Application of CVGs
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 head 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 authentic for international transactions.
In application of article L.441-1 of the French Commercial Code, it is recalled that the general conditions of sale constitute the sole basis of commercial negotiation.
Product Compliance and Responsibilities
The Seller guarantees products that comply with the technical data sheets and standards in force in the European Union. For export sales, it is the Buyer's responsibility to check the conformity of the products 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 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 Buyer's disposal 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.
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 indicated excluding taxes. The Buyer is responsible for customs duties, local taxes or other charges applicable in the country of destination.
Validity of the offer
This proposal is valid for a period of 30 days from the date of establishment of this estimate, in view of 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 be subject to the jurisdiction of the courts of LYON, unless otherwise stipulated or an amicable resolution is agreed.
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 goods delivered until full payment of their price, 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 period 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 the 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 ordering.
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 is also kept for security purposes, in order to comply with legal and regulatory obligations. It will be kept for as long as necessary for the execution of the work ordered and any guarantees that may apply at the end of this work.
Access to personal data will be strictly limited to employees of the data controller, authorized to process them due to their functions. The information collected may possibly be communicated to third parties linked to the company by contract for the performance of subcontracted tasks, without the authorization of the Client being necessary.
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 complies with the General Data Protection Regulation (GDPR). For transactions outside the European Union, the Buyer is informed that his/her data may be transferred to countries offering a different level of protection, subject to appropriate guarantees.
Consumer mediation
The customer, in order to amicably resolve any dispute that has arisen, has the possibility of using an amicable settlement method such as mediation.
HEXAGONE will send you the name and contact details of its mediator upon first request.