Terms & Conditions of sale

Effective 01/11/2023

ARTICLE 1 : SCOPE OF APPLICATION

These General Terms and Conditions of Sale (hereinafter referred to as "GTCS") apply, without restriction or reserve, to all sales concluded by the Vendor with non-professional purchasers ("Customers or the Customer"), wishing to acquire the products offered for sale ("Products") by the Vendor on the safel.fr website. The Products offered for sale on the site are as follows: All types of products on quotation at the customer's request (except perishable foodstuffs). The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the safel.fr site, which the customer is required to read before ordering. The choice and purchase of a Product are the sole responsibility of the Customer. Product offers are subject to availability, as specified when the order is placed. These General Terms and Conditions of Sale are accessible at all times on the safel.fr website and shall prevail over any other document. The Customer declares that he/she has read and accepted the present General Terms and Conditions of Sale by ticking the box provided for this purpose before completing the online ordering procedure on the safel.fr website. In the absence of proof to the contrary, the data recorded in the Vendor's computer system constitutes proof of all transactions concluded with the Customer. The Vendor's contact details are as follows Service Achat France Europe Logistique (SAFEL), SAS Share capital of 69880.50 euros Registered with the RCS of Bordeaux, under number 408478329 20 ZA du Grand Chemin, 33370 YVRAC Email : eshop@safel.fr Phone number: 05 56 92 65 67 Intracommunity VAT number FR49408478329 The products presented on the safel.fr website are offered for sale in the following territories: SaintMartin, Sint Maarten and Saint-Barthélemy. 2 In the event of an order to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned. For all Products shipped outside the European Union and French overseas departments and territories, the price will automatically be calculated exclusive of tax on the invoice. Customs duties or other local taxes, import duties or state taxes may be payable. They will be charged to and are the sole responsibility of the Customer.

ARTICLE 2 : PRICES

The Products are supplied at the prices in force on the safel.fr website at the time the order is registered by the Vendor. Prices are expressed in Euros, excluding VAT and including VAT. Prices take into account any discounts granted by the Seller on the safel.fr website. These prices are firm and non-revisable during their period of validity, but the Seller reserves the right to modify them at any time outside their period of validity. Prices do not include processing, shipping, transport and delivery charges, which are invoiced in addition, under the conditions indicated on the site and calculated before the order is placed. The payment requested from the Customer corresponds to the total amount of the purchase, including these costs. An invoice is issued by the Vendor and given to the Customer upon delivery of the Products ordered. Certain orders may be subject to a previously accepted quotation. Quotations drawn up by the Vendor are valid for 7 days from their date of issue.

ARTICLE 3 : ORDERS

It is the Customer's responsibility to select the products they wish to order on the safel.fr website, according to the following procedures: The customer has two options: 3 1. Purchase products available in the "articles" section of the site:
- The customer clicks on the item they wish to purchase
- Enter the quantity and click on "Add to basket".
- Go to the shopping cart and choose your destination (Saint-Martin or Saint-Barthélemy)
- Click on "Pay my order".
- Then register or log in
- Then proceed to payment by credit card 2. Purchase by requesting a quote :
- In the section provided for this purpose in the "Home" or "Shopping cart" tabs
- The customer clicks on "Add an item" and then copies/pastes the link of the item(s) he wishes to add to his quote, or he can click on "Add a requirement" and enter his request in the box provided.
- He then clicks on "Add to cart".
- Go to the "Basket" tab, enter the destination (Saint-Martin or Saint-Barthélemy), and click on "Request a quote".
- Finally, they create an account or log in to validate their request.
- Once their request has been processed, they receive an all-inclusive quote in their personal space.
- They can then pay by credit card, or contact us if they wish to pay by other means. Product offers are valid as long as they are visible on the site, while stocks last. The sale will be considered valid only after full payment of the price. It is the Customer's responsibility to check the accuracy of the order and to report any errors immediately. Any order placed on the safel.fr website constitutes the formation of a distance contract between the Customer and the Vendor. The Vendor reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over payment of a previous order. The Customer may follow the progress of his order on the site.

