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These general terms and conditions of sale (hereinafter the "T&Cs") are offered by HOORTRADE, a simplified joint-stock company with a capital of 7,500 euros, registered with the Lyon Trade and Companies Register under number 878 143 601, whose registered office is located at 83/85 boulevard du parc de l'Artillerie in LYON (69007) (hereinafter "HOORTRADE ").
HOORTRADE offers natural or legal persons acting in the context of their professional activity (hereinafter the "Customers") the sale of consumer goods dedicated to indoor and outdoor installation (hereinafter the "Products"), through its website available at the URL addresses pro.casanoov.fr/ - pro.casanoov.be/ - pro.casanoov.it/ - pro.casanoov.es/ - pro.casanoov.de/ - pro.casanoov.nl/ - pro.casanoov.pl/ - pro.casanoov.lu/ - pro.casanoov.pt/ - pro.casanoov.at/ - pro.casanoov.ie/ - pro.casanoov.dk/ - pro.casanoov.fi/ - pro.casanoov.se/ - pro.casanoov.co.uk/ - pro.casanoov.cz/ - pro.casanoov.gr/ - pro.casanoov.hr/ - pro.casanoov.hu/ - pro.casanoov.lt/ - pro.casanoov.lv/ - pro.casanoov.ro/ - pro.casanoov.si/ - pro.casanoov.sk/ (hereinafter the "Site").
1.1. These T&Cs are intended to define the terms and conditions for ordering and supplying Products and apply, without restriction or reservation, to any order for Products placed by a Client on the Site. It is communicated to any Customer who requests it and is accessible at any time on its dedicated space on the Site.
1.2. These T&Cs form the basis of the commercial negotiation between HOORTRADE and each of its Clients, in accordance with the provisions of Article L.441-1 of the French Commercial Code. Unless otherwise agreed in writing by the parties, these T&Cs take precedence over any clauses to the contrary, in particular from any general terms and conditions of purchase of the Client.
1.3. They are systematically notified to the Client when validating their order placed with HOORTRADE, which necessarily implies the Client's full and unreserved acceptance of these T&Cs.
1.4. The fact that HOORTRADE does not avail itself, at a given time, of any of the provisions of these T&Cs cannot be interpreted as a waiver of the right to invoke it at a later date.
1.5. HOORTRADE reserves the right to modify and/or adapt these T&Cs at any time. Only the version in force on the day of the order placed by the Client on the Website is applicable to it and enforceable.
2.1. The creation of a professional customer account (hereinafter the "Professional Account") is not mandatory to access the Site, but remains a necessary prerequisite for the use of all the features dedicated to the Professional Customer (in particular, the consultation and download of Product sheets or Product prices) and for the placing of an order for Products. In the absence of a Professional Account, the Client can only view the Products without being able to access the corresponding prices or place an order.
2.2. The creation of a Professional Account allows the Client to consult their documents (quotes, invoices, etc.) and their order history in a space reserved for them.
2.3. Any creation of a Professional Account is done directly online from the Site, by clicking on the tab reserved for this purpose on the home page of the Site and dedicated to the professional eSpace or from each Product page.
2.4. As such, the creation of the Professional Account is carried out from its intra-community VAT number (identification key for professionals). The Client is obliged to verify the information contained in the registration form. When validating the Professional Account, the Client is invited to provide HOORTRADE with a Kbis extract as well as an identity document of its director in order to ensure the existence of the company and avoid any creation of a false account by an unauthorised third party.
2.5. The Client may not at any time change his company name and/or the information concerning him and provided to HOORTRADE from his intra-community VAT number. 2.6. Any validation of a Business Account implies that the Client is aware of and validated these T&Cs in their entirety and without reservation.
2.7. Once the request for the creation of a Professional Account has been regularized, HOORTRADE carries out any useful verification in order to validate the information provided by the Client.
2.8. The Client may only access his Professional Account and the entire Website once HOORTRADE confirms the creation of his Professional Account, by email to the address provided by the Client.
3.1. For each of the Products presented on the Site, the Client may request a free quote from HOORTRADE for the Product(s) previously chosen.
