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CONDITIONS GÉNÉRALES DE VENTE EN LIGNE

Article 1 • Purpose and Acceptance of the General Terms and Conditions of Sale

The company GLOBAL EXOD (hereinafter "GLOBAL EXOD") designs and markets, under the EXØD® brand, technical tents and accessories (hereinafter the "Products").

These General Terms and Conditions govern the sale of Products made by GLOBAL EXOD on the website www.exod.store (hereinafter the "Site") to any adult person purchasing the Products for non-professional use (hereinafter the "Customer").

When the Customer clicks on the "order with payment obligation" icon and checks the box "I have read the general terms and conditions of sale and accept them without reservation" to confirm their order for the selected Product(s), they acknowledge having read these General Terms and Conditions of Sale and accept them without reservation.

The Customer is therefore invited to pay particular attention to the following clauses.

The Customer cannot purchase any of the Products presented on the Site without first accepting these General Terms and Conditions of Sale.

Consultation of the Site by the Customer is also subject to the General Terms of Use, available on the Site, which the Customer declares to have read and accepted without reservation.

GLOBAL EXOD reserves the right to modify these General Terms and Conditions of Sale at any time by publishing an updated version on the Site. The applicable General Terms and Conditions of Sale are those in force on the Site at the date when the Customer places their order.

For the application of these general terms, it is agreed that the Customer and GLOBAL EXOD are collectively referred to as the "Parties" and individually as the "Party".

 

 

Article 2 • Products

2.1 Essential Characteristics and Presentation of the Product

GLOBAL EXOD informs the Customer of the essential characteristics of the Products offered for sale, including:

 

  • the model

  • the Product references

  • the price

  • the characteristics

  • the availability of the Product


Any representation of the Products on the Site is non-contractual. Since computer or smartphone screens can alter or change colors and the appearance of materials, GLOBAL EXOD is not responsible for the accuracy of the Product colors or the appearance of materials displayed online on the Site.

2.2 Pre-ordered Products

When a Customer finances a product on pre-order (hereinafter "Pre-orders"), it is not a purchase of the product but a donation (hereinafter "Donation") to fund the development/production of this product.

The collected money will be used to finance the production of the Product in question. If the Customer wishes to be refunded for a Donation and makes the request, the refund procedure will be possible until the date the goal of the number of units is reached.

When GLOBAL EXOD prepares a Pre-order project, it determines an estimated delivery date, which corresponds to the date on which it intends to start sending the rewards.

This date is an estimate and should not be considered a guarantee. This means that contributors are invited to be part of a creative process. It also means that the project may change along the way and unforeseen difficulties may disrupt GLOBAL EXOD’s production schedule.

Once the number of Pre-orders reaches the required number, the production of the product may be launched. In return, GLOBAL EXOD commits to delivering the Product under the best possible conditions.

The Product being presented is under development, meaning that the delivered Product may present variations in weight, design, and use.

The Customer who finances the Product does so knowing that the project may fail due to potential development, manufacturing, cost, or distribution issues. In case of project failure, the Customer who financed the project will not be able to get their Donation refunded. Any Pre-order of Products listed on the Site implies prior consultation of these general terms and their acceptance without reservation is irrevocable.

2.3 Product Availability

GLOBAL EXOD commits to honoring online orders within the limit of available stock.

Available Products are those listed on the Site on the day it is consulted by the Customer, unless otherwise stated.

At any time, GLOBAL EXOD reserves the right to stop the sale of a Product without affecting orders already placed for that Product.

If a Product is not available, GLOBAL EXOD commits to informing the Customer as soon as possible by email.

The Customer will then have the right to cancel their order. In the event of cancellation, the Customer will be refunded within a maximum of fourteen (14) days from the receipt of their refund request if payment has already been made.

 


Article 3 • Prices and Delivery Costs

Prices are indicated in euros, including VAT, excluding shipping costs and excluding customs duties or other rights and/or taxes related to the importation of Products into the Customer's country, if applicable, which the Customer will be responsible for.

It is specified that VAT is the French VAT at the standard rate in effect on the day of order confirmation.

If the VAT rate changes, this change may be reflected in the price of the Products.

GLOBAL EXOD reserves the right to modify the prices indicated on the Site at any time and without notice. Products will be billed based on the rates in effect at the time of the Customer's order confirmation.

 


Article 4 • Placing an Order

The Customer places their order from the Products presented on the Site and selects the number of Products.

Any order implies acceptance of the price corresponding to the Product(s) ordered.

They also provide the delivery address, choose the delivery method, and payment method.

Once their order is completed, the Customer has the option to review the ordered Product(s), the quantity, and the total price of their order in a summary.

The Customer can, if desired, modify or cancel their order.

