Terms and conditions of sale

Article 1

1.1. Sales are made by AREX® (hereinafter referred to as “the Seller”) exclusively under the specific conditions outlined below and the present general terms and conditions. Any other clause or condition contrary to or different from those stated in purchase conditions, order forms, letters, or other documents issued by the Buyer shall be deemed void with respect to the Seller unless accepted in writing by the Seller.

1.2. The Buyer is deemed to have accepted the Seller’s specific and general sales conditions if no written objection is made within five clear days following the order.

Article 2

2.1. The Buyer’s order must always be made and confirmed in writing; the Seller may decline it at any time; it is accepted only subject to product availability.

2.2. The order placed by the Buyer with stipulation for future delivery upon the Buyer’s order within a certain period is recorded by the Seller only if the goods are available at the time of receipt of the delivery order from the Buyer; the order must, in all cases, reach the Seller before the deadline specified in the order. The goods held by the Seller pending the Buyer’s delivery order are at the Buyer’s own risk.

Article 3

3.1. The prices are indicative, and the goods delivered will be invoiced by the Seller according to the prevailing tariff on the day of shipment; furthermore, as the products sold are sourced from abroad, the price on the invoice may be revised based on any increase in the foreign currency exchange rate between the invoicing date and the actual payment date. Shipping is free for orders over three hundred euros.

3.2. Unless otherwise stipulated in the specific clauses, goods are sold for cash and payable to the bank account of AREX®.

3.3. In case of non-payment by the due date, any sum due will, without prior notice, automatically incur late payment interest at a rate of 1.5% per month of delay. This clause does not exempt the Buyer from their obligation to pay on time.

3.4. If the Seller has accepted installment payments, failure to pay any installment by the due date will, at the Seller’s discretion, automatically and without notice, make the remaining sums due immediately payable.

3.5. In the event of non-payment of an agreed installment, the Seller may terminate the sale automatically by sending a registered letter to the Buyer demanding payment of the outstanding amounts within 24 hours. In this case, the Buyer will immediately return the goods, and, if necessary, the Buyer authorizes the Seller to reclaim the goods from any location. Any deposits paid by the Buyer will be retained by the Seller until the damages owed are assessed.

3.6. If the Seller needs to take legal action to recover all or part of an invoice, the Buyer will automatically owe a fixed compensation of 15% of the remaining sum due as of the date of service of the lawsuit notice, in addition to the legal costs.

Article 4

The Seller will make every effort to meet the delivery deadlines indicated. However, as the products are imported, these deadlines are purely indicative, and the Buyer may not cancel the order nor claim damages for any delay in delivery. If the delay exceeds two months, both the Buyer and Seller will agree on a new mandatory deadline, after which, if the goods are not delivered, the Buyer may cancel the order without compensation.

Article 5

The Seller may deliver goods in original packaging and/or conditioning, with quantities determined according to the measurement units in use in the manufacturing countries (ounces, pints, gallons, lbs…) which may differ from the agreed units. In such cases, the Seller may execute the order with a tolerance of 10% more or less than the quantities ordered. Billing will be based on the quantities actually delivered.

Article 6

Force majeure or any serious obstruction beyond the Seller’s control gives the Seller the right to either terminate the order or suspend its execution. The Seller must inform the Buyer of such an event. If it is a postal strike, the Chronopost fees incurred to mitigate the event will be charged to the Buyer.

Article 7

Goods and packaging always travel at the Buyer’s risk, even if sold Franco. It is the Buyer’s sole responsibility to inspect the goods upon delivery by the carrier and to take all necessary precautions and actions with the carrier and transport intermediaries to safeguard their rights in case of shortages, damage, or delays. The Buyer will keep the Seller informed.

Article 8

Defects in conformity or inherent flaws in the goods that are revealed by a careful examination and those only revealed during use must be reported by the Buyer in writing to the Seller within ten days for the first category and thirty days for the second, from the receipt of the goods. The alleged defect must be established through a joint examination, and in this case, the parties may agree to a price reduction. If no agreement is reached on this reduction, the Seller will have the option to either refund the price and any deposits paid by the Buyer or replace the defective goods. The Buyer is responsible for returning the goods at their own cost within eight days of the Seller’s request. The Seller’s warranty is strictly limited to the terms and conditions outlined above, and the Buyer may not request any further compensation for any cause or damage.

Article 9

Any information provided by the Seller or its representatives regarding the use, purpose, or application of the product is purely indicative, and in no way does it engage the Seller’s warranty or liability. It is the Buyer’s responsibility to determine whether the ordered product is suitable for the intended use. Furthermore, the Buyer assumes full responsibility for any loss or damage caused to goods or persons due to the handling or use of the product.

Article 10

Any container consigned by invoice remains the property of the Seller and may not be used for the transport or storage of any other foreign product. Any container must be emptied of its contents and returned to the shipping point within 60 days from the invoice date, shipping charges paid by the Buyer. The deposit will be refunded only if the container is found to be in good condition.

Article 11

The Seller expressly waives any express or implied warranty against patent infringement regarding the use of the products provided under these terms.

Article 12

The products marketed by AREX® are subject to various registered trademarks. The Buyer may refer to these trademarks, but must adhere to the applicable laws and conventions. The Buyer will clearly indicate the origin of the products and respect the property rights attached to these trademarks.

Article 13

Any dispute concerning the interpretation or execution of this contract will be subject to French law and the exclusive jurisdiction of the Paris Commercial Court.