General Sales Conditions

General terms and conditions of sale

ARTICLE 1 : Scope and Object of General Terms and Conditions of Sale

1.1 - These General Terms and Conditions of Sale (hereafter "GTCS") apply exclusively to sales contracted between the company Exertis Connect (hereafter "Exertis Connect") and its customers (hereafter the "Customer") regarding the purchase of products as per the procedures set out in Article 2 below (hereafter "Products") in addition to the provision of services relating to the sale of Products, as well as any other services that Exertis Connect may provide. The Customer acknowledges the customer services charter (hereafter "CS Charter") regarding Products available on the Exertis Connect website or upon request from Exertis Connect customer services.
1.2 - Placing an order means, in the absence of any explicit and written agreement to the contrary, that the Customer will adhere fully and without reservations to the GTCS. These GTCS take precedence over any contradictory document and notably over any conditions of purchase that the Customer explicitly waives.
1.3 - Exertis Connect reserves the right to modify these GTCS and, in such case, to apply them to all orders placed after the date of any such modification.
1.4 - Any specific provisions explicitly settled upon via agreement, contract or convention, shall only replace any conditions they may override.

ARTICLE 2 : Orders

2.1 - Orders can be placed via telephone, internet at the website www.exertis-connect.fr (hereafter the "Website"), via email, by fax, by post or from the Exertis Connect sales department delivery desk.
- via telephone 0810 02 91 91, from Monday to Friday, 9am to 6pm.
- via internet: www.exertis-connect.fr - Available 24 hours a day and 7 days a week.
- via email at [email protected] from Monday to Friday, 9am to 6pm.
- by fax +33 (0)1.76 73 98 35, from Monday to Friday, 9am to 6pm.
- by post: Exertis Connect - Service Clients - ZI Buchelay 3000 - BP 1126 - 78 204 Mantes en Yvelines Cedex.
- from the delivery desk: Allée André Ampère - 78710 Rosny-sur-Seine, from Monday to Thursday, from 8am to 12pm and from 1.30pm to 4.30pm and on Friday from 8am to 12pm and from 1.30pm to 3.30pm.
2.2 - Prior to placing an initial order via the Website, the Customer must register on the Website by providing their name, address, email address, telephone number and password. The Customer undertakes to provide accurate information when they register with the Website. Any incomplete and/or misleading information is the responsibility of the person providing it.
Registering with the Website is undertaken on a strictly personal basis. Every Customer is responsible for their own registration and must ensure that they are the only person using the account. The Customer accepts full responsibility regarding the use of their password, even if it is used fraudulently, and undertakes to take every measure to ensure it remains confidential.
It is the Customer’s responsibility to select any Products they may wish to order from the Website under the following procedure: prior to placing any order, the Customer must access their personal account by providing their username and password. When the Customer confirms the order, they authorise payment of the price appearing on the Website via credit card.
2.3 - Any order shall be confirmed to the Customer by Exertis Connect via email as soon as practicable. Any sale shall only be considered to be final after Exertis Connect sends the Customer written confirmation via email that the order has been accepted.
2.4 - Any modification or cancellation of the order requested by the Customer must be subject to explicit and written agreement from Exertis Connect, who are entirely free to refuse to provide such agreement. In all circumstances, modification or cancellation of an order can only be taken into account if it is subject to written notification provided to Exertis Connect at least eight (8) days prior to shipping of the Products. If Exertis Connect does not accept the modification or cancellation of the order, any advance payments made by the Customer shall not be refunded.
An order accepted by Exertis Connect can always be cancelled by the latter in the following cases without any form of compensation: in a case of force majeure (as defined in Article 3.5 below) or if Products are unavailable. In such cases, any payments made prior to the date of cancellation shall be refunded.
2.5 – Minimum order: any orders below 50€ excluding tax shall be subject to a processing charge of 1.90€ excluding tax.

