General Sales Conditions
of rexo-outillage.com website
These General Sales Conditions govern the sale of Products (hereinafter the “Product(s)”), made from the rexo-outillage.com website and any sites linked thereto (hereinafter the “Site”) between, on the one hand, the Rexo Company (hereinafter the “Company”) and, on the other hand, the Customers of the site (hereinafter referred to as the “Customer”). These products are sold new and exclusively for professional Customers.
1) Acceptance of the General Terms and Conditions
The Customer declares that he has read and accepted these General Terms and Conditions before placing his order. The validation of the order therefore constitutes acceptance of these General Terms and Conditions. Unless demonstrated to the contrary, the data recorded on the Site constitutes proof of all transactions between the Company and the Customer.
2) Placing orders
The Customer completes, under his sole responsibility, the online purchase order, specifying the part numbers of the selected product(s) and their quantitie The Customer also specifies his name, his RCS registration number, the delivery address for the product(s) ordered, and if applicable any special circumstances related to the delivery address that could complicate the delivery of the product(s) ordered. In this case, the Company reserves the right to contact the Customer, to define the possibilities of delivery of the product(s) ordered and possibly to decide to cancel the order.
It is the Customer’s responsibility to check, before the order is validated, in particular in relation to the specifications of the product or products ordered, notably in terms of size and volume, that the products can be routed through the access routes to the place of delivery.
In the event of impossibility of delivery on the scheduled date due to special circumstances not specified by the Customer at the time of the order or absence of the Customer at the date of appointment agreed with the carrier, the Company reserves the right to postpone or cancel the order and/or delivery. All costs related to the return of the product(s) ordered to the Customer due to an error in the Customer’s entry or due to his absence shall be the exclusive responsibility of the Customer.
The order will only be final after the Customer’s bank account has been debited (payment by bank card on the site or by transfer). The Customer’s order may be refused if a settlement dispute is pending with the Customer or if the Customer has not paid for an order in progress.
Contractual information shall be the subject of written confirmation not later than the time of delivery of the product(s) ordered.
3) Prices and payment
Product prices are indicated on the site in euros, excluding taxes and excluding delivery charges. The Customer is informed of the cost of delivery of his order on the site. The amount of the delivery charge is added to the total order amount of the product(s) ordered on the site.
The Company reserves the right to change its prices at any time but the Product will be invoiced to the Customer on the basis of the price in force at the time of confirmation of the order.
The Product remains the property of the Company until the full receipt of the price by the Company. To invoke this clause, and if no agreement has been reached between the Customer and the Company, the Company simply needs to communicate its formal willingness to take back the product(s) delivered by a single recorded delivery registered letter sent to the Customer. However, it is expressly stated that the Customer will be responsible for the product(s) delivered to him upon physical handover, with the transfer of possession resulting in the transfer of risks. Consequently the Customer will have to make arrangements, and where appropriate, take out insurance to compensate for the possible, partial or total destruction of the products, irrespective of the cause.
Payment for a product on the site is made exclusively by:
- credit card (Visa, MasterCard, etc.) directly on the site by filling in the order form following the precise instructions and then paying by the secure transaction site. The card will be debited as soon as the acknowledgement of receipt of the order is sent;
- transfer to the Company’s account.
4) Lead times – Delivery – Transportation
Our products may only be sold to professional Customers and their delivery is only made to the following countries:
- Metropolitan France (except islands)
- Germany except islands (postal codes 17, 18, 23 and 24)
- Spain except islands (postal codes 35 and 38)
- Italy except islands (postal codes 07 to 09 and 90 to 98).
Transport charges outside of France are fixed in increments of weight up to 300 kg. For any order exceeding 300 kg, or for any destination not covered above, please contact us beforehand so that we can examine the feasibility and the terms of any delivery.
Our delivery times are always indicative. By express agreement, no delay in delivery can result in penalties or damages, nor can it result in the cancellation of the order.
Our products always travel at the Customer’s risk, regardless of the mode of transport or the terms of invoicing and settlement of the transport price.
It is the Customer’s responsibility to carry out, at the time of delivery, all examinations necessary to detect any damage, missing items, defects or other visible faults or non-conformities of the products delivered in relation to his order. The Customer must check the condition of the packages, the number of packages and the products in their quantities, their references, their condition and their characteristics. He shall immediately carry out the legal formalities necessary for the possible engagement of the liability of the carrier. No claim based on a visible defect in conformity or visible fault may be made to the Company, in the event of acceptance of the withdrawal or delivery of a product which does not comply with the order or which is visibly damaged.
