General terms and conditions of sale

1. Scope of application:

These general terms and conditions of sale apply exclusively to professional customers. In accordance with the provisions of Article L. 441-6 of the Commercial Code, they take precedence over all conditions of purchase, except for special conditions of sale agreed between the parties.

They specify in particular the conditions of ordering, payment, delivery and management of any returns of Products ordered by Customers.

The Customer is required to read them before placing any order. The Customer is required to refer to the description of each Product in order to know its properties and essential characteristics. The choice and purchase of a Product is the sole responsibility of the Customer.

The Products on offer are subject to availability, as specified when the order is placed.

The Seller's contact details are as follows:

REPEX FLOOR S.A.S registered with the Créteil Trade and Companies Register under number: 390 758 548

2, Avenue des Roses

94380 Bonneuil-sur-Marne

Tel.: +33 (0)1 46 80 03 92

Email address Commercial management: rpx(at)repex.fr

These General Terms and Conditions of Sale are accessible at any time on the website www.repex.fr and shall prevail, where applicable, over any other version or any other contradictory document.

As these General Terms and Conditions of Sale may be subject to subsequent amendments, the version applicable to the Customer's purchase is the one in force on the website on the date the order is placed.

Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.

In accordance with Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, the company REPEX FLOOR has set up a personal data processing system for the purpose of selling and delivering products and services. The Customer has the right to access, rectify and object to all his/her personal data at any time by writing, by post and with proof of identity, to REPEX FLOOR SAS – Mr Philippe ECRAN - 2, Avenue des Roses - 94380 Bonneuil-sur-Marne.

The data stored comes from the information requested when placing the order. It is necessary for the preparation of the invoice (legal obligation) and the delivery of the goods ordered, without which the order cannot be processed. No automated decision-making or profiling is used in the ordering process. No data transfer outside the EU is planned.

The data is kept for the duration of the commercial relationship and the customer has the right to access the data concerning him/her, to rectify or erase it, or to limit its processing, or the right to object to the processing and the right to the portability of his/her data.

The customer has the right to lodge a complaint with a supervisory authority.

2. Opening a customer account:

To open a company account, the customer must submit a request to REPEX FLOOR SAS. This request must take the form of a duly completed account opening request (form available on request), including the company name, the name of the contact person, their department, their contact details (address, telephone, fax, etc.) as well as its intra-community VAT number and its SIRET number, accompanied by a bank details form (with IBAN and BIC), a Kbis extract less than three months old and a copy of the company accounts (balance sheet and profit and loss account) for the company's last completed financial year. Incomplete files will not be processed.

REPEX FLOOR SAS is not required to justify its decision, refusal or acceptance. It reserves the right to make changes to the payment terms. Any invoice not paid by its due date will incur a late payment charge of three times the legal rate. Failure to pay an invoice by its due date will automatically result in the remaining sums becoming payable and the account being suspended. If it is impossible to cover the instalment, please notify us at least one week in advance, so that this incident does not affect our business relationship.

3. Orders:

Any order confirmed by the Customer implies express acceptance of the prices displayed and the descriptions of the products available for sale. In addition, the Customer declares that he has read these General Terms and Conditions of Sale prior to placing his order. The validation of the order implies acceptance of these General Terms and Conditions of Sale.

Orders must include the customer's details (company name, first name, surname, telephone number and email address). REPEX FLOOR SAS will inform the customer in the event of product unavailability, delayed delivery, etc. A processing fee of €15 excluding VAT will be charged for all orders under €50 excluding VAT. Any cancellation of an order by the customer must be confirmed in writing.

Product offers are valid as long as they are visible on the site, while stocks last.

Prices do not include handling, shipping, transport and delivery costs, which are invoiced in addition. The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.

4. Products:

All specifications, illustrations and indications of weight, size or capacity, and all other details contained in the publications are intended solely as a general description of the products and shall not be deemed to constitute a contractual commitment on the part of REPEX FLOOR SAS.

REPEX FLOOR SAS reserves the right to cease marketing any product offered to the buyer appearing on the price list or commercial documents and/or to modify the characteristics of these products at any time, without any notice and without giving the right to payment of any damages.

5. Delivery:

All orders placed will be delivered within 1 week (D+5 working days) to the address provided by the customer, subject to stock availability and special cases. Our prices are ex-works and are payable by the customer.

Delivery times are provided for information purposes only and failure to meet them shall not under any circumstances result in the cancellation of the sale or the payment of damages.

6. Prices and payment terms:

Prices are quoted in euros excluding taxes, plus VAT. REPEX FLOOR SAS reserves the right to modify them at any time. The prices listed in the catalogue and on our sales media are given as an indication.

Payments are understood to be made at the time of order for orders dispatched, or on delivery in the case of collection from a REPEX FLOOR point of sale, by bank card or bank transfer, except in special cases subject to a specific commercial agreement.

REPEX FLOOR SAS does not grant any discount for early payment. In the event of late payment, a penalty equal to 10 times the legal interest rate will be payable (Article L 441-10 of the Commercial Code).

In addition to the late payment penalties, any sum, including the deposit, not paid by the due date shall automatically incur a fixed penalty of 40 euros due for recovery costs (Art. L441-10 and D. 441-5 of the Commercial Code). In the event of late payment, the customer shall forfeit the benefit of the term and REPEX FLOOR SAS may demand immediate payment of the balance of the outstanding amount.

