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General Conditions of Sale - REXA

These General Conditions apply to sales made by SARL REXA (hereinafter “the Seller” or “the Service Provider”), to consumers and non-professional Customers (hereinafter “the Customer” or “the Customers” or “the Consumer”) and to professional Customers (hereinafter “the Customer” or “the Customers”). » or “the Professional Customer”). Any order (hereinafter the Order) implies adherence and acceptance without any reservation of these General Conditions of Sale, which, consequently, take precedence over any other document or condition, with the exception of the Special Conditions negotiated between the Parties.

The Seller reserves the right to modify its General Conditions at any time subject to informing the Customers. Any modification of the General Conditions will be presumed accepted by the Customer who, after being notified in writing, has not expressed his disagreement within 8 days.

1. Nature of the activity

The company REXA offers for sale automobile parts and paintless dent removal tools in particular, in the premises of the company located at 1 Rue Monge, 38320 EYBENS and remotely via the internet (hereinafter the “Goods” or the “Products”) to both professionals and consumers.

2. Placing an order

Any request for information can be made at the premises of the company REXA, or remotely by telephone on 04 76 01 06 78, or via the website www.rexatools.com (hereinafter “the Site”).

Any order received by REXA is deemed firm and final. It entails full and complete adherence and acceptance of these General Conditions and obligation to pay for the products or services ordered.

The company REXA reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

Any modifications to the order by the Customer may be taken into account by the company REXA only within the limits of its possibilities.

Special terms for taking orders via the website:

Taking orders on the Site is subject to compliance with the procedures described below:

Selection of the item(s) by the Customer:
On the Site,the customer selects the Product(s) and their quantity which are added to their “Basket”. The Customer can freely modify his “Basket”, delete or add Products and modify the quantities ordered.
Validation of the order:
Once the Customer has completed his selection and wishes to validate the composition of his “Basket”, he must identify himself:
- if he has an account on the Site: by his username and password
- if he does not have an account on the Site, the Customer must follow the procedure for creating an account, indicating in particular his name, address, telephone number and email address.
The Customer must also select the chosen payment method. Additional shipping costs are indicated and are valid in mainland France and internationally. Any order placement is subject to prior and unreserved acceptance of these General Conditions.
Acknowledgment of receipt of the order by the Seller:
The Seller then acknowledges receipt of the order in the form of an email sent to the email address provided by the Customer. The Seller undertakes to inform the Customer by any means at its convenience, in particular in the event of a product supply problem, abnormal order, foreseeable difficulties, unavailability of a product, payment incidents.
In the event that one of the products ordered is not available in the Seller's stocks, the Seller undertakes to inform the Customer within 7 days from the date of the Order and to indicate within what time frame, the said product could, if applicable, be delivered to him. In the event of refusal by the Customer, the Seller will reimburse the product as soon as possible.

3. Price

Prices are firm and final. Prices are expressed in Euros and stipulated all taxes included. Any delivery costs are not included.

4. Payment conditions

The price is payable in cash, on the day of the order. Payments made by the Customer will only be considered final after actual collection of the sums due by the Seller. Payment can be made by credit card or transfers.

All online payments are secured by the 3D Secure system and the protocol, a system which guarantees the confidentiality of the Customer's banking data. This data is not brought to the attention of REXA at any time.

Payment conditions applicable to Professionals:

The company REXA expressly reserves the right to reject checks and bills of exchange. Unless otherwise indicated in the quote confirmation and/or invoice, payment must take place upon receipt of the invoice, in euros. No discount will be applied by the REXA company for payment before the date appearing on the invoice.

In the event of non-payment on the due date, the Customer will be considered in default and will be liable, without any prior notification from the company REXA, for the payment of late payment penalties calculated by applying the rate used by SSL (Secure Socket Layer), the European Central Bank (ECB) to its most recent refinancing operation, increased by 10 points, as well as a lump sum compensation. €40 for recovery costs. REXA reserves the right to request additional compensation if the recovery costs incurred exceed this amount, upon receipt of proof. REXA may suspend all orders in progress without prejudice to any course of action.

The REXA company reserves the right, when the agreed price is not paid on the due date, either to request compulsory execution of the payment, or to terminate the contract by simple registered letter with acknowledgment of receipt and to retain, as compensation, the deposit paid on the order if applicable, without prejudice to any other action that the REXA company would be entitled to take, in this respect, against the Customer. In the event of multiple due dates, failure to pay one of the due dates results in immediate termination of the contract.

