Preamble

The following General Terms and Conditions of Sale (hereinafter referred to as the "CGV") govern the contractual relations between the company called "SOCIETE DE DISTRIBUTION OF MECANICAL BODIES", limited liability company united to the capital of 500.010 Euros whose head office is located 259 Chemin des Clapiers 83220 LE PRADET, registered in the Register of Trade and the Companies of TOULON.

The Company and the Customer, below, individually designated a "Party" and, together, "Parties".

The Company operates on the Site a marketing activity, in France and abroad, of transmission bodies intended for industry and for all terrestrial, marine or air vehicles and any related services (hereinafter referred to as the “Product” or “Products”).

Article 1 – Subject

The purpose of these CGVs is to inform the Customer of the characteristics of the Products marketed on the Site by the Company, as well as to define the rights and obligations of the Parties relating to the sale of Products by the Company to the Customer on the Site.

They complement the legal and regulatory provisions in force, the General Terms and Conditions of Use (the CGU) and the privacy policy and use of cookies also available on the Site.

They also extend to any purchase made directly from the commercial service without the use of the Site.

Article 2 – Scope of application

These VGCs apply in full right to any sale of the Products defined above.

The sale is deemed to be entered into on the date of acceptance of the order by the Corporation.

Prior to that date, and in accordance with the provisions of L. 112-1, L. 112-2 and L. 141-1 of the Consumer Code, these GTCs are made available to the Customer for information on the Site and through the commercial service.

By using the Site or by placing an order on it or directly with the commercial service, the Customer fully accepts these GTCs, which he acknowledges to have previously taken notice of his order.

Article 3 – Order

3.1. Implementation of an order

In accordance with Article L. 111-1 of the Consumer Code, the Customer may, prior to ordering, be aware of the essential characteristics of the product(s) marketed by the Company on the Site or directly to the commercial service.

Any order made by the Customer on the Site shall be subject to the express acceptance of these Terms and Conditions that the Customer manifests by checking the box in question before making the payment.

By placing an order on the Site, the Customer claims to be more than eighteen (18) years old and has the capacity to enter into contracts. In no case can the Company be held responsible for the lack of capacity of the Customer.

The Customer can make an order on the Site as a “Customer in Account” – it will then be Customers who already have an account with the Company and whose payment methods defined below vary (infra article 4.3)

To complete an order, the Customer must follow the online purchase procedure by following the following steps:

  • Selection by the Customer of the product(s) he wishes to buy as well as their quantity,
  • Validation by the Customer of the selected products(s)
  • Informed by the Customer of his personal data, including his or her identity (name, name or name), his or her postal address, email address, telephone number etc.,
  • Validation by the Customer of the invoicing address, place and mode of delivery as well as the method of payment chosen,
  • Information on essential features and price is reminded to the Customer,
  • Validation by the Customer of the information entered,
  • Reading and acceptance by the Customer of the CGV,
  • Final validation of the order by the Customer by confirmation of payment.

The final validation of the order and the payment of it takes full acceptance by the Customer of all the data of the order.

Any order reached to the Corporation is deemed firm and final. In no case shall it be subject to cancellation by the Customer, subject to the exercise of his right of withdrawal under the following conditions defined (infra article 7).

3.2. Availability of Products

Any order made on the Site is subject to the availability of the Products

The Company reserves the right to supply or not the Products that are no longer in stock on the Site.

3.3. Validation of the order by the Company

Once the order is made by the Customer, an order number is sent to the Customer by sending a confirmation e-mail confirming receipt of the order by the Company (hereafter the Order Confirmation).

The Order Confirmation also includes all the information provided by the Customer and a summary of the product(s) ordered

The Customer is informed beforehand that exceptional circumstances, including a manufacturing, stock or payment problem, may require the Company to refuse the processing of an order notwithstanding the Order Confirmation that would have been addressed to the Customer.

In the absence of a failure, the Customer will then receive a second e-mail confirming the processing of the order and the preparation of the order (hereafter the “Confirmation of Treatment and Preparation”) or indicating the cancellation of the order (hereafter the “Annulation of the Order”) because of a stock of one or more Products or for one of the following reasons stated.

