Terms and Conditions of Sale

1.1 These Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by the company ETESIA SAS ("the Seller") to non-professional buyers ("the Customers" or "the Customer"), wishing to acquire the products offered for sale by the Seller ("the Products") on the website www.etesia.fr. In particular, they specify the conditions of order, payment, delivery, and the management of any returns of Products ordered by Customers. The Products offered for sale on the website www.etesia.fr are ride-on or pedestrian lawnmowers, power tools, accessories, blades, and spare parts.

1.2 The main characteristics of the Products, and notably the specifications, illustrations, and indications of dimensions or capacity of the Products, are presented on the website www.etesia.fr.

1.2.1 The Customer is required to read them before placing any order.

1.2.2 The choice and purchase of a Product is the sole responsibility of the Customer.

1.2.3 The Customer is required to refer to the description of each Product to know its essential properties and specificities.

1.2.4 Product offers are subject to availability, as specified when the order is placed.

The Seller's contact details are as follows:

ETESIA S.A.S.

13 rue de l'industrie

67160 Wissembourg

France

Tel.: +33 (0)3 88 54 89 00

Fax: +33 (0)3 88 94 06 24

Email: etesia@etesia.com

SIREN No. 343 510 996

RCS STRASBOURG B 343 510 996

1.3 These Terms and Conditions of Sale apply to the exclusion of all other conditions, and notably those applicable for in-store sales or through other distribution and marketing channels.

1.3.1 These Terms and Conditions of Sale are accessible at any time on the website www.etesia.fr and will prevail, if applicable, over any other version or any other contradictory document.

1.4 The Customer declares to have read these Terms and Conditions of Sale and to have accepted them by ticking the box provided for this purpose before completing the online ordering procedure, as well as the general terms of use of the website www.etesia.fr.

1.5 As these Terms and Conditions of Sale may be subject to subsequent amendments, the version applicable to the Customer's purchase is the one in force on the website at the date the order is placed.

1.6 Unless proven otherwise, the data recorded in the Seller's IT system constitutes proof of all transactions concluded with the Customer.

1.7 In accordance with the French Data Protection Act (loi Informatique et Libertés) of 6 January 1978, the Customer has, at any time, a right of access to, rectification of, and objection to all of their personal data by writing a letter and proving their identity to:

ETESIA S.A.S.

13 rue de l'industrie

67160 Wissembourg

France

Tel.: +33 (0)3 88 54 89 00

Fax: +33 (0)3 88 94 06 24

Email: etesia@etesia.com

SIREN No. 343 510 996

RCS STRASBOURG B 343 510 996

1.8 The Products presented on the website www.etesia.fr are offered for sale for the following territories: Mainland France.

1.9 The Customer acknowledges having the capacity required to contract and acquire the Products offered on the website www.etesia.fr.

2.1 It is the Customer's responsibility to select the Products they wish to order on the website www.etesia.fr, in accordance with the following procedures:

2.1.1 To be able to place an order, the Customer must first log in or register on the website www.etesia.fr by completing the "Create my account" form or during the validation of their shopping basket.

2.1.2 Any order confirmed by the Customer constitutes express acceptance of the prices displayed and the descriptions of the products available for sale. Furthermore, the Customer declares to have read these Terms and Conditions of Sale prior to placing their order. The validation of the order constitutes acceptance of these Terms and Conditions of Sale.

2.1.3 At each stage of the ordering process, the Customer may check the contents of their order at any time and have access to all information relating to the selected products, their price, delivery conditions, payment methods and conditions, and their right to withdraw from the order.

2.1.4 The validation of the order and its payment constitute final confirmation of the order, which will be confirmed by sending an email containing all the information already provided, the Terms and Conditions of Sale, and the withdrawal form.

2.2 Product availability: products offered for sale on the website www.etesia.fr are stated as available or unavailable. However, if an item becomes unavailable while the order is being prepared, ETESIA SAS will contact the Customer to inform them of the product's unavailability and of the total or partial cancellation of their order.

2.3 In the event of a partial cancellation of the order, the remaining items will be dispatched to the Customer at no extra cost, and the amount for the cancelled products will be refunded to the Customer as soon as possible.

2.4 In the event of a total cancellation of the order, the total amount of the order will be fully refunded to the account used for payment.

2.5 Ordering process: The customer selects the products they wish to purchase and adds them to their basket (if the products are available for online ordering).

As soon as an item is added to the basket, the customer is notified that it has been successfully added and can either continue shopping or complete their order by accessing their basket.

The customer can access their basket at any time to modify its contents (delete a product, increase the quantity, enter a discount voucher).

Once the customer is satisfied with their basket, they must update it, accept the terms and conditions of sale, and proceed to the delivery and payment stage.

If the customer has not previously logged in, they are invited to do so, provided they have a customer account.

Otherwise, www.etesia.fr invites them to create an account in order to obtain the items they have added to their basket.

The customer selects and validates the delivery and billing addresses, accepts the Terms and Conditions of Sale, and proceeds to payment.

They are then redirected to a secure page on the partner bank's website.

Once payment has been made, the customer receives an order confirmation email (sent to the email address provided during account creation). They will then receive two further emails: the first informing them of the dispatch of their order according to the delivery method selected when placing the order, and the second containing their invoice as an attachment.

