Application of the CVG
These general terms and conditions apply to sales concluded between HEXAGONE, a company with a capital of 5,000 euros, registered with the RCS of LYON under number 953 683 091, whose registered office is located at 1 Chemin du Tronchon – 69570, Dardilly, France (the “Seller”), and the Buyer (the “Buyer”), whether based in France or abroad. The GTC translated into English are available upon request and are binding for international transactions.
Pursuant to Article L.441-1 of the French Commercial Code, it is recalled that the general conditions of sale constitute the sole basis for commercial negotiations.
Product Compliance and Responsibilities
The Seller guarantees that the products comply with the technical data sheets and standards in force in the European Union. For export sales, it is the Buyer's responsibility to verify the products' compliance with local regulations and to ensure any necessary approval procedures.
In the event of a defect or non-conformity, the Buyer must inform the Seller within 48 hours of receipt by registered letter with acknowledgment of receipt, or by any other equivalent means in the country concerned.
Returns
Any product return must be subject to a prior formal agreement between the Seller and the Buyer, evidenced by a return slip signed by the latter. In the absence of this agreement, any returned product would be kept at the disposal of the Buyer and would not give rise to a return by the Seller. Returned products must be, on the one hand, accompanied by a return slip, proof of purchase (invoice, delivery note) and on the other hand, be in the condition in which the carrier delivered them. No product will be taken back beyond a period of 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 note for the benefit of the Buyer, or in the replacement of the product after qualitative and quantitative verification of the returned products. Returns not in accordance with the above procedure will be penalized by the loss for the professional Buyer of the deposits he has paid. In any event, returns not in accordance with the above procedure will be penalized by the invoicing of all costs incurred by the Seller due to such products.
Guarantee
In the event of a manufacturing defect(s), HEXAGONE fire pits are covered by a warranty and will be replaced upon request by the buyer (return shipping costs at the buyer's expense). However, it is important to note that damage caused by normal wear and tear, improper use, modifications, or disassembly of the fire pit are not included in this warranty.
Steel warranty: The trays, bowls and feet of the HEXAGONE classic range braziers-planchas (corten and black) are guaranteed for life*.
Warranty on the black and colored coating of the PAUL BOCUSE collection: The colored coatings on the tanks and feet of the braziers-planchas are guaranteed for 2 years.
Tip: The longevity of the coating on the bowl and base of your brazier-plancha depends on where it is installed, due to climatic conditions and exposure to corrosion.
Here are the sustainability estimates based on the different areas:
Between 15 and 25 years if your fire pit is located in an environment with little corrosion exposure (Zone C2). This corresponds to rural areas or small towns with little pollution and humidity.
Between 7 and 15 years if the brazier is in a moderately corrosive environment (Zone C3), such as urban or industrial areas with moderate pollution and higher humidity.
Between 2 and 7 years if your brazier is located in a more aggressive area (Zone C4), for example near the sea, where the air contains a certain salinity which accelerates corrosion.
To maximize the lifespan of your fire pit, we recommend regular maintenance and storing it away when not in use, particularly with the HEXAGONE full cover, specially designed to protect it from the elements and limit exposure to the elements.
The term "for life" refers to the lifetime of the natural person who purchased the HEXAGONE item in question from the company HEXAGONE or an authorized reseller, hereinafter "the Buyer". The terms of application of this lifetime guarantee are detailed in the following paragraph.
Legal guarantees
Pursuant to Directive 99/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees, the Buyer has legal rights, such as the guarantee of conformity and the guarantee against hidden defects, the validity of which is not affected by this guarantee. In particular, under French law, the seller remains bound by the legal guarantee of conformity referred to in Articles L. 217-4 to L. 217-12 of the Consumer Code and that relating to defects in the item sold, under the conditions set out in Articles 1641 to 1648 and 2232 of the Civil Code, extracts of which are given below.
Article L217-4 of the Consumer Code: "The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable 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 L217-5 of the Consumer Code: “The good is in conformity with the contract: 1° If it is suitable for the use usually expected of a similar good and, where applicable: - if it corresponds to the description given by the seller and has the qualities that the latter has presented to the buyer in the form of a sample or model; - if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling; 2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.”