ARTICLE 3 BIS : CUSTOMER AREA ACCOUNT

In order to place an order, the Customer is invited to create an account (personal space). To do so, they must register by filling in the form provided at the time of ordering, and undertake to provide truthful and accurate information concerning their civil status and contact details, in particular their e-mail address. The Customer is responsible for updating the information provided. Customers are informed that they can modify this information by logging into their account. To access his personal space and order history, the Customer must identify himself using his strictly personal user name and password, which will be sent to him after registration. The Customer agrees 4 not to divulge them to any third party. Should he/she do so, he/she shall remain solely responsible for any use made thereof. The Customer may also request to unsubscribe by going to the dedicated page in his/her personal space or by sending an e-mail to: eshop@safel.fr. Unsubscription will take effect within a reasonable time. In the event of non-compliance with the general terms and conditions of sale and/or use, the safel.fr website may suspend or even close a customer's account after a formal notice has been sent by email and has remained without effect. Any account deletion, for whatever reason, will result in the deletion of all the customer's personal information. The Vendor shall not be held liable for any event due to force majeure resulting in malfunction of the site or server, subject to any interruption or modification in the event of maintenance. The creation of an account implies acceptance of the present terms and conditions of sale. 5

ARTICLE 4 : TERMS OF PAYMENT

The price is paid by secure payment as follows:
- payment by credit card
- or by bank transfer to the Vendor's bank account (details of which are given to the Customer when the order is placed). The price is payable in full by the Customer on the day the order is placed. However, the Customer may, where this option is indicated on the safel.fr website, pay in accordance with the following terms and payment schedule:
- 3 equal instalments spread over 3 months. In this case, in the event of late payment and payment of the sums due by the Customer after the above-mentioned deadlines, and after the payment date shown on the invoice sent to the Customer, late payment penalties calculated at the legal rate applicable to the amount of the purchase price shown on the said invoice, including VAT, will be automatically due to the Vendor, without any formality or prior formal notice. Late payment will result in the immediate payment of all sums due by the Customer, without prejudice to any other action that the Vendor may be entitled to take against the Customer in this respect. In addition, the Vendor reserves the right to suspend or cancel the delivery of current orders placed by the Customer in the event of non-compliance with the above payment conditions. Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider involved in banking transactions carried out on the safel.fr website. Payments made by the Customer will only be considered final once the Seller has received the sums due. The Vendor shall not be obliged to deliver the Products ordered by the Customer if the latter does not pay the price in full in accordance with the above conditions.

ARTICLE 5 : DELIVERY

Products ordered by the Customer will be delivered to Metropolitan France or to the following zone(s): Saint-Martin, Sint Maarten, Saint-Barthélemy. Deliveries are made within 8 weeks (for standard delivery):
- Saint-Martin and Sint-Maarten: to HOPE ESTATE, Grand Case, Lot 53-54, 97150 Saint-Martin
- Saint-Barthélemy: at AMTM, Port de Commerce, 97133 Saint-Barthélemy
- or directly to the address indicated by the Customer when ordering on the site, if home delivery is explicitly offered. 6 Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. Except in special cases or when one or more Products are unavailable, all Products ordered will be delivered at once. The Vendor undertakes to use its best efforts to deliver the Products ordered by the Customer within the time limits specified above. If the Products ordered have not been delivered within 8 weeks of the indicative delivery date, for any reason other than force majeure or the fault of the Customer, the sale may be cancelled at the written request of the Customer under the conditions set out in articles L 216-2, L 216-3 and L241-4 of the French Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of cancellation of the contract, to the exclusion of any compensation or deduction. In the case of home deliveries, deliveries are made by an independent carrier, to the address given by the Customer at the time of ordering, and to which the carrier has easy access. When the Customer has chosen a carrier, delivery is deemed to have taken place as soon as the Products ordered have been handed over by the Seller to the carrier, who has accepted them without reservation. The Customer therefore acknowledges that it is the carrier's responsibility to make the delivery and has no recourse against the Vendor in the event of non-delivery of the goods transported. In the event of a special request by the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Vendor, the related costs will be subject to specific additional invoicing, on the basis of an estimate previously accepted in writing by the Customer. The Customer must check the condition of the products delivered. The Customer has 48 hours from the date of delivery to make any claims by :
- Contact form on safel.fr
- Mail: eshop@safel.fr All claims must be accompanied by all relevant supporting documents (notably photos). Once this period has elapsed, and if these formalities have not been complied with, the Products will be deemed to be in conformity and free from any apparent defect, and no claim will be validly accepted by the Seller. The Vendor will reimburse or replace, as soon as possible and at its own expense, any Products delivered which the Customer has duly proved to be lacking in conformity, or to have an apparent or hidden defect, in accordance with the conditions set out in Articles L 217-4 et seq. of the French Consumer Code and those set out in these GTS. 7 The transfer of the risks of loss and deterioration relating to the Products will only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk, except when the Customer has chosen the carrier. In this case, the risks are transferred when the goods are handed over to the carrier.

