotional materials, including for commercial and advertising purposes. The User warrants that they are the author of the contribution and have obtained the necessary permissions. They may request deletion of their contribution at any time by writing to support@outilsobdfacile.fr.

Article 9 - Intellectual property in the Website

The Website, its structure, text, images, videos, databases (including the databases of compatible vehicles and OBD port locations), logos and trade marks (klavkarr, EOBD Facile) are protected by the French Intellectual Property Code and belong to the Seller or its licensors.

Any reproduction, communication to the public, extraction or re-utilisation, in whole or in part, without written permission is prohibited, except for private viewing and statutory exceptions. Extraction or re-utilisation of a substantial part of the Website's databases is prohibited (Articles L. 342-1 et seq. of the French Intellectual Property Code).

Article 10 - Hyperlinks

The Website may contain links to third-party websites whose content the Seller does not control; the Seller is not liable for that content unless it has become aware of its illegal nature and has failed to remove the links promptly.

Any User may create a link to the Website's home page without prior permission, provided that this does not harm the Seller's image.

Article 11 - Content hosting and notices of illegal content

For content published by Users (reviews and photographs), the Seller acts as a hosting provider within the meaning of Regulation (EU) 2022/2065 on digital services and Article 6 of French Law No. 2004-575 of 21 June 2004.

Anyone may report content they consider illegal to support@outilsobdfacile.fr, stating their identity, the address of the content and the reasons for the notice. The Seller processes notices within a reasonable time and informs the author of any removed content of the reasons for that decision.

Article 12 - Personal data, communications and cookies

Outils OBD Facile processes the data necessary to manage orders, payments, invoicing, deliveries and after-sales service, and to operate the Website and its tools.

Detailed information about the processing, its legal bases, the recipients (including payment and delivery service providers), retention periods and data subjects' rights is set out in the Website's privacy policy.

Requests concerning personal data may be sent to support@outilsobdfacile.fr.

Acceptance of these terms and conditions does not constitute general consent to direct marketing.

When a telephone number is collected, the Customer who is a consumer is informed that telephone marketing to a consumer without their prior consent is prohibited, subject to the statutory exception for calls made in connection with the performance of an ongoing contract. Providing a telephone number for the processing of an order does not, in itself, constitute such consent.

PART III - GENERAL TERMS AND CONDITIONS OF SALE

Article 13 - Customer's obligations

The Customer undertakes to provide accurate and complete information when placing an order, including delivery and billing details, and to inform the Seller of any error before dispatch.

Before placing an order, the Customer is invited to check the device's compatibility with their vehicle using the information and tools made available by the Seller, and to contact the Seller in case of doubt. This check does not limit the Seller's information and conformity obligations.

A Customer ordering for business purposes must declare this when placing the order, in particular by providing their company's details. This declaration determines which provisions of the CGV apply to them.

The Customer must use the device and software for their intended purpose, in accordance with the instructions provided and the applicable safety instructions, under the conditions set out in Article 21 and Part IV.

Article 14 - Products and use of EOBD Facile

14.1. Characteristics and compatibility

The essential characteristics of klavkarr devices and the items supplied with them are presented before the order is placed.

The functions available depend on the device model purchased, the vehicle concerned and the compatible configuration used. The Customer is invited to consult the compatibility information and to contact the Seller before placing an order in case of uncertainty.

This invitation does not limit the Seller's obligations to provide information and advice and to ensure conformity. Functionality, compatibility, interoperability and any installation restrictions are communicated before purchase.

14.2. Licence included with the device

The purchase of a klavkarr device includes the rights to use EOBD Facile corresponding to the model purchased, under the conditions set out in Part IV.

The activation of these rights is linked to the device. The level of functionality available depends on the klavkarr model used. When EOBD Facile is not used with the klavkarr device that confers these rights, the software operates as a free version.

The right of use included in the purchase is not subject to a time limit: it remains usable with the device for as long as the device functions.

14.3. Updates

The Seller provides information about, and supplies, the updates necessary to maintain the conformity of the product and its digital elements, under the conditions laid down by the applicable regulations.

EOBD Facile updates compatible with the device are provided free of charge, without a subscription and without a time limit, for as long as the software is maintained by the Seller, and at least for the period that the consumer may reasonably expect within the meaning of Article L. 217-19 of the French Consumer Code.

Article 15 - Availability and prices

Products available to order are in stock. An unavailable product cannot be ordered.

