Home General Terms of Sale

General Terms of Sale

Article 1 – Definitions

The “Site”: the website www.rouxel.com managed and hosted by the company ROUXEL SECAMA (hereinafter “ROUXEL”).

The “Customer”: refers to any professional ordering a Product.

The “Account Customer”: refers to the institutional customer who wishes to have a personal account with ROUXEL or one of its Affiliates.

The “Catalogue”: refers to the general catalogue of ROUXEL products sold by mail order or in store.

The “Order”: act of purchase of a Product by the Customer and binding ROUXEL only after express and written confirmation on its part.

The “Affiliate”: independent merchant member of the ROUXEL distribution network.

The “Legal Notices” inform any internet user, Customer or not, about the identity of the operator and the host of the Site as well as the conditions of access to the Site.

The “Registration”: action allowing an internet user to become a Customer and to be able to place an Order.

The “Product”: item ordered by the Customer.

The “Cart”: set of Products selected with a view to placing an Order on the Site.

Article 2 – Object – Contractual Hierarchy

The purpose of these General Conditions (hereinafter the “Conditions”) is to set the conditions and terms of sales of Products to Customers by internet or any other means. For sales from the Site, these Conditions are supplemented by the Legal Notices.

The Conditions and the accepted Order form constitute the entire contract binding the parties. Thus, emails and other documents including general purchase conditions exchanged prior to the acceptance of the Order have no legal value. In case of an Order from an Affiliate, these general conditions have a supplementary character to the Affiliate's own contractual conditions.

Article 3 – Customer Account – Acceptance of these Conditions

Upon Registration on the Site or at the first Order, the Customer declares to be a professional. The Customer provides a valid postal and email address; the Customer ensures their validity over time.

Upon Registration on the Site, the Customer chooses a personal identifier and password. After each use, the Customer must ensure that he logs out of his account at the end of each session. The Customer is responsible for maintaining the confidentiality of his password and account, and is fully responsible for any act involving the use of his identifier and password. In case of loss or theft of the identifier and/or password, or in case of use by an unauthorized third party, the Customer must immediately contact the Site.

By placing an Order, the Customer expressly accepts these General Terms of Sale. These General Terms are subject to be adapted or modified at any time. Only the version of the Conditions in force on the day of the Order will have legal value between the parties.

Article 4 – Product Orders – Prices

Product prices are expressed in Euros excluding taxes for the European continent and French DROM-COM for a purchase departing from Metropolitan France. For our partner EQUIP Boutique in Reunion Island, please contact them with the information you will find on the page Stores - Reunion to know the pricing applied in Reunion. For other destinations, it is necessary to contact ROUXEL.

Prices do not include packaging, transport, customs and insurance costs which remain the responsibility of the Customer.

Orders must be confirmed in writing, by means of an Order form duly signed by the Customer. Sales are only perfect after express and written acceptance of the Customer's Order by ROUXEL, which will notably ensure the availability of the requested Products.

For online Orders, at any time, the Customer can check the Products in the Cart, add or remove them. To validate the Order of Products in the cart, the Customer must click on “validate”. When the Order is validated, the Customer is then invited to pay on the dedicated payment platform (see provisions below). A confirmation email is sent to the Customer.

For the Account Customer, account management fees will be invoiced according to the scale in force.

Article 5 – Product Availability

ROUXEL will honor Orders within the limit of available stocks from its suppliers.

In case of unavailability of the ordered Product, or in case of non-acceptance by the Customer of the delivery delay imposed by this unavailability, ROUXEL will propose a replacement Product to its Customer who will retain full latitude to accept or refuse it. In case of refusal, sums already debited for the unavailable Product(s) will be re-credited to the debited account within thirty (30) calendar days.

In case of temporary stock shortage, the Customer will be informed of the new delay which he may accept or refuse. If he refuses, the order will be cancelled and no debit will be made.

Article 6 – Payment

The price of the Order is payable in cash, before delivery of the Products, unless written acceptance by ROUXEL. In case of late payment, penalties will be calculated based on the interest rate applied by the European Central Bank to its most recent refinancing operation increased by 10 percentage points, without formality or prior notice, in addition to the possibility for ROUXEL to suspend any current or future order and delivery, as well as a fixed indemnity for recovery costs in the amount of 40 euros. No discount will be granted in case of early payment.

