GENERAL TERMS AND CONDITIONS OF SALE - JARDI WEB

Article 1

Purpose
The general terms and conditions of sale (hereinafter the "GTC") described below detail the rights and obligations of the company JARDI WEB, with a share capital of €1,000, registered with the Trade and Companies Register of Sedan under number 984544007, and its customer (hereinafter the "Customer") in the context of the sale (hereinafter the "Sale") of products as designated in the specific terms of this contract (hereinafter the "Goods").
Any service performed by JARDI WEB implies the Customer's unreserved acceptance of these GTC.

Article 2

Price
The price of the Goods sold is that in effect on the day the Customer places the order with JARDI WEB (hereinafter respectively the "Price" and the "Order"). It is denominated in euros and calculated excluding taxes.
The Price is increased by the applicable VAT rate and transport costs on the day of the Order.
JARDI WEB reserves the right to modify its prices at any time. However, it undertakes to invoice the goods at the price indicated at the time of the Order.

Article 3

Discounts and rebates
The Price includes any discounts and rebates that JARDI WEB may grant based on its results or on the Customer taking responsibility for certain services.

Article 4

Early payment discount
No early payment discount will be granted in the event of early payment.

Article 5

Payment terms
Payment for the Order is made by bank check, banker's draft, or bank transfer.
The Customer will have the option to:
1° Pay the full Price on the day the Order is placed using any of the aforementioned payment methods, or,
2° Pay a deposit corresponding to 20% of the Price on the day the Order is placed, and pay the balance by bank check on the day the goods are received as defined in Article 9 of these GTC.

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Initials:

Article 6

Late payment
In the event of total or partial non-payment of the delivered goods on the day the sums due to JARDI WEB become payable:
If the Customer is a professional,
a late payment penalty equal to the European Central Bank's semi-annual refinancing rate plus 10 points will be charged to the Customer based on the Price, to which will be added automatically the payment by the Customer of a fixed indemnity of €40 (forty euros) for recovery costs, and,
If the Customer is an individual,
a late payment penalty equal to the European Central Bank's semi-annual refinancing rate plus 10 points will be charged to the Customer based on the Price.
The penalty is calculated on the tax-inclusive amount of the sum remaining due and runs from the invoice due date.

Article 7

Resolutory clause
If the Customer has not paid the sums still owed to JARDI WEB within fifteen days of a formal notice sent by registered letter with acknowledgment of receipt, the Sale will be automatically resolved, without prejudice to any damages that may be owed by the Customer to JARDI WEB.

Article 8

Retention of title clause
JARDI WEB retains ownership of the sold goods until full payment of the Price, in principal and accessories.
In this respect, if the Customer is a professional and is subject to safeguard, receivership, or judicial liquidation proceedings, JARDI WEB reserves the right to claim, within the framework of the collective proceedings, the goods sold and still unpaid for.

Article 9

Delivery
Delivery of the goods (hereinafter the "Delivery") is carried out:
• Either by direct handover of the goods to the buyer,
• Or by sending a notice of availability at the location indicated by JARDI WEB, addressed to the Customer; the parties may, in this respect, agree from the order that the goods will be collected by the Customer at the location that JARDI WEB will indicate later,
• Or at the location indicated by the Customer on the order form or quote,
The delivery time indicated when ordering is given for information only and is in no way guaranteed.

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Initials:
JARDI WEB's liability cannot therefore be incurred in the event of a reasonable delay in delivery.
Likewise, the contract cannot be terminated at JARDI WEB's expense due to a reasonable delay.
The risk of transport is borne entirely by the Customer. The Customer must ensure that the designated delivery location is accessible by heavy goods vehicles and is equipped to unload the goods safely. Due to transport, surface defects may be present on the paint of the goods; these defects are not covered by warranty and JARDI WEB's liability cannot be incurred for these defects. The Customer therefore waives any action against JARDI WEB for possible minor appearance defects of the goods upon Delivery.
In the event that the goods are damaged, or that part of the goods is missing upon Delivery, the Customer must formulate all necessary reservations on the order form upon Delivery. These reservations must, in addition, be confirmed in writing within three days following delivery, by registered letter with acknowledgment of receipt to the following address: JARDI WEB 1 bis rue du château 08190 Sault Saint Rémy.

Article 10

Force majeure
JARDI WEB's liability cannot in any case be incurred in the event of non-performance or delay in the performance of any of its obligations, if such non-performance or delay results from a case of force majeure.
Force majeure is assessed in accordance with the provisions of Article 1218 of the Civil Code.