Prices are expressed in euros. Prices shown to consumers include the applicable taxes, subject to the tax treatment corresponding to the delivery destination. Prices shown to business customers state whether they are exclusive or inclusive of all taxes.

Product prices, any discounts and the delivery charges invoiced by the Seller are communicated before the order is confirmed or the quotation is accepted.

The applicable price is the price accepted when the contract is concluded. A subsequent change in prices does not alter the price of an order already concluded.

For a delivery subject to import formalities, duties, taxes or customs clearance charges may be payable at the destination. Where they are not collected by the Seller when the order is placed and are legally payable by the recipient, the recipient is responsible for paying them. This provision does not transfer to the Customer any collection or payment obligation imposed by law on the Seller. The possibility of additional charges is disclosed before the order is placed.

Article 16 - Placing and confirming orders

16.1. Orders on the Website

The Customer may place an order without creating an account.

Before confirming the order, the Customer may check the selected products, quantities, price, delivery charges and their contact details, and then correct any errors.

The Customer must read and accept the CGV when placing the order, by ticking a checkbox that is not pre-ticked. The final confirmation clearly states that the order entails an obligation to pay.

16.2. Orders by email

For orders concluded by email, the Seller provides the Customer, before the Customer is bound, with the product characteristics, prices, delivery charges and delivery times, payment terms, these CGV and the withdrawal form where applicable.

The order is concluded when the Customer expressly accepts the offer or quotation communicated to them.

16.3. Confirmation on a durable medium

The Seller sends the Customer an order confirmation by email containing the applicable contractual information, the accepted CGV and the withdrawal form. These documents are provided as attachments in a format that allows the Customer to store and reproduce them unchanged.

Article 17 - Payment, invoicing and retention of title

17.1. Payment methods

The accepted payment methods are payment card, PayPal, bank transfer and cheque.

Card payments are processed through the Axepta BNP Paribas secure payment solution, with strong customer authentication of the cardholder in accordance with the applicable payment services regulations. Card details are entered directly into the service provider's interface; the Seller does not have access to them and does not store them. The card is charged when the order is confirmed.

PayPal payments are processed by PayPal (Europe) S.à r.l. et Cie, S.C.A., in accordance with its own terms of use.

17.2. Dispatch and payment

Unless specific terms have been expressly agreed in writing, dispatch takes place:

  • as soon as payment is validated, for payments by card or PayPal;
  • upon receipt of the funds in the Seller's account, for payments by bank transfer, with the delivery period running from that date;
  • upon receipt of the cheque, for payments by cheque, without waiting for it to clear.

The delivery of a cheque constitutes payment only once it has actually cleared.

17.3. Invoicing

An invoice is issued for each order and made available to the Customer electronically, through a link in the dispatch confirmation email or through their customer account. The Customer agrees to receive invoices electronically.

17.4. Terms applicable to business customers

Unless otherwise agreed in writing, orders placed by business customers are payable before dispatch. Where payment upon receipt of the invoice has been agreed in writing, the invoice is payable on the date it is received, with no discount for early payment.

In the event of late payment, late payment interest becomes payable automatically from the day following the due date shown on the invoice, without a prior reminder. The rate is equal to the most recent European Central Bank refinancing rate plus ten percentage points, in accordance with Article L. 441-10 of the French Commercial Code. The reference rate is the rate in force on 1 January for the first half of the year and on 1 July for the second half.

A fixed sum of 40 euros as compensation for recovery costs is automatically payable for each invoice paid late. Where the recovery costs actually incurred are higher, additional compensation may be claimed on production of supporting evidence.

Any amount unpaid on the due date is also increased, under a penalty clause, by 10% of the unpaid amount, without prejudice to late payment interest and the fixed sum for recovery costs.

The provisions of this Article 17.4 do not apply to consumer or non-professional customers.

17.5. Retention of title

The Seller retains title to the devices sold until the price has actually been paid in full. This clause does not prevent the passing of risk to the Customer upon delivery under the conditions set out in Article 18.3. In the event of non-payment, the Seller may require the return of unpaid devices, without prejudice to any other remedy.

Article 18 - Delivery

18.1. Destinations

Delivery is offered to metropolitan France and the French overseas territories, to the countries of the European Union, and to Switzerland, the United Kingdom, Iceland and Norway. The available delivery methods, their cost and any restrictions are indicated to the Customer before the order is confirmed, according to the delivery address.

For deliveries outside the European Union and to the French overseas territories, any duties, taxes and customs clearance charges payable at the destination are governed by Article 15.