The Customer will not be authorized to deduct any amount from the price in respect of a counterclaim presented against the company REXA. Any offsetting of claims is prohibited.

In the event of a change in the management or holding of the majority of the Client's capital or a significant deterioration in its financial situation, the company REXA will have the right to suspend or terminate the Contract, without being obliged to first send a notification of failure,in the event that the Customer fails to guarantee payment of the price or to provide appropriate guarantees, within seven (7) calendar days following the date of the request made to this effect by the company REXA. The latter reserves the right to issue other possible claims for compensation.

5. Execution of the sale

5.1 Obligations of the seller

The Seller has an obligation of information and advice towards its Customer. The Seller undertakes to carry out its work in accordance with the rules of the art and the standards and practices applicable in the matter.

5.2 Deadline

The delivery time is indicated when the order is taken.

5.3 Receipt of the order

At the time of receipt of the order, the Customer is required to check the apparent conformity of the Product received with the order he placed. In the event of a damaged package, the Customer must refuse the package to the Carrier so that it can be returned to the REXA company. The Seller then undertakes to send a new package, upon receipt of the damaged package. The Customer must therefore report any anomaly concerning delivery, particularly in the event of a missing or damaged product, within 48 hours of receipt of the Product. Subject to the stipulations concerning the right of withdrawal (article 5.4.3) and the legal guarantee of conformity (article 5.4.4), any complaint sent more than 48 hours following receipt of the Product will be rejected and the Seller's liability cannot under any circumstances be incurred in this respect.

The Seller reserves the right to refuse to serve a subsequent order in the event of abnormal or abusive returns from the Customer.

5.4 Special cases of Customers consumers for distance sales on the internet

Only consumer Customers and professional Customers subject to consumer law in accordance with the law, can benefit from the rights presented in this article 5.4, and only for distance sales on the internet.

5.4.1 Termination of the contract

In the event of failure by the Seller to fulfill its delivery obligation on the date or at the expiration of the period provided for above, the Customer may resolve the contract, under the conditions of articles L. 216-2, L. 216-3 and L. 216-4 of the Consumer Code, by registered letter with acknowledgment of receipt or in writing on another durable medium, if, after having ordered, according to the same terms, the professional to make the delivery or to provide the service within a reasonable additional period, the latter has not carried out within this period.

The contract is considered terminated upon receipt by the professional of the letter or writing informing him of this resolution, unless the professional has complied in the meantime.

However, the Client may immediately terminate the contract when the professional refuses to deliver the Good or when he does not fulfill his obligation to deliver the Good on the scheduled date, if this date or this deadline constitutes for the Client an essential condition of the contract. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request from the consumer before the conclusion of the contract.

5.4.2 Transfer of ownership and risks

The transfer of ownership of the Products to the benefit of the Customer only takes place upon full payment of the price.

The risks of loss and damage to the Products ordered are transferred to the Customer at the time of delivery.

5.4.3 Right of withdrawal

For sales and only when the Product is intact: it has not been adjusted, modified or heavily personalized by the Customer, in accordance with the provisions of article L222-7 of the Consumer Code, the Customer has a period of 14 calendar days from receipt of the Product to exercise his right of withdrawal from the Seller, without having to justify reasons or to pay a penalty.

The Customer must return or return the Product to the Seller within a maximum period of 14 calendar days following communication of their decision to withdraw.

Exercise of the right of withdrawal

In order to exercise his right of withdrawal, the Customer may use either:

the withdrawal form (reproduced in Appendix 1 hereof and received with the package by post) by returning it to the following address: 1 Rue Monge, 38320 EYBENS;
an unambiguous statement (for example, letter sent by post, or email). The paper declaration must be sent to: 1 Rue Monge, 38320 EYBENS.

If the Customer uses electronic means, the Seller will immediately send him an acknowledgment of receipt of the withdrawal on a durable medium (for example, by email).

Any Product must be returned in new condition, in its original packaging. The return of the Products must be made by post, to the following address: 1 Rue Monge, 38320 EYBENS.

Effects of withdrawal

In the event of exercising the right of withdrawal, the Seller will reimburse the Customer for all payments received from the latter, including delivery costs without undue delay and, in any event, no later than 14 days from receipt of the Product by the Seller. In accordance with Article L. 242-4 of the Consumer Code, when the Professional has not reimbursed the sums paid by the Consumer, the sums due are automatically increased according to the terms provided for by the said code. of a valid withdrawal.