Article 11

Right of withdrawal
The Customer does not benefit from a right of withdrawal for a purchase made at a fair or trade show.
If the sale was concluded remotely or via the internet:
If the Customer is an individual,
they have a withdrawal period of 14 days from Delivery in accordance with the provisions of Article L.221-18 of the Consumer Code, and,
If the Customer is a professional,
they have a withdrawal period of 14 days from Delivery only if they are a company or firm with fewer than 5 employees contracting outside their main field of activity in accordance with Article L.221-3 of the Consumer Code.
In the event of withdrawal or cancellation of the Sale at the Customer's initiative, for any reason whatsoever, and unless the Customer benefits from a legal right of withdrawal within the meaning of Articles L.221-3 and L.221-18 of the Consumer Code, it is expressly agreed, by express derogation from the provisions of Articles 1590 of the Civil Code and L.214-1 of the Consumer Code, that:
In all circumstances,
either JARDI WEB will refund the deposit paid by the customer (or the full Price if it has already been paid by the Customer), minus a fixed sum of four hundred euros excluding taxes (€400 excl. tax) which it will retain as compensation for all administrative and commercial costs incurred, or (ii) in the event that no sum has yet been paid, JARDI WEB may invoice the Customer a fixed sum of four hundred euros excluding taxes (€400 excl. tax) as compensation for the administrative and commercial costs incurred,
If the withdrawal occurs after Delivery, the Customer must also return the goods as soon as possible, with the transport costs incurred for the return remaining at their sole expense; they must also reimburse JARDI WEB for the costs relating to the Delivery.
It is recalled for all purposes that in accordance with Article L.221-23 of the Consumer Code, in the event of use by the consumer customer or the professional referred to in Article L.241-3 of the same code of their legal right of withdrawal, they bear all transport costs for returning the goods. The Customer declares that they are fully informed of this obligation by signing the order form or quote.
Finally, by express derogation from the provisions of Article 1590 of the Civil Code and Article L.214-1 of the Consumer Code, JARDI WEB may, until Delivery, cancel the Sale and only return to the Customer the full deposit that may have been paid, or, if applicable, the full Price if it has already been paid.

Article 12

Applicable law and competent court
This contract and any dispute that may arise from its performance, negotiation, interpretation, or termination are subject to French law.
If the Customer is a professional, any dispute arising from the performance, negotiation, interpretation, or termination of this contract will be heard by the Commercial Court of REIMS.

Article 13

Legal guarantee of conformity
If the Customer is a consumer within the meaning of the preliminary article of the Consumer Code, the goods sold under these terms are subject to the legal guarantee of conformity provided for in Articles L217-4 et seq. of the Consumer Code (hereinafter the "Legal Guarantee").
The Legal Guarantee lasts 24 months from Delivery. If the goods are second-hand, the guarantee is limited to 6 months.
During this period, any defects of conformity that appear will be presumed to have existed at the time of delivery, unless proven otherwise, with the burden of proof on JARDI WEB. Parts subject to wear are not covered by the guarantee. In accordance with Article L217-8 of the Consumer Code, the Customer cannot contest the conformity of the goods by invoking a defect that they knew about or could not have been unaware of when they contracted.
Any repair, replacement, or refund under the legal guarantee of conformity will be made under the conditions provided for in Articles L217-4 et seq. of the Consumer Code.
All claims under the Legal Guarantee must be made by post to the following address: JARDI WEB 1 bis rue du château 08190 Sault Saint Rémy.

Article 14

Commercial Guarantee
The Commercial Guarantee is free. It only applies if maintenance is carried out by a professional and upon proof.
The Commercial Guarantee has a duration:
• Either 24 months for individuals and 12 months for professionals (K-bis),
• Or 120 hours.
The expiry of either of these two periods will result in the end of the Commercial Guarantee.
The Commercial Guarantee runs from Delivery.
Under the Commercial Guarantee, all parts implicated in the failure of the goods will be provided free of charge to the Customer.
However, the labor required to replace defective parts remains at the Customer's expense.
The Commercial Guarantee is only valid if the equipment has been used normally and in accordance with its intended purpose.
The Commercial Guarantee does not cover damage caused by:
• A cause external to the goods,
• User negligence (whether the user is the Customer or a third party). In particular, the first oil change must be carried out within 20 hours of use by an approved professional, and all machine pins and the slewing ring must be greased every 8 hours of use,
• Wear parts (seats, paint, seals, controls, tracks, sprockets, etc.),
• Wear parts such as tracks and batteries are not covered by the guarantee.
• Misuse of the goods. It is reminded that mini-excavators not equipped with a hydraulic cooling system must not be used intensively or in hot weather. The hydraulic oil temperature must not exceed 70 degrees. For professional or intensive use, it is advisable to opt for a range equipped with a hydraulic cooler.
Modifications, repairs, maintenance, attempted repairs or modifications carried out by an unauthorized person, theft, and generally damage or defects appearing after the sale are not the responsibility of JARDI WEB. The company cannot therefore be held liable, and these situations would void the guarantee.
All claims under the Commercial Guarantee must be made by post to the following address: JARDI WEB 1 bis rue du château 08190 Sault Saint Rémy.
Finally, it is specified that the Commercial Guarantee is granted to the Customer personally; it is in no case attached to the goods. In the event of transfer of ownership of the goods to a third party, whether the transfer is free or for consideration, voluntary or involuntary, it is expressly agreed that the Commercial Guarantee cannot in any case be transferred with the ownership of the goods. The new owner of the goods cannot therefore in any case invoke the Commercial Guarantee against JARDI WEB.
An exception is made to the preceding paragraph in the event that the transfer of ownership of the goods occurs as part of a contribution to a company, a universal transfer of assets, or a partial contribution of assets.
Regardless of the Commercial Guarantee, JARDI WEB remains bound as seller by the Legal Guarantee as indicated in Article 13 of these GTC if the Customer is a consumer.
Furthermore, JARDI WEB remains bound by the warranty against hidden defects in the sold item under the conditions provided for in Articles 1641 to 1649 of the Civil Code.