18.2. Delivery times

The applicable delivery period or date is communicated to the Customer before the Customer is bound, according to the destination and the delivery method selected.

Where dispatch is conditional on advance payment, this condition and its effect on the delivery schedule are specified before the contract is concluded, under the conditions set out in Article 17.2.

If no delivery date or period has been agreed with a consumer, delivery takes place without undue delay and no later than thirty days after the contract is concluded.

18.3. Receipt, reservations and passing of risk

The Customer is invited to check the condition of the parcel and the products upon receipt. If the parcel is damaged, the Customer may refuse it or accept it while making specific reservations to the carrier, and must inform the Seller as soon as possible to facilitate the handling of the matter.

The absence of reservations upon receipt does not deprive the consumer of the legal guarantee of conformity and is not subject to any time limit for exercising their rights against the Seller.

Where the Customer who is a consumer uses a carrier offered by the Seller, the risk of loss of or damage to the product is borne by the Seller until the consumer or a third party designated by the consumer takes physical possession of it. Where the consumer entrusts delivery to a carrier of their own choice, the risk passes to the consumer when the product is handed over to that carrier.

For a Business Customer, the risk passes when the product is handed over to the carrier. In the event of loss or damage, the Business Customer must make specific reservations to the carrier and confirm them by registered letter or extrajudicial document within three days of receipt, excluding public holidays, in accordance with Article L. 133-3 of the French Commercial Code.

18.4. Late delivery or failure to deliver

If the Seller fails to fulfil its delivery obligation, the consumer has the remedies provided for in Article L. 216-6 of the French Consumer Code. The consumer may request delivery in writing within an additional reasonable period and, if delivery does not take place within that period, terminate the contract. The consumer may terminate the contract immediately where the Seller refuses to deliver or where the agreed delivery period was an essential condition of the order for the consumer.

These remedies are without prejudice to damages. Where the contract is terminated in this way, the Seller reimburses all sums paid no later than fourteen days after notice of termination of the contract.

Article 19 - Withdrawal and product returns

19.1. Period

The consumer has fourteen calendar days to give notice of withdrawal, without having to give any reason for the decision.

The period begins on the day after the product is received by the consumer or by a third party designated by the consumer, other than the carrier. For an order covering several products delivered separately, it begins on the day after the last product is received.

Where the last day falls on a Saturday, Sunday, public holiday or non-working day, the period is extended until the next working day.

19.2. Notice and return number

The Customer may give notice of their decision by making a statement clearly expressing their wish to withdraw, including:

  • by email to support@outilsobdfacile.fr;
  • by post to Outils OBD Facile, Lieu-dit Kerluherne, 56890 Plescop, France.

The Customer may use the form annexed to these terms and conditions, but is not obliged to do so.

To help identify the order, it is recommended that the Customer provide the name used for the purchase, the order number and the products concerned.

The Seller provides a return number and practical dispatch instructions. This number facilitates the handling of the matter: it is not a prior authorisation required to exercise the right of withdrawal. Its absence or a delay in providing it does not prevent a duly notified withdrawal or the return of the product.

19.3. Return and condition of the product

The Customer must return the product without undue delay and no later than three days after communicating their decision, to the following address: Outils OBD Facile - Retours, Lieu-dit Kerluherne, 56890 Plescop, France.

The direct cost of returning the product is borne by the Customer.

The product must be protected for transport and returned with the items received as part of the purchase. Use of the original packaging is recommended where available, but its absence does not, in itself, remove the right of withdrawal.

A deduction for diminished value may be made only under the conditions laid down by law, where it results from handling beyond what is necessary to establish the nature, characteristics and functioning of the product. No automatic flat-rate restocking fee is applied.

19.4. Reimbursement

The Seller reimburses the sums paid for the products concerned and the delivery charges, up to the cost of the standard delivery method offered.

Reimbursement takes place without undue delay and no later than fourteen days after the Seller has recovered the product.

The original means of payment is used unless the Customer expressly agrees to another means that does not result in any costs for the Customer.

Article 20 - Guarantees and after-sales service

20.1. Statutory guarantees

The Seller is responsible for the applicable statutory guarantees, including the legal guarantee of conformity and the guarantee against hidden defects.

The guarantee of conformity also covers the digital elements supplied with the device under the sales contract, under the conditions laid down by the French Consumer Code. It also benefits non-professional buyers to whom the law extends it.