ARTICLE 6 : TRANSFER OF OWNERSHIP

The transfer of ownership of the Products from the Vendor to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of said Products.

ARTICLE 7 : RIGHT OF RETRACTION

In accordance with article L221-18 of the French Consumer Code, "For contracts providing for the regular delivery of goods during a defined period, the period runs from receipt of the first good". The right of withdrawal may be exercised online, using the withdrawal form attached hereto and also available on the site, or by any other unambiguous statement expressing the wish to withdraw, and in particular by post addressed to the Vendor at the postal or e-mail address indicated in ARTICLE 1 of the GTCS. Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) to enable them to be remarketed as new, accompanied by the purchase invoice. Damaged, soiled or incomplete products will not be accepted. Return shipping costs will be borne by the customer. The exchange (subject to availability) or refund will be made within 8 weeks and 14 days respectively from receipt by the Vendor of the Products returned by the Customer under the conditions set out in the present article.

ARTICLE 8 : SELLER’S LIABILITY WARRANTIES

Products supplied by the Vendor benefit from :
- the legal guarantee of conformity, for defective, damaged or damaged Products or Products not corresponding to the order,
- the legal warranty against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use, 8 Legal warranty provisions Article L217-4 of the French Consumer Code "The seller is obliged to deliver goods in conformity with the contract, and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation, when the latter is his responsibility under the contract or was carried out under his responsibility. Article L217-5 of the French Consumer Code "The good conforms to the contract: 1° If it is fit for the purpose usually expected of similar goods and, where applicable :
- if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model ;
- if it has the qualities that a buyer may legitimately expect, having regard to public statements made by the seller, the producer or his representative, particularly in advertising or labelling. 2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter." Article L217-12 of the French Consumer Code "Any action resulting from a lack of conformity must be brought within two years of delivery of the goods." Article 1641 of the French Civil Code. "The seller is bound by the warranty for hidden defects in the item sold which render it unfit for its intended use, or which impair this use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, had he been aware of them". Article 1648 paragraph 1 of the French Civil Code "The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. Article L217-16 of the French Consumer Code. "When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the duration of the warranty which remained to run. 9 This period runs from the date of the buyer's request for repair, or from the date the item in question is made available for repair, if the item is made available after the request for repair. In order to assert his rights, the Customer must inform the Vendor, in writing (e-mail or letter), of the non-conformity of the Products or the existence of hidden defects as soon as they are discovered. The Vendor will reimburse, replace or repair Products or parts under warranty deemed to be nonconforming or defective. Shipping costs will be reimbursed on the basis of the invoiced rate, and return shipping costs will be reimbursed upon presentation of receipts. Refunds, replacements or repairs of Products found to be non-compliant or defective will be made as soon as possible and at the latest within a few days of the Vendor's finding of the non-compliance or hidden defect. This reimbursement may be made by bank transfer or directly to the credit card used to make the purchase. The Vendor may not be held liable in the following cases:
- non-compliance with the legislation of the country to which the products are delivered, which it is the Customer's responsibility to check,
- in the event of misuse, professional use, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure.
- The photographs and graphics presented on the site are not contractual and do not engage the responsibility of the Vendor. The Vendor's warranty is, in any event, limited to the replacement or reimbursement of Products that do not conform or are defective.