For payments on the Site, banking data communicated are neither known nor kept by ROUXEL. In case of electronic payment failure, Products are not delivered and the Order is cancelled by right.

Article 7 – Delivery

7.1 Delivery Zone and Place

Packaging and shipping costs are added to the amount of the Order according to the tariff in force. Consult packaging and shipping costs.

ROUXEL delivers worldwide. Outside Metropolitan France, the Customer must contact ROUXEL. Products are delivered to the delivery address mentioned in the Order. Carriers are mandated to deposit packages at the entrance of the business or at the foot of the Customer's building. Delivery can in no case be made upstairs.

Internationally, unless otherwise stated accepted in writing by ROUXEL, products are deemed delivered “Free Carrier” (FCA) within the meaning of Incoterms 2010.

7.2 Transport

Unless special requirement of the Customer, carriers selected by ROUXEL ensure the delivery of Products.

7.3 Receipt – Reserves

It belongs to the Customer, in case of damage to delivered goods, non-conformity, missing items, to make all necessary reserves to the carrier.

Each package must be checked in the presence of the driver before signing the delivery slip.

In accordance with the provisions of Article L.133-3 of the Commercial Code and even internationally, any product not having been the subject of reserves to the carrier by registered letter with acknowledgment of receipt (copy of which will be sent simultaneously to ROUXEL) within three (3) days of its receipt, will be considered definitively accepted by the Customer.

7.4 Deliveries

Deliveries will be shipped at once. If a product of the Order is not available, the Order will not be shipped until the stock of this product is available.

7.5. Delivery Return – Non-delivery

Packaging, delivery and return costs are the responsibility of the Customer in case of refusal or non-delivery of the goods. In case of wrong address or absence during delivery, the costs of a new delivery are the responsibility of the Customer.

Returns of merchandise, if the customer is not satisfied, will only be accepted for a maximum period of fifteen (15) days. Products must be returned in their original packaging and in good condition. ROUXEL reserves the right to refuse the return if it considers that the packaging or the merchandise is damaged.

No refund will be made. A credit note will be issued in the customer's name. This credit note will be valid for a maximum period of 2 months.

Article 8 – Retention of Title – Transfer of Risks

The transfer of ownership of ROUXEL products to the Customer will only be realized after full payment of the price by the latter, regardless of the delivery date of said Products. On the other hand, the transfer of risks of loss and deterioration of ROUXEL Products will be realized upon delivery and receipt of said Products by the Customer. Internationally, according to the “FCA” Incoterms 2010, all risks are transferred to the Customer upon delivery of the Products to the carrier.

Article 9 – Warranty

9.1 No warranty of fitness for Customer's needs

The Customer is solely responsible for the suitability of the ordered Product(s) to their needs. ROUXEL therefore cannot accept any return for this reason.

9.2 Wood materials

Unless a specific and express warranty for certain solid wood Products, the indication of a wood species on a Product refers to its external appearance: these are imitation décors.

9.3 Products manufactured by ROUXEL

Under the warranty for hidden defects and for products entirely manufactured by ROUXEL only, ROUXEL shall be held to the sole replacement of defective goods, without the Customer being able to claim damages, for whatever reason. This warranty applies only to Products containing a manufacturing defect rendering them unfit for their intended use and not detectable by the Customer before use.

Where applicable, defective parts are replaced, subject to verification of the alleged defects. The Customer must provide all justification as to the reality of the defects observed. ROUXEL reserves the right to proceed, directly or indirectly, with any dispute and on-site verification.

9.4 Other Products sold

Products are sold as is, without any warranty of any kind. However, on certain duly identified Products, a manufacturer's warranty may be granted. In this case, all claims must be made directly to ROUXEL under the conditions of article 7.5 "Delivery Return". The Customer must provide all justification as to the reality of the defects observed. This warranty applies only to Products containing a manufacturing defect rendering them unfit for their intended use and not detectable by the Customer before use. The warranty is applicable only in mainland France. Where applicable, defective parts are replaced, subject to verification of the alleged defects. In any event, ROUXEL's liability shall not exceed the warranty granted by the manufacturer, builder or assembler. Return costs for products under warranty shall in no case be borne by ROUXEL.