The consumer has a period of two years from delivery of the goods in which to invoke the legal guarantee of conformity if a lack of conformity becomes apparent. During that period, the consumer is required to establish only the existence of the lack of conformity, not the date on which it became apparent.

Where the sales contract for the goods provides for the continuous supply of digital content or a digital service for more than two years, the statutory guarantee applies to that digital content or digital service throughout the agreed supply period. During that period, the consumer is required to establish only the existence of the lack of conformity affecting the digital content or digital service, not the date on which it became apparent.

The legal guarantee of conformity requires the trader, where applicable, to provide all updates necessary to maintain the conformity of the goods.

The legal guarantee of conformity entitles the consumer to have the goods repaired or replaced within thirty days of their request, free of charge and without significant inconvenience to them.

If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the original guarantee.

If the consumer requests repair of the goods but the seller requires replacement, the legal guarantee of conformity is renewed for a period of two years from the date on which the goods are replaced.

The consumer may obtain a reduction in the purchase price while keeping the goods, or terminate the contract and receive a full reimbursement in return for returning the goods, if:

1) The trader refuses to repair or replace the goods;

2) The repair or replacement of the goods takes place after a period of thirty days;

3) The repair or replacement of the goods causes significant inconvenience to the consumer, in particular where the consumer ultimately bears the cost of taking back or removing the non-conforming goods, or bears the cost of installing the repaired or replacement goods;

4) The lack of conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.

The consumer is also entitled to a reduction in the price of the goods or to termination of the contract where the lack of conformity is so serious as to justify an immediate price reduction or termination of the contract. In that case, the consumer is not required to request repair or replacement of the goods first.

The consumer is not entitled to terminate the sales contract if the lack of conformity is minor.

Any period during which the goods are unavailable for use for the purpose of repair or replacement suspends the remaining guarantee period until the repaired goods are delivered.

The rights mentioned above arise from the application of Articles L. 217-1 to L. 217-32 of the French Consumer Code.

A seller who, in bad faith, obstructs the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual turnover (Article L. 241-5 of the French Consumer Code).The consumer also benefits from the statutory guarantee against hidden defects under Articles 1641 to 1649 of the French Civil Code, for a period of two years from discovery of the defect. This guarantee entitles the consumer to a price reduction if the goods are kept, or to a full reimbursement in return for returning the goods.

No separate commercial guarantee is offered to consumers under these CGV.

20.2. Making a claim with the Seller

To report a defect, the Customer must contact support@outilsobdfacile.fr, describing the problem and providing the information needed to identify the purchase and the product. The Seller provides the instructions necessary to handle the matter.

Where a return is necessary for a defect covered by a guarantee, the Seller provides a prepaid shipping label.

The goods are brought into conformity free of charge for the person entitled to the guarantee, under the conditions and within the periods laid down by law. The withdrawal rules under which the Customer bears return costs do not apply to a return covered by the statutory guarantee. The after-sales service procedure cannot deprive the person entitled to the guarantee of the choices and remedies provided by law.

20.3. Spare parts

No spare parts are offered for klavkarr devices; in the event of a covered defect, the device is repaired or replaced.

20.4. Business customers

The business customer benefits from the guarantees of delivery of conforming goods and against hidden defects provided for in Articles 1604 and 1641 to 1649 of the French Civil Code.

Article 21 - Use and liability

21.1 Nature of Outils OBD Facile's obligations

Outils OBD Facile undertakes to exercise the care and diligence necessary to supply Products and Software of a quality that meets the specifications of these General Terms and Conditions.The Customer is solely responsible for the use of the Software and the results obtained from it. Outils OBD Facile is subject only to a duty to exercise reasonable care and diligence (obligation de moyens) in relation to the services covered by these terms and conditions.Outils OBD Facile does not in any way guarantee that the Customer's use of the Software will produce results, or the quality of those results. The Software must never be used to test the safety of a motor vehicle. In this respect, the Customer undertakes to have their vehicle undergo roadworthiness tests in accordance with the law.