5.4.4 Legal guarantees

The Seller guarantees all Products the legal guarantee of conformity and the legal guarantee of hidden defects as recalled in this article and by articles L. 217-4, L. 217-5 and L. 217-12 of the Consumer Code and 1641 and 1648 of the Civil Code reproduced in the Appendix 2, provided that the use has been normal and the maintenance advice has been followed.

When acting under the legal guarantee of conformity, the Customer:

benefits from a period of two years from delivery of the product to act;
may choose between repair or replacement of the good, provided that the Customer's choice does not result in a cost that is manifestly disproportionate with regard to the other modality, taking into account given the value of the goods or the importance of the defect;
is exempt from providing proof of the existence of the lack of conformity of the goods during the six (6) months following delivery of the goods. In addition, the legal guarantee of conformity applies independently of any commercial guarantee granted.

The Customer may decide to implement the guarantee against hidden defects in the item sold within the meaning of article 1641 of the civil code. In this case, the Customer can choose between canceling the sale or reducing the sale price in accordance with article 1644 of the civil code.

Return costs will be at the Customer's expense, and can only be reimbursed if the Seller's liability is incurred under the guarantee. Reimbursement will be made by credit to the Customer's bank account. The Seller's guarantee is limited to the reimbursement of the Goods actually paid for by the Customer.

Please note that in the event of a professional purchase, while the Customer is informed of his declared status as a Consumer, the Seller cannot be held responsible for any damage that may arise from the purchase or use of the Product.

6. Liability – guarantee

The Seller guarantees the Customer, in accordance with legal provisions, against any lack of conformity or hidden defect, in accordance with the law.

7. Force majeure

In the event of force majeure, REXA reserves the right to cancel the Contract or postpone the delivery date of the Goods. By force majeure, we mean all unforeseeable, external and irresistible events which would prevent REXA from executing the Contract, including in particular total or partial strikes of postal services and means of transport and/or communications (bad weather, frost, strikes, health crisis, war, terrorism, etc.).

8. Severability

In the event that one of the provisions of these General Conditions becomes null and void, this will not affect the validity of the other provisions. The valueless provision will be replaced by a provision that comes as close as possible to the economic intent of the original provision.

9. Intellectual property rights

None of the provisions of this Agreement may be interpreted as conferring on one of the Parties a license over the brands, trade names, know-how and methodologies of the other. The REXA company may not use the Client's commercial and/or figurative brand for advertising and/or internal or external communication purposes unless expressly agreed by the latter.

Property of the site www.rexatools.com

All the elements constituting this site (texts, graphics, software, photographs, images, videos, sounds, plans, names, logos, brands, creations and various protectable works, databases, registered or not, and as well as the site itself its concept) are subject to French and international legislation on copyright and intellectual protection.

The company REXA is the owner of the intellectual property rights or holds the necessary rights on all the elements constituting the website www.rexatools.com.

It is prohibited to use, reproduce, represent, modify, adapt, translate, copy or distribute the elements of the site or the site itself in whole or in part, on any medium whatsoever without the express prior authorization of the company REXA. Any use not expressly authorized results in a violation of copyright and constitutes an infringement, which may incur civil and/or criminal liability for its author. REXA reserves the right to take legal action for this purpose.

10. Applicable law and competent jurisdiction – Professional customers

These General Conditions and the Contracts to which they apply will be governed by French law. ALL DISPUTES TO WHICH SALES OPERATIONS IN APPLICATION OF THESE GENERAL CONDITIONS COULD GIVE RISE, CONCERNING THEIR VALIDITY, THEIR INTERPRETATION, THEIR EXECUTION, THEIR RESOLUTION; THEIR CONSEQUENCES AND THEIR FOLLOW-UP AND WHICH COULD NOT HAVE BEEN RESOLVED AMICABLY BETWEEN THE REXA COMPANY AND THE CUSTOMER, WILL BE SUBMITTED TO THE COMPETENT COURTS OF GRENOBLE, EVEN IN THE EVENT OF A GUARANTEE APPEAL OR MULTIPLE DEFENDANTS.

11. Complaint – Mediation

Any complaint must be addressed to the Seller at the following address: REXA, 1 Rue Monge, 38320 EYBENS.