ARTICLE 3 : Delivery/Delivery Timeframes and/or Provision of Services

3.1 - The Products can be delivered to mainland France, French overseas territories, Belgium, Luxembourg, Netherlands, United Kingdom and Germany. Please contact our customer services concerning any other destinations.
3.2 - Risks and Transport: any liability regarding loss or damage to goods is transferred to the Customer at the time when they, or any third party other than the shipping agent chosen by our company and designated by the Customer, take physical possession of the goods in question (Article 216-4 of the Consumer’s Code). It is recommended for Customers to refuse delivery if the package has been damaged, opened and repackaged, or failing this, to provide a written record of any reservations on the delivery slip. We recommend that you check the contents of the package immediately and contact Exertis Connect immediately if any Product is damaged or missing from the list appearing on the picking slip. We advise you to state any complaints or reservations in a letter sent via registered post to the shipping agent within a period of three days following reception in order to allow action to be taken against the shipping agent (Article L133-3 of the Commercial Code).
If the Customer opts to pick up Products directly, they will be required to present confirmation of identity or authorisation written on the Customer’s company-headed paper and signed by an executive. Products can be collected from Allée André Ampère - 78710 Rosny sur Seine, from Monday to Thursday from 8am to 12pm and from 1.30pm to 4.30pm and on Friday from 8am to 12pm and from 1.30pm to 3.30pm. If Products are not collected within a period of three (3) working days after confirmation of the order, Exertis Connect reserves the right to cancel the order.
3.3 - Delivery Timeframes: Any Products ordered by the Customer will be delivered in mainland France within a timeframe that varies depending on the delivery option chosen by the Customer when they place their order, to the address specified by the Customer or to the Product collection point mentioned above. For any orders weighing less than 30kg placed before 4.30pm from Monday to Thursday and before 3.30pm on Friday, the Products will be dispatched on the same day.
The delivery schedules and/or service provision and availability of the Products are provided for information purposes only. Exertis Connect undertakes to respect the timeframes indicated, subject to availability regarding its Supplier and Shipping Agents.
The applicable delivery timeframes are those indicated when an order is confirmed.
The timeframes for delivery only begin from the date when an order is confirmed by Exertis Connect.
Delivery within the indicated timeframes will only be respected if the Customer is up to date with their obligations regarding Exertis Connect.
The Customer is obliged to take every measure to enable Exertis Connect to respect these timeframes; they notably undertake to reply to any requests for information from Exertis Connect. If it is impossible for certain services to be provided or that the duration of such services is extended due to the actions of the Customer, the Customer must pay any extra transportation or labour costs incurred by Exertis Connect.
3.4 - Postage Paid: all orders of more than 590€ excluding tax will be delivered free of charge (only in mainland France, economy rate delivery, excluding articles that require specific transportation conditions, with the order placed via our Website). Any orders placed via other methods of more than 690€ excluding tax will be delivered free of charge (only in mainland France, economy rate delivery, excluding articles that require specific transportation conditions).
3.5 - Exertis Connect shall be exempted from its delivery obligations if the delivery is prevented by a force majeure event. The term force majeure refers to any event that cannot be predicted, does not fall under the responsibility of Exertis Connect and prevents or hinders the undertaking of its obligations, including but not limited to: mobilisation events, war, total or partial strikes, lock-outs, requisitions, shortages of raw materials, failings on the part of Exertis Connect suppliers or subcontractors, fire, machinery accidents, transport interruptions or delays, or any other event that hinders the activity of Exertis Connect, its suppliers or subcontractors. Exertis Connect is fully legally exempt from any commitments relating to delivery deadlines and/or provision of services in cases of force majeure as well as in the following cases: failure on the part of the Customer to respect the payment conditions; information the Customer needs to provide has not been received within the required timeframe; any preparatory work to be carried out by the Customer has not been completed in time; failure to respect the conditions for installation and commissioning that fall under the Customer’s responsibility; any modification of the quantity or characteristics of the Products and/or services due to the Customer’s actions.
3.6 - In the specific case of direct delivery of Products by Exertis Connect to the end Customer in the name of and on behalf of the Customer ("Dropshipment"), the delivery slip provided by the Customer must specify the contact details for the end customer. Exertis Connect cannot be held responsible for the non-compliance of the delivery of the Products for the order placed by the end customer, if this delivery complies with the order placed by the Customer to Exertis Connect.
3.7 - If the parties have reached an agreement regarding international deliveries:
- The incoterm DDP will be applicable to all deliveries within the European Union.
- The incoterm CIP will be applicable to all deliveries outside of the European Union.

ARTICLE 4 : Transfer of Ownership/Transfer of Risks

TRANSFER OF OWNERSHIP OF THE PRODUCTS TO THE CUSTOMER WILL ONLY BE EFFECTIVE WHEN THE FULL PRICE HAS BEEN PAID BY THE CUSTOMER (PRINCIPAL AMOUNT AND SUPPLEMENTARIES) FOR THE RELEVANT PRODUCTS. It is, however, understood that the issue of a document creating an obligation to pay, bill of exchange or other, does not constitute a payment under the stipulations of this provision, with the amount due to Exertis Connect from the Customer still standing with all the associated securities, including this reservation of ownership until the aforementioned bill of exchange has been paid.
However, the risk of loss and deterioration shall be transferred to the Customer as soon as the Products are delivered. The Customer is therefore obliged, as a result, to insure the Products, at their expense, on behalf of Exertis Connect until the transfer of ownership has been fully completed.

Failure to respect any payment deadline may lead to a claim being launched regarding these Products or sums owed for the Products. The Customer may not alter or remove any identifying marks on these Products or their packaging, and they must also authorise any verification at any time on their premises. In case of repossession, any judicial settlement or any other equivalent insolvency procedure, the Customer must inform Exertis Connect without delay. Furthermore, the Customer may not use ownership of the Products to honour any pledge, by way of security or as collateral.

Exertis Connect may also take back ownership of any unpaid merchandise from sub-purchasers or may request direct payment from the latter. Any delivered Products that have not been paid for must be segregated and not mixed with other products. The opening of a collective procedure in favour of the Customer cannot prevent any claim to the goods by Exertis Connect. The Customer undertakes to participate actively in establishing an inventory of the merchandise they have in stock. Failing this, Exertis Connect reserves the right to have the inventory overseen by a bailiff, whose fees shall be paid by the Customer.