21.2 Force majeure - Customer's fault

Outils OBD Facile will not incur liability in the event of force majeure or fault on the part of the Customer, as defined in this Article:

21.2.1 Force majeure

For the purposes of these general terms and conditions, any impediment to, limitation of or disruption to the Service resulting from fire, epidemic, explosion, earthquake, bandwidth fluctuations, a failure attributable to the Internet service provider, failure of transmission networks, collapse of facilities, illegal or fraudulent use of passwords, codes or references provided to the Customer, computer hacking, a security vulnerability attributable to the Website's hosting provider or the developers, flooding, power failure, war, embargo, legislation, injunction, request or requirement of any government, requisition, strike, boycott, or other circumstances beyond the reasonable control of Outils OBD Facile will be considered an event of force majeure that may be relied on against the Customer. In such circumstances, Outils OBD Facile will be relieved of performance of its obligations to the extent of that impediment, limitation or disruption.

21.2.2 Customer's fault

For the purposes of these General Terms and Conditions, any misuse of the Service, fault, negligence, omission or failure by the Customer or their employees or agents, failure to follow the advice given by Outils OBD Facile on its Website, any disclosure or unlawful use of the Customer's password, codes and references, and the provision of incorrect information or failure to update such information in their personal account will be considered fault on the part of the Customer that may be relied on against them. The use of any technical process, such as bots or automated requests, that would contravene the letter or spirit of these general terms and conditions of sale will also be considered fault on the part of the Customer.

21.3 Technical problems - Hyperlinks

If access to the Website is impossible due to technical problems of any kind, the Customer may not claim to have suffered damage and is not entitled to any compensation. The unavailability of one or more online services, even for a prolonged period and with no time limit, cannot constitute loss or damage for Customers and cannot give rise to any award of damages payable by Outils OBD Facile.The hyperlinks on the Website may lead to other websites. Outils OBD Facile cannot be held liable if the content of those websites breaches the legislation in force. Similarly, Outils OBD Facile cannot be held liable if an Internet User's visit to one of those websites causes that person loss or damage.Given the current state of technology, the way in which images of the Products offered for sale on this Website are displayed, particularly their colours or shapes, may vary significantly from one computer to another or differ from reality, depending on the quality of the graphics equipment and screen or the display resolution. These variations and differences cannot under any circumstances be attributed to Outils OBD Facile, which cannot be held liable for them in any event.

21.4 Damages payable by Outils OBD Facile

Unless otherwise provided by statute or regulation, Outils OBD Facile's liability is limited to the direct, personal and certain loss or damage suffered by the Customer and related to the failure concerned. Outils OBD Facile cannot under any circumstances be held liable for indirect loss or damage, including loss of data, business losses, loss of orders, damage to brand image, business disruption, or loss of profits or customers. Similarly, and subject to the same limits, the amount of damages payable by Outils OBD Facile cannot in any event exceed the price of the Product or Software ordered.

21.5 Liability as a hosting provider

Data, including comments, published on the Website by the Customer are published under the Customer's own responsibility.In this context, Outils OBD Facile benefits from the status of a data hosting provider within the meaning of Article 6-I-2 of the French Law on Confidence in the Digital Economy of 21 June 2004. In accordance with paragraph 3 of the same Article, Outils OBD Facile cannot incur civil or criminal liability for those comments unless, from the moment it became aware of the illegal activity or information, it acted promptly to remove that information or disable access to it.

Article 22 - Retention of the contract and evidence

The Customer may request a copy of the contractual documents relating to their order by contacting the Seller.

For electronic contracts with a value of 120 euros or more, the Seller retains the contractual document in accordance with the statutory rules: where delivery is not immediate, retention covers the period from conclusion of the contract to delivery, and then ten years from delivery. Access to that document is provided on request.

The existence, creation or deletion of a customer account does not affect the rights arising from the order.

Electronic documents may be used as evidence under the conditions laid down by law. These terms and conditions do not give conclusive evidential value to the Seller's records alone and do not deprive the Customer of legally admissible means of proof.

Article 23 - Environment and used devices

The unique identifiers assigned to Outils OBD Facile under extended producer responsibility are: FR022888_05TENQ and FR022888_01TFUS. These identifiers are stated in accordance with Article R. 541-173 of the French Environmental Code.

Article 24 - Customer service, complaints and consumer mediation

24.1. Customer service

Customer service can be contacted Monday to Friday from 9 a.m. to 12 noon on 09 77 80 36 42 (a non-premium-rate number), by email at support@outilsobdfacile.fr and by post at the address given in Article 1.

Any complaint concerning an order, delivery or product may be submitted through these channels; it will be handled under the conditions set out in Articles 18 to 20.