The Customer validates the order by clicking the "order with payment obligation" button and declares to accept it as well as all the General Terms and Conditions of Sale, without reservation.

GLOBAL EXOD reserves the right to refuse or cancel any order from a Customer in the event of: the existence of a dispute related to the non-payment of a previous amount by the Customer; unusual orders regarding the quantities of Products ordered.


Article 5 • Payment and Reservation of Ownership Rights

Payment is made directly on the Site at the time of the order, in euros. At no time can the amounts paid be considered as deposits or down payments.

Payment is made by credit card, debit card, or PAYPAL.

Payments by credit or debit card are processed through a secure system via STRIPE.

The transaction is immediately charged to the Customer's card after verification of card details, upon receipt of authorization from the card issuer used by the Customer.

In accordance with Article L.132-2 of the French Monetary and Financial Code, the commitment to pay made by a payment card is irrevocable.

By providing credit or debit card information, the Customer authorizes GLOBAL EXOD to charge their card for the amount corresponding to the price of the products plus delivery costs, including VAT.

In this regard, the Customer confirms that they are the cardholder, that the name on the card is theirs, and that they have the necessary authorizations to proceed with the payment if required.

The Customer provides the sixteen digits and the expiration date of their credit or debit card, as well as, if applicable, the security code numbers.

In the event of fraudulent use of their credit or debit card on the Site, the Customer is invited to contact GLOBAL EXOD by email at the following address: contact@exod.store.

If the collection of the amounts due from the Customer cannot be made, the online sale will be immediately canceled by operation of law and the order will be canceled.

A detailed invoice will be sent by email to the Customer for each order.

The invoice is also available on the Customer's account.

Products remain the property of GLOBAL EXOD until all sums due from the Customer under the order, including fees and taxes, are collected.

 


Article 6 • Payment Security

Transactions on the Site are secured via the STRIPE or PAYPAL secure system.

Customer data cannot be detected, intercepted, or used by third parties. At no time do the Customer’s financial data pass through GLOBAL EXOD’s computer system.

3D Secure being a technical provider, has no involvement in any disputes related to orders which are handled directly by GLOBAL EXOD as specified above or, if applicable, by the Customer's bank.

 

Article 7 • Delivery

Products are delivered to the delivery address provided by the Customer during the ordering process.

It is the Customer's responsibility to verify the completeness and accuracy of the information provided to GLOBAL EXOD, as GLOBAL EXOD is not responsible for any errors due to incorrect information, or for the consequences in terms of delay or delivery errors.

In this context, all costs incurred for the redelivery of Products will be fully borne by the Customer.

GLOBAL EXOD will deliver orders accompanied by an invoice, within a maximum of 30 working days for delivery in mainland France, and 45 working days for delivery to any other destination.

It is specified that the delivery times indicated are in working days, excluding Saturday, Sunday, and public holidays, and correspond to the usual average delivery times including processing, preparation, and delivery of the order.

They start from the date of confirmation of the order by GLOBAL EXOD.

In the event of cancellation, the Customer will be refunded, by any means of payment, the total amounts paid, as soon as possible and no later than fourteen (14) days from the date of receipt of the cancellation notice by GLOBAL EXOD.

GLOBAL EXOD cannot be held responsible for the non-performance of the contract, particularly in the event of non-delivery, due to the Customer (incorrect information regarding the delivery address), an unforeseen cause or an external third party to the contract or force majeure.

The amount of delivery costs depends on the geographical delivery zone and the weight of the order.

In all cases, the amount of delivery costs will be indicated to the Customer before order validation.

GLOBAL EXOD reserves the right to choose the delivery method and carrier, notably based on the dimensions and weight of the ordered Products.

 

 

Article 8 • Receipt of the Order and Product Compliance

Upon receipt of the Products, the Customer must check the condition of the packaging and the integrity of the delivered Products. If necessary, any reservations or claims must be noted on the carrier’s delivery slip, and GLOBAL EXOD must be informed by sending a copy of the reservations made with the carrier by postal or electronic mail within 14 working days from the date of delivery of the Products to the following address:

GLOBAL EXOD - 42 Corniche de Neuburg, 34200 SÈTE or contact@exod.store

The Customer must also send any claim regarding delivery errors and/or missing items to GLOBAL EXOD within 14 days from delivery.

Any claim received after this period will be rejected without possibility of recourse. The Customer is also required to verify the compliance of the Products received in connection with their order at the time of delivery. Any non-compliance or defect must be reported to GLOBAL EXOD within the legal time limits.

In this regard, it is noted that GLOBAL EXOD is responsible for product non-compliance issues under the conditions of Article L.217-12 and following of the Consumer Code, and for hidden defects of the sold product under the conditions provided by Articles 1641 to 1648 and 2232 of the Civil Code.