3.2. The quote issued for the benefit of the Client is sent to him with these T&Cs and is also accessible from his Professional Account.
3.3. If the Client accepts the terms, the Client is required to validate the quote directly through his Professional Account. This validation of the quote implies the full and unreserved acceptance of these T&Cs by the Client and constitutes proof of the Client's commitment to receive the Products.
3.4. The acceptance and validation of the quote allows the Client to place his order for Products and to pay the price through the Site, under the conditions described below.
3.5. Provided that it is expressly proposed by HOORTRADE, the Client may:
• Sign up to be alerted when a Product is out of stock, free of charge. An alert email is sent to the Client by HOORTRADE when the Product is available again, being restocked or being manufactured. Once the Product is available, the Customer may order or pre-order it, as the case may be. Signing up for an alert does not in any way result in the reservation of a Product.
• Pre-order a Product that is out of stock, in the process of being restocked or a new Product in the process of being manufactured. When a pre-order is possible, the Customer is duly informed when viewing the Product sheet.
Any validation of a pre-order on the Site implies full and unreserved acceptance of these T&Cs.
Payment for the Product selected by the Client is made directly on the Website, when the pre-order is placed. As such, the sums paid in advance by the Client do not constitute a deposit within the meaning of Article 1590 of the Civil Code.
In the event that the pre-ordered Product cannot finally be designed or restocked, HOORTRADE will cancel the pre-order of the Products and refund the sums paid in this respect.
• Order a Product in stock and presented on the Site, under the conditions described below.
3.6. To place an order, the Customer can add the Products they wish to purchase to their shopping cart or validate the quote they have previously requested from HOORTRADE.
3.7. HOORTRADE strives to provide visuals and descriptions that are as accurate as possible to the Products. However, as these elements are not contractual, HOORTRADE cannot be held liable in this respect.
3.8. HOORTRADE does not accept any order for custom-made products or products that are not presented on the Site, and reserves the right to refuse any order of an abnormal or excessive nature.
3.9. The Client may, in any event, modify their order or make corrections to the information provided until it is validated, and before any payment.
3.10. To validate their order, the Client must read these T&Cs and accept them in their entirety and without reservation.
3.11. The contract is definitively concluded between HOORTRADE and the Client once the latter receives the order confirmation e-mail, containing these T&Cs in PDF.
3.12. Any request relating to an order must be sent to HOORTRADE via the contact form dedicated to this purpose on the Site or via the Client's Business Account.
Price
4.1. Unless otherwise agreed between the parties, the Products are supplied at the prices in force on the day of placing the order or pre-order.
4.2. These prices are expressed net and excluding tax (excl. VAT) and are payable in euros. They do not include discounts that may apply.
4.3. Any purchase of Products for a total amount excluding tax less than or equal to €1,499 excluding tax gives rise to the application of a 5% discount on the total amount of his order excluding tax. Any purchase of Products for a total amount excluding tax greater than or equal to €1,500 excluding tax and less than or equal to €2,999 gives rise to the application of a 7% discount on the total amount of his order excluding tax. Any purchase of Products for a total amount excluding tax greater than or equal to €3,000 excluding tax gives rise to the application of a 10% discount on the total amount of his order excluding tax.
4.4. The Client pays the price of his order directly on the Site, the payment of his order being a necessary prerequisite for its validation.
4.5. An invoice in accordance with the provisions of Article L.441-9 of the French Commercial Code is sent to the Customer once the order has been validated and summarizes the terms of the order placed and the corresponding cost.
4.6. In the event of late payment at the due date, and not related to a total or partial non-performance by HOORTRADE of its obligations, HOORTRADE is entitled to obtain on the day following the payment date indicated on the invoice, automatically and by operation of law, without any formality or prior formal notice, and without prejudice to any other action that HOORTRADE may be entitled to brought, the payment of a penalty in an amount equal to three (3) times the legal interest rate in effect. In this case, the Client will also be automatically liable to HOORTRADE for a fixed indemnity of forty (40) euros excluding tax for recovery costs, in accordance with Article D.441-5 of the French Commercial Code.