Similarly, in the event of any unpaid invoice being placed for collection, the customer shall bear all costs incurred by REPEX FLOOR SAS for the collection of the sums due and REPEX FLOOR SAS may, in addition, claim a penalty clause from the customer amounting to 20% of the balance remaining due, in addition to legal indemnities and penalties.

7. Retention of title and transfer of risk:

The goods are sold subject to retention of title in accordance with Article 2367 of the Civil Code and L624-16 of the Commercial Code. REPEX FLOOR SAS retains full ownership of the goods sold until full payment of the invoices (price and accessories). Furthermore, REPEX FLOOR SAS reserves the right, with or without prior notice, to suspend the customer's current orders until the latter has paid the sums due, and to repossess the delivered equipment.

In the event of a dispute or challenge on the part of the customer, no compensation of any kind may call into question the retention of title clause.

This provision does not prevent the transfer to the customer, upon delivery, of the risks of loss and deterioration of the goods sold, as well as any damage they may cause.

8. Deadlines, returns, disputes, challenges:

The customer must ensure at the time of delivery, in the presence of the carrier, that the packages show no sign of suffering, debris or break-in and that the number of packages corresponds to that mentioned on the transport documents.

The customer must mention any reservations on the transport documents and notify the carrier of them, in accordance with Article L. 133-3 of the Commercial Code, by registered letter with acknowledgement of receipt no later than three days after delivery, with a copy sent to REPEX FLOOR SAS. Otherwise, no complaint can be accepted by REPEX FLOOR SAS.

All complaints must include details of the use of the item and a copy of the invoice.

In the event that all or part of the order has to be returned to the REPEX FLOOR SAS factory, this return can only be made with the express agreement of REPEX FLOOR SAS, shipping costs to be paid by the sender, within a maximum period of 10 days from the date of receipt of the goods at the customer's premises.

The products must be returned in their original undamaged packaging (otherwise the return cannot be accepted), accompanied by the REPEX FLOOR SAS file number and the corresponding delivery note or invoice, within a maximum of 5 days from the acceptance of the return by REPEX FLOOR, otherwise the return agreement will become null and void.

Returned products are subject to a quality control before any decision is made.

Unless specifically agreed between REPEX FLOOR SAS and the customer, items not stocked by REPEX FLOOR SAS (special orders) cannot be cancelled or returned, except in the case of defective products.

9. Warranty:

Goods sold are guaranteed against any functional defect resulting from a material, manufacturing or design fault for a period of one year from the date of invoice, subject to the product being used as intended by the customer and provided that the fault has been reported within the time limits indicated in paragraph 8 of these terms and conditions of sale. Liability is limited solely to goods supplied by REPEX FLOOR SAS and does not apply to damage, injury or loss of income resulting from a defective component. We accept no liability in the event of inappropriate, unprofessional or incorrect use of the goods by the buyer or third parties, natural wear and tear, incorrect or negligent treatment, in particular due to excessive stress or strain, replacement materials and chemical or electrical influences. The use of the goods supplied must comply with the technical recommendations of REPEX FLOOR SAS. The warranty is thus excluded if the defect results from a modification of the product, negligence or lack of maintenance of the product by the customer. Products returned under warranty are subject to quality control before any decision is made.

For machines, the warranty is limited to parts and labour after return to the factory and subject to an expert assessment engaging the responsibility of REPEX FLOOR SAS under the warranty.

Our warranty is limited to the repair or, at the discretion of REPEX FLOOR SAS, the replacement of equipment recognised as defective by our technical department.

REPEX FLOOR SAS shall in no way be obliged to repair the damage caused by this defect, including, in particular, the unavailability of the equipment during the repair or replacement period.

The warranty does not extend to the time required for repair, transformation or replacement of equipment.

10. After-sales service:

REPEX FLOOR offers a machine repair service, exclusively for all brands, in its workshops. Upon receipt of a machine to be maintained or repaired in its workshops, if it deems the work feasible, REPEX FLOOR will draw up an estimate within a maximum of 5 days. Only after formal acceptance (in writing) of this estimate will REPEX FLOOR communicate a deadline for completion of the work.

When the work is completed, REPEX FLOOR will notify the customer, who must then come and collect their equipment within a maximum period of one month. After this period, if the customer has not come to collect their equipment, REPEX FLOOR will charge storage fees in addition to the cost of the repairs.

If the customer has not collected the equipment six months after it was deposited, it may be sold or destroyed by REPEX FLOOR SAS, depending on its condition.

11. Force majeure and cancellation clause:

REPEX FLOOR SAS cannot be held responsible for delays or failure to fulfil its obligations in the event of force majeure, in particular in the event of natural disasters, bad weather, fire, explosion, flood, national strike, accident, riot or civil unrest, abnormal delays caused by the supplier, or product and material shortages.

12. Infringement of regulations on patents or registered designs:

The customer shall compensate REPEX FLOOR SAS for any penalty and costs to which REPEX FLOOR SAS may be exposed as a result of work carried out according to specifications with registered patents or models.

13. Attribution of competence:

All disputes arising from sales transactions subject to these general terms and conditions of sale shall fall under the exclusive jurisdiction of the Commercial Court of CRETEIL (94).