For legal compliance guarantees, the Customer:

- Has a period of two years from the delivery of the goods to take action;
- Can choose between repair or replacement of the item, subject to the cost conditions set out in Article L. 211-9 of the Consumer Code;
- Is not required to provide proof of the existence of the non-compliance defect of the item during the twenty-four months following the delivery of the item.


The legal compliance guarantee applies regardless of any commercial warranty that may have been granted.

The Customer may also decide to invoke the warranty against hidden defects of the sold goods as per Article 1641 of the Civil Code, in which case they can choose between canceling the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.

 

Applicable Texts:

Article L217-4 of the Consumer Code

The seller must deliver goods that conform to the contract and is responsible for any non-conformity existing at the time of delivery.

The seller is also responsible for any non-conformity resulting from packaging, assembly instructions, or installation, if the installation was specified in the contract or carried out under the seller's responsibility.

Article L217-5 of the Consumer Code

Goods are considered to conform to the contract if:

1° They are suitable for the usual use expected from similar goods and, where applicable:

– if they match the description provided by the seller and have the qualities that the seller presented to the buyer as a sample or model;

– if they have the qualities that a buyer can legitimately expect given the public statements made by the seller, producer, or their representative, particularly in advertising or labeling;

2° Or if they meet the characteristics agreed upon by both parties or if they are suitable for any special use sought by the buyer, which was communicated to and accepted by the seller.

Article L217-6 of the Consumer Code

The seller is not bound by public statements made by the producer or their representative if it is established that the seller was unaware of these statements and could not reasonably have been aware of them.

Article L217-12 of the Consumer Code

Any action resulting from a lack of conformity must be initiated within two years from the date of delivery of the goods.

Article 1641 of the Civil Code

The seller is liable for defects that make the sold goods unfit for their intended use or that significantly diminish their use to the extent that the buyer would not have purchased them, or would have paid a lower price if they had known about these defects.

Article 1648, Paragraph 1, of the Civil Code

Any action resulting from hidden defects must be initiated by the buyer within two years from the discovery of the defect. In the case of a return for non-conformity or hidden defect, the customer must request this from GLOBAL EXOD’s customer service via email at contact@exod.store, providing a detailed description of the defect or non-conformity observed.

GLOBAL EXOD will review the customer’s request and will proceed, at the Customer’s choice, with an exchange or refund of the Products, shipping, and return costs if the request is deemed valid.

No return for non-conformity or hidden defect will be accepted without prior validation by GLOBAL EXOD.

In all cases, the warranty is excluded in the event of non-compliance by the Customer with the "Product Use and Care Instructions" or for any abnormal use of the Products, or for purposes other than those for which they were designed.

Article 9 • Right of Withdrawal

In accordance with the provisions of the Consumer Code, the Customer has a period of fourteen (14) working days from the receipt of the Products to exercise their right of withdrawal, without having to provide reasons or pay any penalties, except for the return shipping costs, by completing the standard withdrawal form available on the Site or by sending an email to the following address: contact@exod.store.

The Customer will then receive, without delay, an acknowledgment of receipt of their withdrawal by email.

Within fourteen (14) days following the submission of the withdrawal form or email to GLOBAL EXOD, the Customer must return the products to the following address:

GLOBAL EXOD - 42 Corniche de Neuburg, 43200 SÈTE

The Customer is responsible for keeping the proof of postage for the package, which will be provided by the postal service. The postal stamp will serve as evidence of the date of return of the Product.

The return is at the Customer’s expense, and in the event of loss of the package, no refund will be issued.

GLOBAL EXOD undertakes to refund the Customer, using the same payment method as that used by the Customer for the initial transaction, the price of the Product as well as the standard delivery costs, without unjustified delay and no later than fourteen (14) days from the date of receipt of the Products.

The costs and risks of the return are borne by the Customer.

The right of withdrawal can only be exercised for Products that are returned complete, in perfect condition, clean, and in their original packaging.

Products that are returned incomplete, damaged, dirty, or unfit for resale, for any reason, will not be accepted.

The Customer is responsible for any depreciation of the Product resulting from handling other than what is necessary to establish its nature, characteristics, and proper functioning.

 

Article 10 • Liability

GLOBAL EXOD cannot be held liable in the event of non-compliance with the laws of the country where the product is delivered. It is therefore the Customer's responsibility to check with local authorities regarding regulations on the importation or use of the Products.

GLOBAL EXOD cannot be held liable for any inconveniences or damages inherent to the use of the Internet, including service disruptions, inability to access the Site, external intrusions, the presence of computer viruses, or any event qualified as force majeure according to French law.

The Customer is solely responsible for any damage caused to themselves or to a third party resulting from improper use of the Products, and GLOBAL EXOD cannot be held liable in this regard.