24.2. Consumer mediation

After a prior written complaint has failed to resolve the dispute, the consumer may refer the matter free of charge to the consumer mediator covering the Seller:

SAS Médiation Solution - 222 chemin de la Bergerie, 01800 Saint-Jean-de-Niost, France

Website: https://sasmediationsolution-conso.fr

Online referral: https://sasmediationsolution-conso.fr/processus-mediation/saisir-le-mediateur

The request must, in particular, be submitted within one year of the written complaint sent to the Seller, subject to the other statutory conditions of admissibility.

Mediation is optional. This clause does not require the consumer to use mediation before bringing court proceedings.

Article 25 - Governing law and court proceedings

These terms and conditions are governed by French law, without excluding any mandatory provisions that remain applicable to the Customer, particularly in an international situation.

Disputes fall within the jurisdiction of the competent courts under the applicable rules. In particular, the consumer retains the right to bring proceedings before the courts with territorial jurisdiction under the ordinary rules, or before the court for the place where the consumer lived when the contract was concluded or when the harmful event occurred.

For disputes with a Customer acting as a merchant, the Commercial Court of Vannes has exclusive jurisdiction, even where there are multiple defendants or an action on a warranty or guarantee.

The possible invalidity of a clause does not affect the other provisions of the contract where the contract can continue without it. The Seller's failure to rely on a breach does not constitute a waiver of its right to rely on that breach subsequently.

PART IV - TERMS AND CONDITIONS OF USE OF THE EOBD FACILE SOFTWARE

Article 26 - Scope

This Part applies to any person who installs or uses the EOBD Facile desktop software or its mobile applications, whether or not that person has a klavkarr device. It constitutes an end-user licence agreement, including for applications downloaded from third-party app stores.

Installation or use of the Software constitutes acceptance of this Part. For a Customer who has purchased a device, it supplements the CGV without amending them.

Article 27 - Licence to use the Software

The Seller grants the user, on a personal and non-exclusive basis, worldwide and for all languages, the right to use the Software solely for the purpose of running it.

Without a klavkarr device, the Software operates as a free version, with functionality limited to that presented on the Website. Use of the free version does not entail any obligation to purchase.

With a klavkarr device, the functions corresponding to the device model are activated automatically upon connection, on any compatible computer, tablet or smartphone belonging to the user, without a time limit and without a subscription. No activation key is required.

The rights of use are attached to the device. If the device is transferred, those rights pass to the new holder and the transferor ceases to be entitled to them.

Article 28 - Warnings concerning use

The Software is a diagnostic tool. As not all vehicle manufacturers comply strictly with the OBD standard, the Seller recommends having a diagnosis confirmed by physical measurements (using a multimeter or oscilloscope) or by a professional before carrying out any repair.

The Software cannot be used to certify a vehicle's safety and does not replace the statutory roadworthiness test. The user remains responsible for the repairs and other work they decide to carry out following a diagnosis.

These warnings do not exclude the Seller's liability for a lack of conformity of the Software or for incorrect information attributable to the Seller.

Article 29 - Intellectual property and restrictions

The Software is the exclusive property of the Seller and is protected by copyright and database rights. Purchasing the device does not transfer the intellectual property rights in EOBD Facile, the trade marks or any other protected elements. The user benefits only from the right of use defined in Article 27.

Without the Seller's written permission, it is prohibited to sell, rent, distribute or redistribute the Software, even in its free version, either on its own or with a diagnostic interface; to communicate it to the public; to modify, translate, adapt or merge it with other applications; or to decompile, disassemble or reverse engineer it.

These prohibitions do not preclude the statutory exceptions applicable to software, including making a necessary backup copy, studying its functioning or security, and ensuring interoperability, where the conditions for those exceptions are met (Article L. 122-6-1 of the French Intellectual Property Code).

Article 30 - Vehicle data and improvements

During use, the Software may transmit to the Seller data relating to the vehicle being diagnosed (make, model, identification number, fault codes and connection logs) and to the device used, for the purposes of operating the service, providing support, producing statistics and improving the Software. The conditions of such processing, its legal basis, retention period and the user's rights are described in the Website's privacy policy.

Users wishing to contribute to the development of the Software may send their comments to support@outilsobdfacile.fr.

ANNEX - MODEL WITHDRAWAL FORM

To: Outils OBD Facile SAS, Lieu-dit Kerluherne, 56890 Plescop, France - support@outilsobdfacile.fr

I hereby give notice that I withdraw from my contract of sale for the goods specified below:

Ordered on / received on:

Order number:

Product concerned:

Name of consumer:

Address of consumer:

Date:

Signature of consumer only if this form is submitted on paper.