In the event of the Company’s Confirmation of Treatment and Preparation, an e-mail will be sent to the Customer, which will allow him to follow his order

3.4. Cancellation or refusal of an order by the Company

The Corporation reserves the right to cancel or refuse one or more orders in the following cases:

  • In the event of stock shortages,
  • In case of incomplete or inaccurate information provided by the Customer
  • In case of dispute with the Customer about a previous order,
  • In case of non-compliance with the Company's policy on the Site,
  • In the event of non-compliance with existing legal and regulatory provisions,
  • In case of payment impact,
  • For any other legitimate reason.

3.5. Proof of order

In accordance with Article 1366 of the Civil Code, e-mails sent by the Company to the e-mail address provided by the Customer shall be held in full right between the Parties.

Any information recorded on the Site, including the nature and date of the order, shall be subject to full right

Article 4 – Price, reduction, payment and billing

4.1. Price

Any purchase made on the Site or directly to the commercial service is subject to the value added tax (T.V.A) at the rate legally in effect on the day of sale.

The price of the Products marketed is that displayed on the Site. It will appear in T.T.C.

In the event of a manifest error on the price on the Site, the Company reserves the right to cancel the order and refund all amounts paid by the Customer.

The prices may be changed at any time by the Company on the Site, without this modification having effect on the orders for which an Expedition Confirmation has already been sent to the Customer.

4.2. Reduction

Any reduction offer proposed by the Corporation, in accordance with the applicable legal and regulatory provisions, is valid only for the duration and under the conditions available on the Site

Each offer concerns only one specific product and cannot be generalized to the entire Site.

4.3. Payment

Timelines and means of payment vary according to the following:

Generally, Customers must pay cash at the time of the order using a Bank Card (Blue Card, Visa, Mastercard, American Express, Apple Pay, Bancontact).

Customers who have an account with the Company (here and below "Customer in Account") may request a deferred payment by bank transfer or bank transfer with a payment period of thirty (30) or forty-five (45) days

The Customer wishing to benefit from the quality of Client in Account must apply directly to the Company's commercial service

Payments by PayPal are not allowed

Payment by bank cheque is strictly refused.

Bank data provided by the Customer will be encrypted to reduce interception by a third party

Any transaction by credit card is subject to prior validity check and authorization from the issuing agency of these cards.

If no payment authorization is required, the Company will not be held responsible for the delay or default of delivery of the Products

The various means of payment are not cumulative between them.

The Company reserves the right to cancel any order in the event of a payment failure and this notwithstanding the Customer’s receipt of a Order Confirmation; a Processing and Preparation Confirmation and an Expedition Confirmation?

4.4. Billing

An invoice is established for each order and will be sent to the Customer in electronic format

It may be directly accessible at any time by the Customer in his personal space on the Site in the "My Account" section.

Disputes relating to invoices must be notified to the Corporation by e-mail within 10 (10) calendar days of receipt to the following address: info@dom-france.fr.

After this period, they will be considered accepted without reservation

Article 5 – Delivery

5.1. Delivery time

Only orders whose delivery is made in France are available on the Site. Customers wishing to be delivered abroad must contact the commercial service directly.

Any order may be made for a delivery address distinct from the invoice address provided by the Customer.

The Products are delivered to the delivery address entered by the Customer within the time specified on the Expedition Confirmation. This period remains purely indicative. The Company will endeavour to deliver the Products ordered within a maximum period of thirty (30) days from the Order Confirmation.

Delivery to the place indicated by the Customer may be made by service providers (hereinafter the "Transporter") mandated by the Company.

In any event, the Company shall not be liable in any event for failures attributable to the Carrier.

It will also not be responsible for the impossibility of delivery due to the place chosen by the Customer.

Delivery will be considered to be carried out by the transfer to the Customer of the physical possession and control of the Product. This material possession is manifested by the receipt of the Product by the Customer or by a third party designated by the Customer.

The Customer is informed beforehand that delays in delivery may, however, occur in the event of unforeseen or exceptional circumstances.

In accordance with the provisions of Articles L. 216-1 and L. 216-6 of the Consumer Code, in the event of delay in delivery within the time limit (a maximum of thirty (30) days), the Customer may resolve the contract after informing the Company of that failure and after having made the contract within a reasonable time. The sales contract will then be considered to be resolved at the Company’s receipt of this resolution, unless it has been executed in the meantime.

In the event of a resolution of the contract of sale under the conditions specified above, the Company will refund to the Customer the full amount paid by the Customer using the same payment method as the one used by the Customer for the initial transaction, unless otherwise expressly agreed by the Customer.