Article 10 – Distinctive Elements of the Catalogue and/or the Site – Intellectual Property

The "ROUXEL" trade name is registered as a trademark. The domain name rouxel.com is protected. These elements cannot be used without the express authorization of their holder. The same applies to the distinctive signs of partners and/or manufacturers of the Products.

The Customer acknowledges that the content of the Catalogue, all documentation and the Site, including but not limited to, texts, the Products database, computer programs, music, sounds, photos, graphics, videos present on the Site are protected by copyright, trademark law or all other rights and laws relating to intellectual property. The Customer acknowledges that they are authorized to use these elements and information only within the limits expressly set by these Conditions.

Any reproduction of all or part of ROUXEL's contents for a purpose other than consulting the Site or placing an Order is prohibited without ROUXEL's authorization.

Article 11 – Liability

11.1 Access and operation of the Site

The Site relies on technologies developed by third parties. ROUXEL commits to implementing all necessary means to ensure continuous access to the Site. However, in order to ensure technical maintenance of the Site, access may be temporarily interrupted. Where possible, the Site will endeavor to notify Customers. The Customer must ensure the compatibility of their computer equipment and installed software to access the Site.

ROUXEL declines all liability in case of any damage that may result from the unavailability of the Site and/or a connection problem to the Site.

11.2 Placing and Executing an Order

ROUXEL excludes all liability in case of any delivery delay beyond the indicative timeframe announced. Such a delay does not allow the Customer to request cancellation of the sale, refuse the merchandise or claim damages of any kind.

ROUXEL shall not be held liable for non-performance of the concluded contract in case of stock shortage or unavailability of the Product whether in its own stocks, those of the supplier or the manufacturer.

ROUXEL'S LIABILITY SHALL ONLY BE ENGAGED IF IT IS ESTABLISHED THAT THE ALLEGED DAMAGE RESULTS FROM ITS OWN ACTION AND THAT THERE EXISTS A DIRECT AND CERTAIN CAUSAL LINK BETWEEN THE ALLEGED FAULT AND THE DAMAGE.

In any event, ROUXEL's liability shall not exceed thirty percent (30%) of the Order amount, all heads of damage combined.

11.3 Hotline

ROUXEL's liability cannot be sought for technical advice and information on Products provided to Customers. ROUXEL's liability cannot be sought either in case of unavailability of the hotline or interruption of this service.

11.4 Following Online Registration: loss or fraudulent use of login credentials / passwords

ROUXEL shall not be liable for any loss or damage that may result from the loss or fraudulent use of the Customer's passwords or login credentials.

11.5 Force majeure

Neither party shall be liable for non-performance of its obligations in case of circumstances qualifying as force majeure under French courts and in particular: strikes, terrorist acts, epidemics, wars, natural disasters and problems affecting suppliers, transport or production. In such circumstances, each party shall be entitled to additional time for performance. If the event were to last more than thirty (30) calendar days from the date of its occurrence, the sales contract may be terminated in writing by the most diligent party, without right to compensation for anyone.

Article 12 – Statute of Limitations

Any liability action against ROUXEL is time-barred one year after the Order or after the occurrence of the damaging event in case of tortious liability.

Article 13 – Data Protection

In accordance with Law No. 78-17 of January 6, 1978, as amended, known as the "Data Protection Act", personal data is subject to a declaration to the CNIL under number No. 1554428.

Any personal data concerning the Customer, natural person, is collected directly on the Site and/or the Order form. The Customer has rights of objection, access, rectification and deletion regarding personal data concerning them, with the exception of IP addresses, in accordance with current regulations on data retention. To exercise these rights, the Customer simply needs to send an email to the Site at the email address info@rouxel.com.

By registering, the Customer gives authorization for a possible transfer of registration data to other French partners or those domiciled in a Member State of the European Union or any State recognized by the CNIL as conducting a personal data protection policy.

Article 14 – Severability – Interpretation

The fact that ROUXEL does not exercise, at any given time, a prerogative recognized by the General Conditions shall in no case be interpreted as an express or tacit waiver of the right to exercise said prerogative in the future.

Furthermore, the recognition of the invalidity of a clause shall not affect the validity of the Conditions and of any other clause.

In case of contradiction between a provision of these General Conditions, the Legal Notices or any other indication on the Site, these General Conditions shall prevail.