Unless previously authorized, and in writing, by us, no goods may be returned. Any return will be at the Customer’s risk and expense.
In the event that the Customer refuses the product ordered, the Customer will be required to pay the cost of the outward and return carriage, and in the event of absence, the cost of representation* of the product ordered by the carrier shall be borne by the Customer.
5) Retention of title
The Company retains title to the goods sold until the full payment of the principal and accessory price is effective. These provisions shall not preclude the transfer to the Customer, upon delivery, of the risks of loss and deterioration of the products sold and of any damage caused by them.
6.1) Visible defect warranty
Without prejudice to the provisions to be taken in relation to carriers specified in Article 4 of this Agreement, the Customer must check the visible condition of the products at the time of delivery. In the absence of reserves expressly issued by the Customer at the time of delivery, products delivered by us will be deemed to conform in quantity and quality to the order.
In the event of non-conformity of the products with the specifications in the order or visible defects in the products sold, the Customer shall have a period of forty-eight (48) hours from the date of receipt of the products, excluding Sundays and public holidays, to notify the Company by recorded delivery registered letter, otherwise, it will be closed.
The Customer must provide justification as to the reality of the reserves or defects found; the Company reserves the right to make checks and audits directly or indirectly on-site.
The Company will replace, as soon as possible, and at its expense, Products delivered of which non-compliance has been duly proven by the Customer and, where appropriate, recognized by the Company; however the return of such products will be at the Customer’s risk and expense.
Faults and damage to the products delivered resulting from abnormal storage and/or preservation conditions at the Customer’s premises shall not be eligible for the warranty due by the Company.
6.2) Hidden fault warranty
The parties hereto expressly preclude the application of the legal provisions relating to the warranty for hidden faults in the products sold.
6.3) Commercial Warranty
The commercial warranty granted by the Company for hand tools shall be set at ONE (1) YEAR from the date of delivery. The commercial warranty does not cover consumables, including: blades, punches, dies, etc.
The commercial warranty only covers the replacement of the faulty part and no additional compensation or damages can be paid to the Customer for any reason whatsoever.
Replacements and repairs do not cause an increase in the duration or a renewal of the warranty.
Failure to pay our invoices results in the termination of the commercial warranty.
7) Special provisions
7.1) Password management
A password can be provided to the Customer to access his/her Customer account. This password is personal and confidential. The Customer is solely responsible for the use and confidentiality of this password. The Company disclaims any liability for fraudulent use of this password.
The products proposed comply with the French legislation in force and the standards applicable in France. The responsibility of the Company, the seller of the product, cannot be engaged in the event of the export of the product to a third country. It is the responsibility of the Customer to check with the local authorities the possibilities of exporting or using the product purchased on the site and to comply with the applicable regulations. The Customer is invited to refer to the description of each product for the specific characteristics.
In no event shall the Company be liable for any direct, indirect or immaterial injury or loss of revenue, even if it has been advised of the possibility of such damages, including, for purely illustrative and non-exhaustive examples, loss of profits, operating losses, loss of markets, moral damage, originating or as a consequence of this contract, or damage to persons or property separate from the subject of the contract.
7.3) Force Majeure
No Party shall be liable for the total or partial non-performance of its obligations, if such non-performance is due to unforeseeable circumstances or the occurrence of an event constituting force majeure such as in particular, and without this list being exhaustive, flood, fire, storm, lack of raw materials, transport strike, partial or total strike, or lockout.
The Party which has been affected by such events shall inform the other Party as soon as possible and no later than five (5) working days after the occurrence of the event.
The Parties agree that they shall consult together as soon as possible in order to determine together the modalities of execution of the order during the duration of the force majeure situation.
If the case of force majeure lasts more than one (1) month, our company may decide not to honour the order, and to reimburse the Customer for the sums paid by him in respect of the order concerned.
7.4) Judicial jurisdiction
The application of these provisions shall be governed exclusively by French law.
In the event of any dispute concerning the execution of an order or the interpretation and/or performance of these general conditions, the parties undertake to seek an amicable solution.
If such a solution cannot be found, the dispute shall be within the exclusive jurisdiction of the Commercial Court of Clermont-Ferrand, notwithstanding the plurality of defendants or introduction of third parties or of interim measures.
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