Application of CVG
These general conditions apply to sales, with the exception of distance sales, concluded between HEXAGONE, a company with capital of 5,000 euros, registered with R.VSS. of LYON under number 953 683 091, whose head office is located at 1 Chemin du trunchon – 69570, Dardilly France. The individual VAT number of the publisher is: FR44953683091 (the “Seller”) and the buyer (the “Buyer”).
In application of article L.441-1 of the Commercial Code, it is recalled that the general conditions of sale constitute the sole basis of commercial negotiation. Unless otherwise agreed in writing, any order placed implies the Buyer's full and unreserved acceptance of these general conditions of sale (including any quote accepted by the Buyer), to the exclusion of all other documents such as prospectuses. , catalogs, issued by the Seller and which have only an indicative value. The Buyer therefore waives his own general conditions of purchase or any document emanating from him. No special conditions can, unless formal and written acceptance by the Seller, prevail over these general conditions of sale. The fact that the Seller does not take advantage of one or more of the stipulations of these general conditions cannot under any circumstances constitute a waiver on his part.
Product conformity
The Seller guarantees a product that complies with the product technical data sheets. Acceptance of the product constitutes final receipt by the Buyer. For the professional Buyer, proof of the quality defect and the Seller's responsibility must always be provided by the recipient or the Buyer. The Buyer must allow the Seller every opportunity to identify any defect, vice or anomaly. For the professional Buyer, any complaint or dispute of any nature whatsoever concerning an apparent or non-apparent defect, or non-conformity of the products, when the complaint is not linked to transport, must be notified to the Seller. by registered letter with acknowledgment of receipt within 48 hours of delivery or collection of the product. After this period, no complaints can be accepted by the Seller. Said complaints will only be accepted by the Seller if the Buyer has acted against the carrier in the required manner and in good time and the latter has exonerated itself from its liability by providing proof that the defect in the product is not of his doing. These complaints do not suspend payment by the Buyer for the products concerned. For the professional Buyer, it is formally agreed that the Seller will be exempt from any warranty due to hidden defects in the product sold. The Buyer undertakes to take all care in the care and conservation of the products.
Returns
Any product return must be the subject of a formal prior agreement between the Seller and the Buyer, materialized by a return slip signed by the latter. In the absence of this agreement, any returned product would be held at the disposal of the Buyer and would not give rise to recovery by the Seller. Returned products must be, on the one hand, accompanied by a return slip, proof of purchase (invoice, delivery slip) and, on the other hand, be in the condition in which the carrier delivered them. . No product will be taken back beyond 14 days from its delivery or collection date. Any return accepted by the Seller will result, at the latter's choice, either in the establishment of a credit for the benefit of the Buyer, or in the replacement of the product after qualitative and quantitative verification of the returned products. Returns that do not comply with the above procedure will be punished by the professional Buyer losing the deposits they have paid. In any case, returns that do not comply with the above procedure will be punished by the invoicing of all costs incurred by the Seller as a result of such products.
Price
The products are invoiced at the price in effect at the time the order is placed. The prices are exclusive of tax on the basis of the prices communicated to the Buyer, to which the VAT in force on the day of invoicing will be applied and do not cover transport costs which may be the responsibility of the Buyer.
Validity of the offer
This proposal is valid within 30 days from the date of establishment of this quote, taking into account supply difficulties and price increases. Beyond this, HEXAGONE reserves the right either to maintain its initial offer or to present a new proposal.
Marks and other distinctive signs
The Brands, acronyms and graphics composed by the Seller remain the exclusive property of the latter, and cannot be used without prior agreement
Retention of ownership clause
HEXAGONE expressly reserves ownership of the goods delivered until full payment of their price in principal and interest.
The buyer will become responsible for them as soon as they are physically handed over, the transfer of possession entailing that of risks.
Delivery time
HEXAGONE undertakes to deliver within the time frame agreed between the parties when signing the quote.
Price reduction
No discount for any early payment.
Force majeure
HEXAGONE is not responsible in particular in the event of fire, floods, interruption of the supply of energy, raw materials or spare parts, as well as total or partial strikes of any nature hindering the smooth running of the society, such as transport strikes, postal services.
The occurrence of a case of force majeure has the effect of suspending HEXAGONE's contractual obligations.
Payment conditions
Unless otherwise agreed in the quote, payment will be made as follows: 100% upon ordering.
GDPR
The information collected about the Customer is subject to computer processing carried out by HEXAGONE and is essential to the processing of his order. This information and personal data are also kept for security purposes, in order to comply with legal and regulatory obligations. They will be kept for as long as necessary for the execution of the work ordered and any guarantees applicable at the end of this work.
Access to personal data will be strictly limited to employees of the data controller, authorized to process them by reason of their functions. The information collected may possibly be communicated to third parties linked to the company by contract for the execution of subcontracted tasks, without the Client's authorization being necessary.
In accordance with Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms, as amended by Law No. 2004-801 of August 6, 2004, and by European Regulation No. °2016/.679, the Customer has a right of access, rectification, deletion, and portability of data concerning him, as well as the right to oppose the processing for legitimate reasons, rights which he can exercise in s addressed to the data controller at the postal or e-mail address mentioned above, attaching proof of valid identity.
In the event of a complaint, the customer can contact the National Commission for Information Technology and Liberties (CNIL).
Consumption mediation
To resolve any dispute amicably, the customer has the option of using an amicable settlement method such as mediation.
HEXAGONE will send you the name and contact details of its mediator upon first request.
Disputes
In the event of a dispute with HEXAGONE, the competent courts will be those within LYON's jurisdiction.