ARTICLE 5 : Product Reception

5.1 - The Customer is responsible for checking the apparent condition of the Products when they are delivered or collected.
5.2 - If there is any anomaly regarding the Products subject to delivery (damage, missing Product(s), damaged packaging, broken Product(s), etc.), the Customer must, in order to retain their rights and under penalty of their right of dispute being invalidated, express their clear, precise and complete reservations in writing on the shipping agent’s delivery receipt and the shipping agent’s representative must bear witness to this.
The shipping agent and the Customer will date and sign any reservations expressed by the latter. Should the shipping agent refuse to sign the aforementioned reservations, the Customer must indicate as much on the delivery receipt. The Customer must confirm the aforementioned reservations to the shipping agent via a letter sent by registered post with acknowledgement of receipt within three (3) days following delivery, the date of delivery being the one appearing on the delivery receipt, in compliance with Article L.133-3 of the Commercial Code. The Customer must furthermore inform Exertis Connect, in writing, of the existence of apparent defects or the non-compliance of the Products upon delivery by sending a copy of the letter sent to the shipping agent and the delivery receipt within a period of five (5) working days following delivery of the Products.
Failure on the part of the Customer to respect the procedure within the timeframe set out above will result in the Products being considered to be fully compliant with the order in terms of quality and quantity and any subsequent claim regarding this will be considered null and void. Any defects relating to transportation of the Products will not be dealt with by Exertis Connect and are the sole responsibility of the transporter. Warning: the indication "subject to unpacking" has no legal force.
5.3 - In case of any anomaly regarding Products collected by the Customer, they must, in order to ensure that they retain their rights and under penalty of their right of dispute being invalidated, inform Exertis Connect, in writing, of any apparent defects regarding the Products or that the Products do not comply with the order, within a maximum timeframe of two (2) working days following collection of the Products. Failure to express explicit reservations on the part of the Customer within the timeframe specified above will result in the Products being considered to be fully compliant with the order in terms of quality and quantity.
5.4 - In all circumstances, the Customer is not permitted to withhold any partial or full payment if they make any claim for an apparent defect, non-compliance of the Product with regard to the order or any other defect concerning the Product.

ARTICLE 6 : Guarantees

6.1 - Subject to the liability limitations stipulated below, Exertis Connect guarantees the Customer that all of the Products sold by Exertis Connect comply fully with the specifications set out in the company’s catalogue or its Website and they are not faulty in terms of design, material or manufacture, subject to their being used, installed, stored and moved under normal conditions for a period of one (1) year starting from the date of delivery (the "Guarantee"). Any interventions carried out by Exertis Connect as part of the Guarantee shall not extend the lifespan of the Guarantee. Any Products that have been stored for more than twelve (12) months following delivery or collection are excluded from the Guarantee.
6.2 - The Customer, as a trained professional, states that they have proceeded with a prior study of the Products’ characteristics and performance and that the Products have been judged fit to fulfil the Customer’s purposes. As a result, the Customer undertakes not to make any claims or complaints regarding this point. Exertis Connect shall therefore not be liable for any insufficiency of the Product regarding the Customer’s purposes or if it proves impossible for the Customer to use the Product or any damage resulting from using the Product due to any incompatibility with other equipment or apparatus belonging to the Customer.
6.3 - The Guarantee is considered void in case of misuse, connection error, negligence, or storage (notably long-term storage or storage without protection) by the Customer with regard to the applicable rules and, as applicable, any technical specifications outlined in the instruction manual provided to the Customer, such as in a case of normal wear to the Product, accident or a case of force majeure (as defined in Article 3.5 above). Similarly, the Guarantee is void in case of modification or transformation of the Product or the addition of devices to the Product that does not comply with the stipulations of the instruction manual or by a third party who has not received prior written authorisation from Exertis Connect. Furthermore, Exertis Connect shall not be liable in case of any damage caused to the Product or any other property that arises from use of the Product in in combination with or integrated into any other product or equipment.
6.4 - In case of any confirmed fault or defect and subject to the Customer having respected the procedures set out in Article 5 above, Exertis Connect shall proceed, subject to the company’s choice, to replace any Products free of charge or to provide a credit note to cover the price paid by the Customer. Any replacement Products provided under the stipulations of the Guarantee shall be subject to non-express shipping, at the usual tariff and subject to Exertis Connect’s discretion.
6.5 - By way of derogation from Article L110-4 of the Commercial Code, no claim by a Customer shall be deemed admissible once more than a year has passed from the date of the event that gives rise to the aforementioned claim.
6.6 - Exertis Connect shall under no circumstance carry out an onsite intervention to disassemble the Products.
6.7 - The contractual Guarantee applying to branded Products is the one provided by the manufacturers, any intervention by Exertis Connect shall be limited to the role of a distributor.
6.8 - In all circumstances, the Guarantee is strictly limited to the replacement or free repair of any Products acknowledged to be defective. It does not cover hard drives of recorders and infrared lamps, nor does it cover any consequences arising as a result of normal wear affecting Products. It does not cover any consequences arising from negligence, misuse of Products or any modification not authorised by Exertis Connect.
6.9 - Assistance with Commissioning. Assistance with the commissioning phase consists solely of software programming and system configuration (recorders, encoders, decoders and matrices). Exertis Connect shall not intervene and shall not under any circumstance play any role in installing any Products sold. Reception of the assistance with commissioning service is carried out in the presence of an Exertis Connect representative and the Customer, and a written record is then signed. This written record is produced using the Exertis Connect form. It must in all cases be signed both by the Customer and by Exertis Connect with or without reservations. If any reservations are accepted by both parties, Exertis Connect shall take action within a time period of thirty (30) days in order to resolve them. A new date shall then be set by both parties so that the final written record can be signed.
6.10 - Maintenance: It is hereby specified that any maintenance operations are not covered by the obligations incumbent on Exertis Connect and any such operations shall be subject to specific contracts.