THE CONSUMER IS INFORMED THAT THEY MAY IN ANY CASE SEEK CONVENTIONAL MEDIATION, IN PARTICULAR TO THE CONSUMER MEDIATION COMMISSION (C. CONSUMPTION). ART. L 612-1) OR WITH EXISTING SECTORAL MEDIATION BODIES, OR ANY ALTERNATIVE METHOD OF SETTLEMENT OF DISPUTES (CONCILIATION, FOR EXAMPLE) IN THE EVENT OF DISPUTE.

12. Processing of personal data

12.1 – Processing of data:

The processing carried out by the company REXA has, in particular, the purposes of:

creating a prospect file (3 years),
creating and administering the Customer file (during the duration of the relationship),
managing relationships commercial (during the duration of the relationship),
provide services and sales (during the duration of the relationship),
exploit, administer and improve the website and the conduct of its activity in general (3 years),
comply with its legal and regulatory obligations and protect itself against any legal action (5 years),
comply with its financial, banking and accounting obligations (10 years),
protect its activity against fraud, money laundering, breach of trust, cyberattacks, and others criminal offenses in general (5 years).

The personal data of Customers processed for the above purposes are necessary for the execution of the contract, compliance with a legal obligation or, in the case of commercial prospecting, necessary for the pursuit of the legitimate interests of the company REXA and this while respecting the fundamental rights and freedoms of its Customers. The personal data collected allows REXA to personalize and continually improve the commercial relationship with its Customers in order to offer them the most suitable and relevant offers.

The Customer's personal data may be kept for the period necessary to achieve the purpose for which they were collected as mentioned above. They will then be deleted or anonymized. As an exception, this data may be archived to manage complaints and disputes in progress as well as to meet the legal and/or regulatory obligations of the company REXA.

12.2 – Communication to third parties:

REXA does not transfer or sell any personal data collected for marketing purposes. Data transferred to third parties will only be used for the purpose of providing the service. Consequently, the signatory hereof authorizes REXA to communicate this information to its partners and subcontractors, as necessary and within the limits necessary for the performance of the service.

12.3 – Customer Rights:

Any natural person concerned has a right of access and rectification, erasure, limitation of processing, as well as the right to portability of their data. Any person may also object at any time, for reasons relating to their particular situation, to this personal data being processed.It is specified that the exercise of certain of these rights may result in the Seller being unable to provide the service on a case-by-case basis. Customers can also, at any time and free of charge, without having to justify their request, object to this data being used for commercial prospecting purposes.

The Customer can exercise their rights by contacting the personal data protection delegate by contacting:

by email to the following address: [complete email address]
or by post to the following address: REXA, 1 rue Monge, 38320 EYBENS.

The Customer must specify the subject of their request and accompany it with a copy of a valid identity document. The Customer is also informed that he has the right to lodge a complaint with the Commission Nationale de l'Informatique et des Libertés (CNIL), the supervisory authority responsible for compliance with obligations regarding personal data.

13. Pre-contractual information - Customer Acceptance

The Customer acknowledges having had communication, prior to placing his order and concluding the contract, in a clear and understandable manner, of these General Conditions of Sale and all the information listed in article L.221-5 of the Consumer Code. The fact for a Customer to order - remotely or not - a Product implies full and complete adherence and acceptance of these General Conditions and obligation to pay for the order, which is expressly recognized by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the company REXA.

ANNEXES TO BE ATTACHED TO ALL ORDERS

ANNEX 1: MODEL WITHDRAWAL FORM

ANNEX 2: PROVISIONS RELATING TO THE LEGAL GUARANTEE

Reproductions of articles L. 217-4, L. 217-5 and L. 217-12 of the Consumer Code and 1641 and 1648 of the Civil Code

Article L. 217-4 of the Consumer Code

The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also responsible for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been made his responsibility by the contract or has been carried out under his responsibility.

Article L. 217-5 of the Consumer Code

To comply with the contract, the good must:

Be suitable for the use usually expected of a similar good and, where applicable:
- correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or of model;
- present the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;
Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

Article L. 217-12 of the Consumer Code

Action resulting from lack of conformity is prescribed two years from delivery of the goods.

Article 1641 of the Civil Code

The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would have only given a lower price, if he had known about them.

Article 1648 paragraph 1 of the Civil Code

Action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.