5.2. Delivery costs

The shipping costs remain at the exclusive charge of the Customer and vary depending on the mode of delivery chosen by the Customer and the total weight of the package.

The withdrawal of any order by the Customer directly to the Company’s warehouse is free.

Deliveries in France to the address desired by the Customer are made only by the TNT/FedEx Carrier.

Article 6 Transfer of risk and ownership of products

6.1. Risk transfer

The transfer of the risk of loss or damage to the Products shall take place from the material possession of the Product by the Customer or by a third party designated by the Customer.

Upon receipt of the Product, it is up to the Customer or the third party designated by him to verify, without delay, the conformity and integrity of the product(s) shipped.

In the event of disputes concerning apparent damage to the Product, the Customer shall immediately inform the Company in writing, in which the order number must be included, by providing a complete and precise description of the damage accompanied by one or more photos attesting to the veracity of its statements

6.2. Transfer of ownership

The transfer of ownership will only be made for the benefit of the Customer from the full payment of the price, including the delivery costs, or from the date of delivery if it comes after the payment.

Article 7 Legal right of withdrawal

Subject to the exceptions provided by Article L. 221-28 of the Consumer Code, the Customer shall, in accordance with Article L. 221-18 of the same Code, have a period of fourteen (14) working days from the receipt of the product(s) by the Customer or a third party designated by the Customer, other than the Carrier, to exercise his right of withdrawal without having to justify his decision.

In the event of a plurality of Products delivered separately or in the case of an order made up of lots or multiple pieces whose delivery is spread over a specified period, the short period from the receipt of the last Product or lot or the last piece.

To assert its right of withdrawal, the Customer must inform the Company by an unequivocal written statement by e-mail with a request for an acknowledgement of receipt at the address: info@dom-france.fr or by registered letter with a request for notice of receipt at the address: SARL D.O.M, 259 Chemin des Clapiers 83220 LE PRADET

For this purpose, a letter of withdrawal is available to the Customer in the annex below

The Customer must return to the Company the complete product(s), in perfect condition and in their original packaging, without excessive delay and, no later than fourteen (14) days after the communication of its decision to withdraw.

The Corporation reserves the right to refuse any return to the aforementioned legal provisions and deadlines.

When the right of withdrawal is exercised, the Company shall reimburse the Customer in accordance with the provisions of the articles L. 221-24 of the Consumer Code, of all amounts paid, including shipping costs, without undue delay and no later than fourteen (14) days from the date on which it is informed of the Customer's decision to withdraw. This period may be delayed until the Customer has provided proof of the shipment of the product(s)

The Company makes this refund using the same payment method as that used by the Customer for the initial transaction, unless otherwise expressly agreed by the Customer.

Article 8 Retention of contract

In accordance with Article L. 213-1 of the Consumer Code, the Corporation shall, for a period of ten (10) years from the date of delivery, retain all written documents that acknowledge the contract of sale entered into electronically between the Parties as long as an order relates to an amount equal to or greater than one hundred and twenty (120) Euros. The Customer may then request a copy of such documents at any time from the Company by e-mail at info@dom-france.fr.

Article 9 Legal guarantees of compliance and hidden defects

9.1. Timelines and definitions

The Customer shall be guaranteed the legal guarantee of compliance under articles L. 217-3 et seq. of the Consumer Code and the legal guarantee of hidden defects within the meaning of articles 1641 et seq. of the Civil Code.

9.1.1. Legal compliance guarantee

The Corporation shall respond to defects in conformity that exist at the time of issuance of the Product that appear within two (2) years from the time of issue.

In accordance with the provisions of Article L. 217-7 of the Consumer Code, compliance defects are presumed to exist at the time of issue of the Product if they appear within twenty-four (24) months for the New Products and within twelve (12) months for the Used Products, unless otherwise proven.

Deficiency definition:

Well unfit for the usually expected use of a similar property, although it does not correspond to the description given by the seller even if it works perfectly, although it does not have the qualities announced by the seller or agreed with the buyer, although it presents a manufacturing defect, imperfection, a bad assembly, installation that has not been done correctly by the seller or installation manual incomplete or incomprehensible to properly install the equipment.