ARTICLE 9 : PERSONAL DATA

The Customer is informed that the collection of his personal data is necessary for the sale of Products by the Vendor and for their transmission to third parties for the purpose of delivering Products. This personal data is collected solely for the purpose of executing the sales contract. 9.1 Collection of personal data The following personal data is collected on the safel.fr website: Account opening When creating a customer/user account: Full name, postal address, telephone number and e-mail address. Payment When paying for Products offered on the safel.fr site, the site records financial data relating to the Customer's bank account or credit card. 10 9.2 Recipients of personal data Personal data is reserved for the sole use of the Seller and its employees. 9.3 Data controller The data controller is the Seller, within the meaning of the French Data Protection Act and, as of May 25, 2018, Regulation 2016/679 on the protection of personal data. 9.4 Limitation of processing Unless the Customer expresses his express consent, his personal data will not be used for advertising or marketing purposes. 9.5 Data retention period The Vendor will keep the data thus collected for a period of 5 years, covering the period of prescription of the applicable contractual civil liability. 9.6 Security and confidentiality The Seller implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet. 9.7 Enforcement of customer and user rights In application of the regulations applicable to personal data, Customers and users of the safel.fr website have the following rights:
- They may update or delete their personal data as follows:
- Contact form on safel.fr
- Mail: eshop@safel.fr
- They can delete their account by writing to the e-mail address indicated in article 9.3 "Data controller".
- They may exercise their right of access to their personal data by writing to the address indicated in article 9.3 "Data controller".
- If the personal data held by the Vendor is inaccurate, they may request that the information be updated by writing to the address indicated in article 9.3 "Data controller".
- They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in article 9.3 "Data controller".
- They may also request the portability of data held by the Vendor to another service provider.
- Finally, they may object to the processing of their data by the Vendor. These rights, provided that they do not object to the purpose of the processing, may be exercised by sending a request by post or e-mail to the Data Controller whose contact details are given above. The data controller must reply within a maximum of one month. Any refusal to grant the Customer's request must be justified. 11 The Customer is informed that in the event of refusal, he may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority. The Customer may be asked to tick a box by which he agrees to receive informative and advertising e-mails from the Vendor. They may withdraw their consent at any time by contacting the Vendor (contact details above) or by following the unsubscribe link.

ARTICLE 10 : INTELLECTUAL PROPERTY

The content of the safel.fr website is the property of the Vendor and its partners and is protected by French and international intellectual property laws. Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

ARTICLE 11 : DROIT APPLICABLE LANGUE

These General Terms and Conditions of Sale and the transactions arising therefrom are governed by and subject to French law. These GCS are written in French. Should they be translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.

ARTICLE 12 : DISPUTES

For all complaints, please contact customer service at the Seller's postal or e-mail address indicated in ARTICLE 1 of these GTCS.
The Customer is hereby informed that, in the event of a dispute, he/she may have recourse to conventional mediation, with existing industry mediation bodies, or to any alternative dispute resolution method (conciliation, for example).
In this case, the appointed mediator is : MEDIATOR IN SEARCH
Name of mediation service] [Postal address of mediation service [Postal address of the mediation service]
[Website of the mediation service]
E-mail : [E-mail address of the mediation service]
Customers are also informed that they may also use the Online Dispute Resolution (ODR) platform:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All disputes arising out of or in connection with the purchase or sale of goods pursuant to these General Terms and Conditions of Sale, which are not settled amicably by the seller or by mediation, shall be submitted to the competent courts under the conditions of ordinary law.
> APPENDIX I : WITHDRAWAL FORM
Date : ____________________
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on safel.co.uk, unless there are exclusions or limitations to the exercise of the right of withdrawal according to the applicable General Terms and Conditions of Sale. * For the attention of SAS, Service Achat France Europe Logistique (SAFEL) 20 ZA du Grand Chemin, 33370 YVRAC
I hereby give notice of withdrawal from the contract for the goods below:

- Order of (indicate date): .........................................................................................................................

- Order number: .......................................................................................................................................

- Customer name :....................................................................................................................................

- Customer's address:...............................................................................................................................
Signature of the Customer (only in case of notification of this form on paper)