Article L217-12 of the Consumer Code “The action resulting from the lack of conformity is prescribed by two years from the delivery of the good.” Article L217-16 of the Consumer Code “When the buyer requests from the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of a movable good, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the request for intervention by the buyer or from the provision for repair of the good in question, if this provision is subsequent to the request for intervention.»
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 so much that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.”
Article 1648 paragraph 1 of the Civil Code: “The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.”
Name and address of the guarantor: HEXAGONE, Limited liability company with share capital of 5,000 euros, registered with the Lyon Trade and Companies Register under number 953 683 091.
Prices and VAT
Products are invoiced at the price in effect at the time of the order. For deliveries outside the European Union, prices are shown excluding taxes. The Buyer is responsible for any customs duties, local taxes, or other fees applicable in the destination country.
Validity of the offer
This proposal is valid for a period of 30 days from the date of establishment of this quote, due to supply difficulties and price increases. Beyond this period, HEXAGONE reserves the right to either maintain its initial offer or to submit a new proposal.
Applicable law and dispute resolution
These General Terms and Conditions are governed by French law. Any dispute relating to their interpretation or execution shall fall under the jurisdiction of the courts of LYON, unless otherwise stipulated or an amicable resolution agreement is reached.
For international transactions, any dispute will be submitted to the arbitration procedure of the International Chamber of Commerce (ICC), in accordance with its arbitration rules. The place of arbitration will be LYON, and the language of arbitration will be French or English, as requested by the parties.
Trademarks and other distinctive signs
The Brands, acronyms and graphics created by the Seller remain the exclusive property of the latter, and may not be used without prior agreement.
Retention of title clause
HEXAGONE expressly reserves ownership of the delivered goods until full payment of their price, including principal and interest. This clause also applies to international sales, subject to the mandatory provisions of local law.
The Buyer becomes responsible for the goods upon their physical delivery, the transfer of possession entailing the transfer of risks.
delivery time
HEXAGONE undertakes to make delivery within the time frame agreed between the parties when signing the quote.
Price reduction
No discount for any early payment.
Force majeure
The Seller shall not be liable for any delay or failure to perform its obligations due to force majeure, as defined in Incoterms 2020. This includes, but is not limited to, logistical disruptions, customs restrictions, or natural disasters in the countries of dispatch or receipt.
Payment terms
Unless otherwise agreed in the quote, payment will be made as follows: 100% upon order.
Data Protection (GDPR)
The information collected about the Customer is subject to computer processing carried out by HEXAGONE and is essential for processing the order.This information and personal data are also retained for security purposes, in order to comply with legal and regulatory obligations. They will be retained for as long as necessary for the execution of the work ordered and any guarantees that may apply upon completion of this work.
Access to personal data will be strictly limited to employees of the data controller, authorized to process it due to their duties. The information collected may possibly be communicated to third parties linked to the company by contract for the performance of subcontracted tasks, without the Client's authorization being required.
In accordance with Law No. 78-17 of January 6, 1978 relating to information technology, files and freedoms, as amended by Law No. 2004-801 of August 6, 2004, and by European Regulation No. 2016/.679, the Client has a right of access, rectification, erasure, and portability of data concerning him, as well as the right to oppose the processing for legitimate reasons, rights that he can exercise by contacting the data controller at the postal or e-mail address mentioned above, attaching proof of his valid identity.
In the event of a complaint, the customer can contact the National Commission for Information Technology and Civil Liberties (CNIL).
For sales within the European Union, data processing is in compliance with the General Data Protection Regulation (GDPR). For transactions outside the European Union, the Buyer is informed that their data may be transferred to countries offering a different level of protection, subject to appropriate safeguards.
Consumer mediation
The customer, in order to amicably resolve any dispute that arises, has the option of using an amicable settlement method such as mediation.
HEXAGONE will provide you with the name and contact details of its mediator upon first request.