5.1. Products ordered or pre-ordered on the Site are delivered to the address provided by the Customer, with all the corresponding instructions for use and installation. These documents may also be sent to the Client at his request.
5.2. In the event of a pre-order, the delivery time indicated on the Product sheet is an indicative time, but the Customer will be informed of the dispatch of their pre-order when this is possible (Product manufactured, Product back in stock, etc.).
5.3. The Products travel at the Customer's own risk.
5.4. The Products ordered are delivered to the Client within the time limit set with the latter. However, this period is only indicative and informative, as HOORTRADE ensures that it informs the Client of any possible delay in the delivery of its order for Products. HOORTRADE cannot be held liable in the event of a delay or suspension of the delivery of the Products attributable to the Client or the occurrence of a case of force majeure.
5.5. The Client is required to check the apparent condition of the Products when they are delivered. In the absence of reservations expressly expressed by the Client at the time of delivery, the Products delivered shall be deemed to conform in quantity and quality to the order placed by the Client. Any reservations must be made by the Client within 24 working hours (excluding non-working days or public holidays) of receipt of the Products. In the event of non-compliance with these formalities, no claim can be accepted by HOORTRADE.
6.1. The installation of the Products sold by HOORTRADE to the Client is not provided by HOORTRADE and remains exclusively at the expense of the Client.
7.1. By purchasing a Product on the Site, the Customer acknowledges that he or she is an informed professional who is used to the type of Products purchased.
7.2. The Client declares that he has carried out or had carried out, prior to any order for the Products, a study of the characteristics and performance of the said Products, which he deems suitable for his needs and thus waives any dispute on this point.
7.3. It is expressly agreed between the parties that HOORTRADE is not liable under the legal warranty against latent defects.
8.1. HOORTRADE and the Client ensure the smooth running of the performance of the contract binding them and respectively assume responsibility for the consequences resulting from their faults, errors or omissions and causing direct damage to the other party.
8.2. The Client is solely responsible for the quality, precision, relevance and accuracy of the information communicated to HOORTRADE for the creation of its Professional Account and/or for the purpose of placing and validating its order for Products. Any error on its part as to the information thus communicated is likely to impact the delivery of the Products ordered and may give rise to an additional invoicing of the Client by HOORTRADE.
8.3. The Client is solely responsible for the choice of the Products that he orders on the Site and that he may resell to his own customers. As such, the Client is solely liable in the event of damage caused to the Client or the Product during the sale of a Product by the Client or its suites, the Client remaining responsible for its after-sales service.
8.4. The assembly and assembly of the Products delivered are carried out under the sole responsibility of the Customer. Similarly, any cutting of the Product or modification of a part making up the Product is carried out under the sole responsibility of the Client. Under no circumstances can HOORTRADE be held liable for assembly that does not comply with the rules of the art or the assembly and use instructions.
8.5. The Client acknowledges that it is solely liable to HOORTRADE and, where applicable, to third parties, for any damage of any nature whatsoever occurring during the performance of the contract between it and HOORTRADE, and undertakes to indemnify the latter for all the consequences of the liability that may fall to it, due to bodily injury, material and/or immaterial, consecutive and/or non-consequential, caused to HOORTRADE, third parties, their property and/or their personnel. The Client guarantees HOORTRADE from any recourse against it in this respect.
Liability of HOORTRADE
8.6. HOORTRADE implements all the necessary measures in order to provide the Client, in optimal conditions, with quality Products that comply with those ordered. HOORTRADE assumes full responsibility for the Products it sells to the Client and deals solely with any possible claim relating to said Products.
8.7. HOORTRADE is only obliged to compensate for material damage caused to the Client and resulting from faults directly attributable to it in the context of the performance of the contract between them. In addition, it cannot be held liable in the event of damage suffered by the Client related to misuse or assembly/assembly of the Products not in accordance with the instructions provided.
8.8. In the event that HOORTRADE is held liable, it may not exceed the total amount excluding tax of the order concerned by the damage suffered by the Client.