ARTICLE 7 : Limitation of Liability

7.1 - Exertis Connect shall not be held liable by the Customer for failure to execute any of the obligations set out in this document if the failure is not due to Exertis Command or occurs following the occurrence of a case of force majeure as defined in Article 3.5 above.
In the case of a defective Product being delivered, the Customer shall only hold Exertis Connect liable within the terms of this article. In all circumstances, Exertis Connect shall not be held liable beyond the stipulations of the Guarantee set out in Article 6 above, to the fullest extent permitted by law. Specifically, the company’s liability shall not extend to:
- any direct or indirect damage caused to property or other equipment belonging to the Customer or to a third party, due to a fault or defect affecting the Product;
- any loss of profit, turnover, data or any other direct or indirect loss, whatever the cause may be and whether it was foreseeable or not.
7.2 - If Exertis Connect is held liable, and whatever the cause or origin of its liability, the financial value of its liability shall not exceed the original purchase price of the Product.
7.3 - If the Customer is subject to a complaint or any legal action arising from a third party that may render Exertis Connect liable under the stipulation of these GTCS, the Customer undertakes to inform Exertis Connect immediately in writing.
7.4 - No penalty of any kind and, as such, no predefined penalty that may appear in the Customer’s commercial documentation, shall be accepted by Exertis Connect unless a prior written agreement is reached, whatever the reason for the penalty. Any contradictory clause shall be considered nugatory. As such, Exertis Connect shall not accept any deduction, in compliance with Article L442-6-I-8 of the Commercial Code.

ARTICLE 8 : Product Returns

8.1 - The entirety of the conditions and procedure for Product returns can be found in the post-sales service charter appended to these GTCS (IDU : FR000357_05I4Z2).
8.2 - It is, however, specified that should any defects be discovered regarding the Product after the time period set out in Article 5 above or under the conditions stipulated in Article 6 above, the Customer must, under penalty of any right of dispute regarding such defects being rendered void, inform Exertis Connect in writing within a maximum timeframe of eight (8) days following the discovery of any defects.

ARTICLE 9 : Prices

9.1 - All prices are provided in Euros, excluding and including tax, and they are ex-factory prices. They do not include shipping costs or any customs fees that may be charged, nor do they cover insurance which is the responsibility of the Customer. The sales prices for Products do not include the provision of any services that may be associated with them. Prices for services provision are applied on a half-daily or daily basis, not including travel and accommodation costs, which are charged to the Customer separately.
9.2 - The price that needs to be paid is systematically and clearly indicated when the order is placed and as part of the order confirmation.
9.3 - Our retail prices are provided for guidance only in our catalogues and they are subject to modification at any time. The sales price is only definitively determined when an order is placed. The timeframe applicable to the offer’s validity is indicated on the quotation document.
9.4 - If any obviously erroneous prices are displayed for whatever reason (computer bug, human or technical error), the validated Customer order will be cancelled by Exertis Connect. Exertis Connect undertakes to inform the Customer in writing and to reimburse them for any money paid, up to and including the cancellation date. The Customer may, if they wish, place their order again at the correct price. In the case of ratings issued by suppliers, the Customer undertakes, without reservation and upon receipt of a request to do so, to supply Exertis Connect, within a time period of no more than eight (8) days following such a request, all proof of delivery to their end customer or storage of the relevant Product(s) if the Customer has not yet delivered all or part of the Products subject to the rating.
9.5 - The Customer shall, without fail and prior to any delivery, provide the following two (2) documents by registered post with proof of delivery: a photocopy of the annual visa waiver for the current year and an annual VAT-exemption purchasing certificate without figures. The latter must be an original document provided on the Customer’s headed paper and signed by a person with the authority to represent the company. If one of these conditions is not fulfilled, a VAT-exempt invoice shall be definitively refused. The Customer is solely responsible for the validity and authenticity of any documents provided. If any problem arises regarding the certificate, the Customer undertakes to reimburse the relevant amount in VAT to Exertis Connect.
9.6.1 - In compliance with Articles L541-10, L541-10-2 and R543-171-1 to R543-206-4 of the Environmental Code relating to the prevention and management of electrical and electronic waste, Exertis Connect has undertaken an agreement with an environmental organisation for management of collection, processing, valorisation and recycling of household and professional electrical and electronic waste. A WEEE contribution may be charged to the Customer depending on the regulations applicable at the time when the sale is finalised. The amount arising from this environmental contribution is not negotiable and shall not be included as part of the Customer’s turnover which is then used to calculate any price reductions.
9.6.2 - Except in cases of legal, regulatory or contractual exemption, the amount for private copy remuneration shall be invoiced in addition to the price of the Products and shall appear separately on the invoice. This amount is included into the total price upon which VAT is calculated. This amount is not negotiable and shall not be included as part of the Customer’s turnover which is then used to calculate any price reductions. Exertis Connect reserves the right to request documents to prove any exoneration from this fee. The Customer is solely responsible for the validity and authenticity of any documents provided. If the repayment record is refused by the competent authority, the Customer undertakes to reimburse the amount paid by Exertis Connect to the aforementioned authority.