9.1.2. The legal guarantee of hidden defects

In accordance with article 1648 of the Civil Code, the action resulting from hidden defects must be brought by the Customer within two (2) years from the discovery of the vice

Definition of hidden vice:

Hidden defects of the thing sold that make it unfit for the use to which it is destined or that so diminish this use that the buyer would not have acquired it, or would have given it only a lesser price, if he had known them

9.2. Implementation of safeguards

In the event of implementation of the legal guarantee of compliance or the legal guarantee of hidden defects, the Customer may contact the Company in writing at info@dom-france.fr or at the postal address: SARL D.O.M, 259 Chemin des Clapiers 83220 LE PRADET

In the event of failure to comply, the Customer may request the repair of the Product or its replacement. However, if the repair or replacement of the Product is impossible or if it results in a clearly disproportionate cost to the Company, the Company may decide the resolution of the sale contract and, if necessary, make the full refund of the sums paid by the Customer, in charge of the Customer to return the Defective Product no later than fourteen (14) days from the notification of its decision by the Company.

In case of hidden defects of the Product, the Customer can return the Product and be returned to the entire price or keep the Product and request a partial refund of the price

Any refund will be made by the Company using the same payment method as that used by the Customer for the initial transaction, unless otherwise expressly agreed by the Customer.

Article 10 – Limitation of liability

The Corporation may partially or in full exonerate its liability by providing evidence that the failure to perform or the wrong execution of the contract is attributable to the Customer or the result of a third party, an unpredictable event or a case of force majeure.

Article 11 – Non-renunciation

The Corporation reserves the right to waive the strict realization of any of the provisions of the VGCs. This right of forbearance does not, in any case, constitute a waiver or limitation of its rights or remedies arising from the transaction and these GTCs.

In any event, the Customer cannot, at any time, waive its obligations and the Company may at any time enjoin the Customer to comply with its commitments.

Article 12 Partial impairment

The possible cancellation of any of the clauses of these VGCs shall not affect its other provisions that will continue to have their full and complete effect, except that the contentious stipulation may be considered, in the spirit of both Parties and/or the other, as substantial and determinant and that its cancellation jeopardizes the general balance of VGCs under the law.

Article 13 – Changes to VGCs

The Corporation reserves the right to modify and revise these VTCs at any time.

Subject to a retroactive effect resulting from the law or the competent authorities, the applicable GTCs are those that the Customer accepts at the time of the order

Article 14 Intellectual property

In any event, all copyrights, trademarks and other intellectual property rights relating to any information contained on the Site remain the exclusive property of the Corporation.

The entire content of the Site, without any exceptions or reservations, remains the exclusive property of the Corporation.

In no case shall their disclosure by the Company be construed as any right of use by the Customer or third parties

Thus any copy, reproduction, republication, transmission, distribution and use in any way, documents from the Site are expressly prohibited

Article 15 Personal data

The Company shall process the personal data provided by the Customers in strict compliance with the French legal provisions and European data protection regulations.

Article 16 Customer service

The Company shall provide the Customer with an accessible customer relationship service during the working hours provided on the Site and the contact information shall be as follows:

? : 04.98.01.65.00

? : info@dom-france.fr

? : SARL D.O.M, 259 Chemin des Clapiers 83220 LE PRADET

Article 17 – Mediation

Any dispute between the Company and the Client shall be the subject of mediation in advance under the conditions defined by law

Article 18 – Applicable Legislation and Jurisdiction

The use of the Site, the contract of sale, these CGVs and any other elements accessible on the Site are governed by French law.

In the absence of an amicable agreement between the Parties, any dispute arising out of or related to the use of the Site, the contract of sale, these CGVs or any other element accessible on the Site shall be subject to the jurisdiction of the French courts territorially competent, unless the legal provisions are contrary to the mandatory jurisdiction of a foreign jurisdiction.

Done to the PRADET

19 September 2023

Annex

Model letter for the Customer's withdrawal:

Letter to be sent in recommended with request for notice of receipt to the seller or by email with acknowledgement of receipt.

First name and name of the Customer

His address

Postal code - City

To:

Company name

Address of the recipient

Postal code - City

To..

Ma'am, sir,

The ... (indicate the date on the Order Confirmation), I ordered ... (Product designation) that you delivered me the ... (delivery date).

In accordance with Article L. 221-18 of the Consumer Code, I exercise my right of withdrawal.

As a result, I beg you to return me as soon as possible and no later than fourteen (14) days after receipt of the present, the sum of ... Euros that I have paid you during my order, in accordance with the provisions of article L. 221-24 of the Consumer Code.

Please find attached (indicate the returned product) that I return to you.

Please believe, Madam, sir, in the expression of my distinguished sentiments.

Signature of the Customer