 


Article 11 • Customer Service

For any information, questions, or complaints, GLOBAL EXOD's customer service is available to the Customer by email at: contact@exod.store.

Article 12 • Personal Data

Classification of Collected Data: The personal data collected and subsequently processed by GLOBAL EXOD includes the information voluntarily provided by the Customer via the Site.

This may include the following information: name, surname, phone number, email address, company, job title, address, city, postal code, state/province, country.

GLOBAL EXOD also collects information through its member area for service personalization, which includes: profile picture, username, last name, first name, email address.

Purpose of Collecting Personal Data:

The data identified as mandatory in the form are necessary for managing orders, payment authentication, and product delivery.

Data Transmission to Third Parties:

The data may be transmitted to companies involved in the provision of services and orders, their management, execution, payment processing, and delivery.

GLOBAL EXOD is committed to not transmitting data to any other third parties beyond those mentioned above.

Data Retention Period:

These data are stored and retained for the duration strictly necessary to achieve the purposes mentioned above.

Right of Access and Rectification:

The Customer is informed that, in accordance with applicable French and European regulations, they have the following rights, provided they can prove their identity:

 

  • The right to object, for legitimate reasons, to the processing of their personal data for purposes other than those stated herein, to which they have consented.

  • The right to object, at no cost, to the processing of collected data for current or future commercial purposes by the data controller.

  • The right to be informed about the processing of their personal data.

  • The right to obtain information on the processing of personal data managed by GLOBAL EXOD and any information necessary to understand and, if applicable, contest the reasoning behind the processing of said data.

  • The right to obtain a copy of their personal data, as well as the right to rectify, port, update, or delete all or part of these data.

  • The Customer can exercise their rights by contacting GLOBAL EXOD, providing their name, surname, and address, via email at: contact@exod.store.

 

Password Confidentiality:

The Customer agrees and acknowledges that they are responsible for maintaining the confidentiality of passwords associated with any account used to place orders on the Site. Consequently, the Customer agrees to be the sole and unique person liable to GLOBAL EXOD for any actions taken from their account.

If the Customer becomes aware of any unauthorized use of their password or account, they agree to inform GLOBAL EXOD without delay.

Receipt of Commercial Offers:

Depending on the choices made during account creation or consultation, the Customer may receive offers from GLOBAL EXOD and/or its partners, as indicated during account creation.

If the Customer changes their mind and no longer wishes to receive commercial offers, they can request this at any time by sending an email to: contact@exod.store.

Article 13 • Force Majeure

GLOBAL EXOD cannot be held liable for any delay or contractual breach resulting from a case of force majeure, defined as any unavoidable and/or unforeseeable event external to the Parties.

The performance of GLOBAL EXOD's obligations will be suspended in the event of a force majeure occurrence as defined by French case law. In such cases, GLOBAL EXOD will inform the Customer as soon as possible about the duration of the force majeure event and its foreseeable consequences.

 

 

Article 14 • Non-Waiver Agreement

The fact that GLOBAL EXOD does not invoke any of the clauses of these General Terms and Conditions at any given time does not constitute a waiver of the right to subsequently enforce these same clauses.

 

 

Article 15 • Modification

GLOBAL EXOD reserves the right to modify these General Terms and Conditions of Sale at any time, with the Customer being bound by these changes.

Orders will therefore be governed by the version of the General Terms and Conditions of Sale in effect on the day of their validation by the Customer.

 


Article 16 • Independence of Clauses

If one (or more) of the clauses of these General Terms and Conditions of Sale is considered null and void, the validity of the other clauses will not be affected, unless they are inseparable from the null clause.

 


Article 17 • Entire Agreement

These General Terms and Conditions of Sale, the General Terms of Use of the Site, and the order summary sent to the Customer constitute a contractual whole and represent the entire agreement between the Parties.

 


Article 18 • Governing Law - Disputes

The sales contract concluded between GLOBAL EXOD and the Customer is governed by French law, excluding the application of any international conventions.

The original language of this contract is French.

The English version of this contract is a translation provided for informational purposes only. In the event of a conflict in the translation, the French text will prevail.

In case of a dispute, the Customer is informed that they may seek the assistance of a consumer mediator after a failed attempt at amicable resolution directly with GLOBAL EXOD, in accordance with the provisions of the Consumer Code.

The Customer can find information on this and a list of mediators on the following website: http://www.economie.gouv.fr/mediation-conso/saisir-mediateur

Furthermore, the Customer has the option to use the European Online Dispute Resolution (ODR) platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

In the absence of mediation, jurisdiction is assigned to the French courts.
The competent court will be designated according to the procedural rules in force in France at the time of the dispute.

 

contact us at: contact@exod.store

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