ARTICLE 10 : Conditions of Payment

10.1 - Any delivery, even partial, will lead to an invoice being issued.
10.2 - Orders placed via the Website
Payment shall be effected when the order is placed using a bank card (debit card, Visa, Eurocard/Mastercard) using the secure server of an Exertis Connect partner. The order will be considered to have been validated once authorisation of the bank payment has been confirmed. Should the bank refuse payment, the order will be automatically cancelled.
Exertis Connect will provide the Customer with the corresponding invoice for the Products purchased when the aforementioned Products are delivered or collected. The Customer’s bank account shall be automatically charged for the full price, including tax, of the Products ordered.
10.3 - For orders placed via telephone, fax, email or post, Exertis Connect shall provide an invoice corresponding to the Products ordered when the Products are delivered or collected.
The total price shall be paid on the day the order is placed or when the Products are collected, by bank card, bank transfer or by cheque. Cheques must be made payable to Exertis Connect CUC and sent along with a summary of the relevant order to the following address: Exertis Connect - ZI Buchelay 3000 - BP 1126 - 78204 Mantes la Jolie Cedex.

In the event of non-payment, penalties amounting to three (3) times the statutory interest rate shall be automatically charged starting from the date payment was due, and this shall continue to apply until all sums owed are paid in full.
The amount applicable to these penalties shall be ascribed to all discounts, rebates or reductions due by Exertis Connect. Furthermore, a fixed payment for recovery costs, amounting to forty (40) euros will be automatically applied without prior notification, to be paid by the Customer in case of late payment. Exertis Connect reserves the right to request an additional payment from the Customer if recovery costs exceed this amount. Proof of such costs will be provided as applicable.

In the event of non-payment of a single invoice when it is due, Exertis Connect may suspend all ongoing orders until any sums owed are paid in full.
In cases of non-payment, after forty-eight (48) hours following a formal demand with no resolution achieved, the sale will be automatically rendered null and void. Exertis Connect may take action to recover the Products without affecting any other compensation owed.
In all of the cases outline above, any sums that are owed for other deliveries, or for any other reason, shall immediately become payable if Exertis Connect does not opt to cancel the relevant orders. The Customer must reimburse all unpaid fees in addition to any fees arising from the recovery procedure, including legal fees.
10.4 - In all circumstances.
After the initial order, the Customer may request authorisation for a deferred payment from Exertis Connect. Permission to leave an amount outstanding and the conditions for deferred payment are subject to agreement from Groupe Exertis Connect’s financial services.
Exertis Connect reserves the right, at its own discretion, to reverse any decision regarding previous payment conditions should any incident arise concerning payment or if any serious information comes to light giving rise to doubts about the Customer’s financial credibility.
10.5 - Except in case of prior agreement to the contrary between the parties, the Customer shall accept without reservation receipt of invoices issued by Exertis Connect by email alone, in compliance with Article 289 of the General Tax Code. However, the Customer may request Exertis Connect to send a paper invoice subject to payment of any administrative fees.

ARTICLE 11 : Products

Products are subject to modification without prior notice. All photographs on our Website, our data sheets and our catalogues are not contractual.

ARTICLE 12 : Intellectual Property Rights

12. 1 - All content on the Website and in catalogues is the property of Exertis Connect and protected by French and international law relating to intellectual property. The overall design in addition to any software, texts, animated or still images, sounds, expertise, drawings, graphics and any other elements appearing in these resources are for the exclusive use of Exertis Connect. Any total or partial reproduction of these resources via any procedure without express permission from Exertis Connect is forbidden and shall constitute a counterfeit that can be sanctioned under Articles L.335-2 et seq. of the Intellectual Property Code. Exertis Connect shall not be held liable for any hypertext links used as part of the Website that connect to other content on the internet.
12.2 - The Products, the documentation applying to the Products and the brands for which Exertis Connect owns the copyright are protected under intellectual property law and shall under no circumstances be transferred or licensed to the Customer. Copyright and ownership of the intellectual property rights contained in the Products or in any part of the Products shall remain the exclusive property of Exertis Connect.
The Customer is only authorised to use any Exertis Connect advertising or promotional material, visuals, texts and logos that the company may provide them with, in addition to any brands for which Exertis Connect holds the copyright, for the purpose of promoting the Products. The Customer is only accorded the right to use such materials on a non-exclusive basis.
Any Customer who becomes aware of any violation or claim regarding the intellectual property rights of Exertis Connect must immediately inform Exertis Connect and cooperate fully with the company. The Customer undertakes not to launch any legal action regarding this situation without prior written consent from Exertis Connect. Exertis Connect can under no circumstances be held liable by the Customer for any violation by Exertis Connect of intellectual property rights belonging to a third party.