9.1. "Force majeure" is defined as any event beyond the control of one of the parties and unlikely to be reasonably foreseen at the time of the conclusion of the contract established between HOORTRADE and the Client. Such an event is characterized as soon as the party, victim of such an event, would be prevented from properly performing its contractual obligations, despite the implementation of adequate and appropriate measures intended to limit its effects.
9.2. Neither party shall be held liable to the other for the non-performance or delays in the performance of an obligation arising from these T&Cs that may be due to the act of the other party following the occurrence of a case of force majeure, as recognized and defined by French case law.
9.3. The case of force majeure suspends the obligations arising from these T&Cs for the duration of its existence and neither party may, during this period, validly invoke the existence of such a case of force majeure within the meaning of Article 1218 of the Civil Code in order to justify the termination of its contractual relationship with the other party. However, if the case of force majeure had a duration of more than thirty (30) consecutive days, it would give rise to the right to the automatic termination of these T&Cs by either party, eight (8) days after the sending of a registered letter with acknowledgement of receipt notifying this decision.
10.1. The Website as well as the databases, texts, documents, information, images, photographs, graphics, logos or any other data are protected under Articles L.111-1 et seq. of the Intellectual Property Code and remain the exclusive property of HOORTRADE or, where applicable, of their respective owners from whom HOORTRADE has obtained the necessary operating authorisations.
10.2. HOORTRADE remains the owner of all intellectual property rights (including copyright and industrial property rights) relating to the Site as well as all intellectual property rights registered and registered with the National Institute of Intellectual Property (INPI), relating to any other distinctive sign belonging to it and under which HOORTRADE presents and markets the Products.
10.3. Any reproduction and/or representation, downloading, translation, adaptation, exploitation, distribution, dissemination and/or communication, in any form whatsoever, whether commercial or not, of all or part of the intellectual property rights held by HOORTRADE is strictly prohibited.
10.4. More broadly, the Client shall refrain from any action likely to directly or indirectly infringe HOORTRADE's intellectual property rights.
10.5. The Client remains the exclusive owner of the intellectual property rights and in particular of the trademark and logo under which it may operate its activity.
10.6. The Client is invited to report to HOORTRADE, via the contact form on the Site, any fraudulent use of HOORTRADE's intellectual property rights by an unauthorized third party.
11.1. The Client is informed that the creation of a Professional Account on the Website, the placing and validation of its orders for Products, the issuing of the corresponding invoices, the delivery of the Products and, if applicable, its registration as a partner installer, are likely to give rise to the collection and processing by HOORTRADE personal data concerning him (if he is a natural person) or concerning his representative and/or his privileged interlocutors, the use of which is subject to the provisions of Law No. 78-17 of 6 January 1978 relating to Information Technology, Data Files and Civil Liberties and European Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of personal data. ("GDPR").
11.2. HOORTRADE makes available to the Client a privacy policy describing the principles of collection and processing of personal data practiced by HOORTRADE and accessible on the Site, whether the Client is connected to his Business Account or not.
11.3. HOORTRADE may process personal data of third parties provided directly by the Client on his Professional Account.
11.4. In accordance with its obligations as a personal data processor, HOORTRADE undertakes to the Client to (i) implement all necessary and sufficient measures and guarantees in order to process and store the personal data concerned in the strict context of the execution of these terms and conditions and in compliance with the applicable legal and regulatory requirements in terms of data protection and (ii) guarantee protection of the rights of the persons whose personal data is processed.
12.1. These T&Cs are written in French.
12.2. In the event of translation of these T&Cs into one or more other languages, only the French version in force shall prevail in the event of a dispute between the Client and HOORTRADE of any nature whatsoever.
13.1. These T&Cs are governed by French law.
13.2. Any dispute to which these T&Cs (or any of their clauses) and/or the relationship between HOORTRADE and the Client may give rise, concerning their validity, application, interpretation, execution or resolution, its consequences and its consequences, shall be submitted to the competent courts within the jurisdiction of the Court of Appeal of Lyon, including in the event of summary proceedings, multiple defendants or third party claims.
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