ARTICLE 13 : Data Protection

13.1 - The nature of data collected by Exertis Connect regarding physical persons who represent or work for the Customer is as follows: Account opening (when a user account is created, surname, first name, email address and date of birth) Connection (when a user connects to the Platform, the site specifically records their surname, first name, connection, usage and location data and data relating to payment) Profile (use of services available on the Platform allows users to create a profile, which may include an address and a telephone number) Payment (as part of a payment for Products and services available on the Platform, financial data regarding the bank account or the bank card of the user is recorded) Cookies (cookies are used as part of the overall functioning of the Website. Users may choose to switch off cookies using the settings of their web browser).
Use of personal data: such data is subject to computer processing with the aim of ensuring proficient management of orders, contracts and invoices, establishing statistics for commercial purposes and/or provision of commercial offers. Personal data sharing with their parties: Personal data may be shared with third-party companies in the following cases:
- when the user utilises payment services, in order to operate these services, the Platform operates alongside third-party banking and financial companies with which it has contractual agreements;
- when the user publishes comments in the relevant sections of the Platform, this information is publicly available;
- when the user authorises the website of a third-party to access their data;
- when the Platform makes use of services aimed at assisting users, advertising and payment services. Such services providers obtain limited access to user data, for the purposes of providing these services, and they have a contractual obligation to use such data in strict compliance with the provisions of the applicable personal data protection regulations;
- as required by law, the Platform can transmit data as part of any claims made against the Platform and in order to comply with any administrative and legal procedures;
- if the Platform is involved in any merger, acquisition or asset sale operations or any receivership procedure, it may transfer or share part or all of its assets, including personal data. In such event, users will be informed prior to any personal data being transferred to a third party.
Transfer of personal data. Due to the organisation of the company responsible for running the Platform, as part of an international group, the user authorises the Platform to transfer, store and process their information (see start of paragraph 13.1). The laws applicable in this country may differ from the laws applicable in the user’s place of residence within the European Union. By using the Platform, the user consents to transfer of their personal data to (our parent company). Security and confidentiality: The Platform undertakes organisational, technical, software-based and physical digital security measures in order to protect personal data from alteration, destruction and unauthorised access. However, it must be noted that the internet is not a fully secure environment, and the Platform is not able to provide an absolute guarantee regarding the security or storage of information on the internet.
13.2 - These physical persons provide consent for use of this data by Exertis Connect. In compliance with the provisions of the modified French “Data Protection” law of 6 January 1978 and European regulation n°2016/679/UE of 27 April 2016 (applicable from 25 May 2018), these persons have the right to access, rectify and delete all data concerning them, and the Customer may exercise this right by writing to the following address: Exertis Connect - ZI Buchelay 3000 - BP 1126 - 78204 Mantes la Jolie Cedex.
Time limits for retention of personal data: Personal data is retained for as long as is required to achieve the purpose of collecting it. It is then archived with restricted access rights for a supplementary period relating to the legal timeframes for data conservation for purposes strictly limited and authorised by the law. It is then subsequently deleted.

Alterations to this clause
The Platform reserves the right to modify this clause relating to personal data protection at any time. If any alteration is made to this clause regarding personal data protection, the Platform undertakes to publish the new version on its website. The Platform will also inform users about any alterations via email at least fifteen (15) days prior to the modification taking effect. If the user does not consent to the terms of the updated clause regarding personal data protection, they have the option of deleting their account.

ARTICLE 14 : Election of Jurisdiction – Applicable Legislation

These GTCS shall be governed by French law. Any claims shall be subject to the sole jurisdiction of Versailles Tribunal de Commerce [Commercial Court].

Exertis Connect After-Sales Charter

Application and Object of the After-Sales Charter
This after-sales service charter defines the regulations applicable to any requests to return items as well as the practical steps to follow for Product returns with regard to the after-sales service. The after-sales charter is an integral part of the General Terms and Conditions of Sale (hereafter “GTCS”) of the company Exertis Connect (hereafter "Exertis Connect") that are agreed to by the customer (hereafter the “Customer”).

ARTICLE 1 : Requests to Return Products

Any Customer who wishes to return a Product must complete a request for a return on the Exertis Connect website (www.exertis-connect.fr, “After-sales service”, section "Request for Return") specifying:

their customer code number,
the number of the delivery slip or the invoice,
the Product reference and quantity,
the exact and detailed reason for requesting the Product return,
the status of the Product and the Product’s serial number.

The Customer must also ensure that they respect the timeframes applicable to Requests for Return set out in Article 2 below. Any requests addressed outside the relevant timeframe will be automatically rejected.
No returns can be carried out without prior agreement from Exertis Connect, communicated to the Customer as a return slip containing a return number ("RMA").
Starting from the date the return slip is received, the Customer shall have fifteen (15) working days to return the Product under the procedures set out in Article 4 below. Any returns that fail to respect this timeframe shall be automatically rejected.
The returned Product shall be inspected by Exertis Connect’s services. If the claim is validated by them, Exertis Connect undertakes, at its own discretion and subject to the provisions of Article 2 below, either to replace or repair the Products or to issue a credit note equal to the amount paid by the Customer. Shipping fees pertaining to the replaced or repaired Products shall be paid by Exertis Connect. If the Products are not faulty, the Customer must reimburse Exertis Connect to cover any fees incurred due to their claim (including return fees).
Information regarding the timeframes for repair and/or exchange are available upon request from Exertis Connect customer services. These timeframes are provided as a guide only and Exertis Connect shall not be held liable for any possible delays in processing.

ARTICLE 2 : Timeframes for Accepted Returns

The Product does not comply with the order form:
Returned Products must be brand new, in their original packaging and in resaleable condition. Products whose packaging has been damaged (for example Products in blister packs) in addition to consumable Products cannot be returned.
In the case of delivered Products, the Request for Return must be completed within a maximum timeframe of five (5) working days starting from the date of delivery. In the case of Products collected directly from the sales counter, the Request for Return must be completed within a maximum timeframe of two (2) working days starting from the date they were collected.
Following validation of the request for return, Exertis Connect will propose a means of shipping the returned Products and will cover the cost of said shipping. The Customer undertakes to respect the shipping instructions set out in Article 4 below. NOTE: If any non-compliance is observed when Products are delivered, the Customer must note any reservations on the shipping agent’s delivery slip as per the stipulations set out in Article 5.2 of the GTCS "Product Reception".
Mistake by Customer When Placing their Order:
All returned Products must be brand new, in their original packaging and in resaleable condition. Any Products whose packaging has been damaged (for example Products in blister packs) and consumable Products cannot be returned. Outside of specific cases of cancellation or modification of orders as set out in article 2.4 of the GTCS, Exertis Connect provides the Customer with the option of requesting return of Products following a mistake made by the Customer when placing their order. Validation of this request is entirely at the discretion of Exertis Connect.
In such cases, the Request for Return must be completed within a maximum timeframe of seven (7) working days starting from the date of delivery of the Products. Returns of special-order Products, Products from the catalogue "produced to order”, Products such as fusion splicers, testers, OTDR, discontinued Products or Products arising from a specific order for a Customer account shall not be accepted. Shipping of returned Products must be carried out in line with the instructions set out in Article 4 below and costs shall be covered by the Customer. In such cases, Exertis Connect reserves the right to invoice the Customer for administrative fees amounting to ten per cent (10%) of the sales price of the returned Products.
Mistake by Customer When Placing an Order Covered by the Guarantee + and the PRIVILEGE FORMULA:
Exertis Connect offers its Customers the option of subscribing to a “Guarantee +”. The Customer can indicate that they refuse to take out this Guarantee when they place their order or at any stage until their order is shipped.
The “Guarantee +” is an optional Guarantee with a duration of sixty (60) days starting from the date when the goods are received by the Customer. It is priced at 0.95% of the total cost of the order excluding tax, not including Products the “Guarantee +” does not apply to, with a minimum cost of 0.95€ excluding tax and maximum cost of 7.90€ excluding tax. This Guarantee allows the Customer to extend the return period from seven (7) days to thirty (30) days with no fees to be paid and the period is extended to sixty (60) days upon payment of a fee amounting to twenty per cent (20%) of the total cost of the returned Products.
Exertis Connect offers its Customers the option of subscribing to a “PRIVILEGE FORMULA”. The Customer can indicate that they refuse to take out this Guarantee when they place their order or at any time until their order is shipped.
The ”PRIVILEGE FORMULA” is an optional Guarantee with a duration of sixty (60) days starting from the date the goods are received by the Customer. It is priced at 0.45% of the total cost of the order excluding tax, not including Products the policy does not apply to, with a minimum cost of 0.95€ excluding tax and a maximum cost of 4.95€ excluding tax. This Guarantee allows the Customer to extend the return period from seven (7) days to sixty (60) days. The returned Products must be brand new, in their original packaging and in resaleable condition.
Any Products whose packaging has been damaged (for example Products in blister packs) and consumable Products cannot be returned. Requests for returns under the Guarantee+ or PRIVILEGE FORMULA policies must be completed within a maximum timeframe of sixty (60) working days starting from the date when the Products are delivered. Validation of this request is at the discretion of Exertis Connect. Returns of special-order Products, Products from the catalogue "produced to order”, Products such as fusion splicers, testers, OTDR, discontinued Products or Products arising from a specific order for a Customer account are not covered by the Guarantee + Service or the PRIVILEGE FORMULA and are not accepted. Shipping of returned Products must be carried out according to the procedures set out in article 4 above with costs to be covered by the Customer. In such cases, Exertis Connect reserves the right to invoice the Customer for administrative fees amounting to ten per cent (10%) of the sales price of the returned Products.
Product Failure Under Guarantee:
If any fault or defect is found under the conditions set out in Article 6 of the GTCS ("Product failure under Guarantee"), the Request for Return must be completed within a maximum timeframe of eight (8) days starting from the time the fault or defect was found.

Specific case of Constructor Guarantees:
For any Products covered by a specific constructor Guarantee (Guarantee directly covered by the constructor, onsite Guarantee, or specific Guarantee extension), the Customer must contact the constructor directly, without involving Exertis Connect, the latter providing no contractual Guarantee regarding these Products. Exertis Connect will refuse the return of any goods and shall not be held liable for any failure on the part of constructors as part of their Guarantee. Contact details for constructors are available from Exertis Connect Customer Services ([email protected]). Any returns accepted by Exertis Connect as part of a Product failure under the Guarantee process shall lead to repairs or an exchange being carried out. If Exertis Connect is unable to replace or repair the Product subject to any claim, the company reserves the right to carry out an exchange for an equivalent Product or to provide a credit note for an amount equal to the price paid by the Customer. Unless specified otherwise by Exertis Connect customer services, even if only one element of the Product has failed, the entire Product must be returned to Exertis Connect along with any accessories.
NOTE: repairing a Product may take between four (4) and eight (8) weeks, so it is advisable to test the Product thoroughly and if necessary, to contact the constructor to check that there actually is an issue with the Product. The constructor may also in certain cases provide a direct repair or exchange service. Contact details for constructors are available from Exertis Connect Customer Services ([email protected]).

Specific Case of Product Failure Under Guarantee of the PRIVILEGE FORMULA:
In the case of a failure of a product covered by the PRIVILEGE FORMULA, under certain conditions (at the discretion of Exertis Connect) the Customer may be able to obtain an advance exchange of the aforementioned failed Product. Products under constructor Guarantee, Products arising from a specific order for a Customer account, A-brand Products, end of line Products and discontinued Products are not eligible for advance exchange. Advance exchange shall be carried out by shipping and invoicing a new Product, followed by the issue of a credit note when the returned Product is received. If the Product failure is not confirmed, then the Product will be returned to the Customer unaltered, within the limit of available stock and within a timeframe of one (1) year. If any failure is found under the conditions set out in Article 6 of the GTCS ("Product failure under Guarantee"), the Request for Return must be completed within a maximum timeframe of eight (8) days starting from the date when the failure was found. Starting from the reception date of the return slip, the Customer shall have a period of fifteen (15) working days to return the Product under the provisions set out in Article 4 below. Any returns shipped beyond this timeframe will be automatically refused. If Exertis Connect is unable to replace or repair the Product subject to the claim, the company reserves the right to carry out an exchange for an equivalent Product or to provide a credit note for an amount equal to the price paid by the Customer. Unless specified otherwise by Exertis Connect customer services, even if only one element of the Product has failed, the entire Product must be returned to Exertis Connect along with any accessories.

ARTICLE 3 : Rejected Returns

If any of the provisions set out in this after-sales service charter are not respected, any returns and/or Requests for Returns shall be systematically refused by Exertis Connect.
Furthermore, in the case of any returns not complying with the Request for Return that has been accepted by Exertis Connect (different Product, different serial nº, complementary Product not included in the return slip, damaged Product and/or packaging, Product not in resaleable condition, etc.) shall be refused by Exertis Connect.
Any return refused by Exertis Connect will result, at the discretion of the company, either in the Product being made available for the Customer to collect from the address provided in Article 3.2 of the GTCS within forty-five (45) days starting from the date the Product was received by Exertis Connect, or in the Product being sent back to the Customer at the Customer’s expense and under the Customer’s liability.
If the Product is made available for collection, Exertis Connect will write to the Customer to inform them of this using the email address the Customer has provided to Exertis Connect.
If the Customer fails to collect the Product within the specified timeframe, Exertis Connect may freely dispose of the Product and the Customer will lose any rights regarding it. In all circumstances, the invoice corresponding to the Product shall be paid by the due date.

ARTICLE 4 : Statutory Limitation

By way of derogation from Article L110-4 of the Commercial Code, no Customer claim shall be admissible once more than a year has passed starting from the date of the event leading to the aforementioned claim.

ARTICLE 5 : How to Ship Your Returned Products

All returns are shipped under the Customer’s liability. Furthermore, we advise you to ship any returns using a shipping agent (excluding La Poste) so that Products can be checked when they are received. The Products, along with any accessories and instruction manuals, must be returned in their original packaging and placed in a shipping carton (overwrap), upon which must clearly appear the RMA and the following address:

Exertis Connect - ENTREPOT GOODMAN
Service Retours
19 allée André Ampère
ZAC des Marceaux
78710 ROSNY SUR SEINE
France

Shipping costs for all returns must be paid for by the Customer. Shipping fees will be reimbursed to the Customer if the Product does not comply with the order slip.

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