2.6 Product offers are valid as long as they are visible on www.etesia.fr, subject to availability.

2.7 The sale will only be considered final after the Seller has sent the Buyer confirmation of acceptance of the order by email and after the Seller has received full payment.

2.7.1 It is the Customer's responsibility to check the accuracy of the order and to report any errors immediately.

2.8 Any order placed on the website www.etesia.fr constitutes the formation of a distance contract concluded between the Customer and the Seller.

2.9 The Customer will be able to track the progress of their order on the website www.etesia.fr.

2.10 The Seller does not intend to sell the Products on the website www.etesia.fr to professionals, but solely to consumers for their personal use.

2.11 The Seller therefore reserves the right to refuse orders for the same Product in large quantities.

3.1 The Products are supplied at the current prices displayed on the website www.etesia.fr at the time the order is registered by the Seller. All prices are expressed in Euros, exclusive and inclusive of VAT, but excluding delivery and handling charges (these will be added to the price of the Products and itemised before you accept the Terms).

3.2 The prices take into account any discounts that may be granted by the Seller on the website www.etesia.fr.

3.3 These prices are fixed and non-adjustable during their period of validity, as indicated on the website www.etesia.fr; the Seller reserves the right, outside this period of validity, to modify prices at any time. They do not include processing, shipping, transport, and delivery charges, which are invoiced as an additional cost under the conditions specified on the website www.etesia.fr and calculated prior to placing the order.

3.4 The payment requested from the Customer corresponds to the total amount of the purchase, including these charges.

3.5 An invoice is issued by the Seller and sent to the Customer by email after the ordered Products have been dispatched.
 

4.1 Methods of Payment

4.1.1 The price is payable in full upfront on the day the order is placed by the Customer, via a secure payment method, in accordance with the following procedures:

By credit or debit card: Payment can be made as preferred on the secure banking server of our partner CM-CIC using Carte Bleue, Visa, or other debit/credit cards (including e-Carte Bleue). No banking details concerning you are processed through the website www.etesia.fr. Payment by card is therefore completely secure; your order will be registered and validated as soon as the payment is accepted.

By bank transfer: Your order will be registered and validated upon receipt of the transfer.

4.2 Internet and Security

4.2.1 Payment Security: All payments for orders are made directly to our partner bank. All data transmitted during the transaction is fully secure. The secure payment platform is PCI DSS certified by Visa in order to secure card data. This compliance is a guarantee of IT security.

4.2.2 Protecting your computer: We advise you to have up-to-date antivirus software, an enabled firewall, and to perform the security updates recommended by the manufacturers of your applications and operating system.

4.2.3 Payments made by the Customer will only be considered final once the Seller has effectively received the cleared funds due.

4.2.4 The Seller shall not be obliged to deliver the Products ordered by the Customer if the Customer does not pay the full price in accordance with the conditions indicated above.

4.2.5 No additional fees, exceeding the costs incurred by the Seller for the use of a payment method, may be charged to the Customer.

5.1 The Products ordered by the Customer will be delivered in Mainland France within a period of 5 days from the dispatch of the order, to the address specified by the Customer when placing their order on the website www.etesia.fr.

5.2 Delivery is established by the transfer of physical possession or control of the Product to the Customer.

5.3 Except in special circumstances or in the event of the unavailability of one or more Products, the Products ordered will be delivered in a single consignment.

5.4 The Seller undertakes to use its best endeavours to deliver the products ordered by the Customer within the timeframes specified above. However, these timeframes are given for information purposes only. If the Products ordered have not been delivered within 30 days after the date the contract was concluded, for any reason other than force majeure or the Customer's own act, the sale may be cancelled at the written request of the Customer under the conditions provided for in Articles L138-2 and L138-3 of the French Consumer Code (Code de la consommation). Any sums paid by the Customer will then be returned to them no later than fourteen days following the date of termination of the contract, to the exclusion of any compensation or deduction.

5.5 Delivery option: delivery to the address specified by the Customer.

5.6 Deliveries are carried out by an independent carrier, to the address mentioned during the ordering process, which must be easily accessible to the carrier.

5.7 Any delivery charges will be indicated to you on the Online Shop during the ordering process.

5.8 A flat-rate delivery contribution is applied according to the following schedule. This is also available below each item under the heading "View our postage costs policy":

The calculation of delivery charges is automated.

5.9 In the event of a specific request from the Customer regarding the packaging or transport conditions of the ordered products, duly accepted in writing by the Seller, the related costs will be subject to specific additional invoicing, based on a quotation previously accepted in writing by the Customer.

6.1 The transfer of ownership and the risks of loss or damage to the Seller's Products will only take place after full payment of the price and at the moment when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk.

7.1 In accordance with Articles L.221-18 of the French Consumer Code (Code de la consommation), the customer has the right to withdraw from this contract without giving any reason within a period of fourteen days.

The withdrawal period will expire fourteen days after the day on which the Customer, or a third party other than the carrier and designated by the Customer, takes physical possession of the goods. To exercise the right of withdrawal, the Customer must notify the Seller of their decision to withdraw from this contract by means of an unambiguous statement (e.g. a letter sent by post, a fax, or an email). The Customer may use the model withdrawal form provided in Appendix 2 attached, but it is not compulsory. To meet the withdrawal deadline, it is sufficient for the Customer to send their communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

7.2 Effects of withdrawal

In accordance with Article L.221-24 of the French Consumer Code, if the Customer withdraws from this contract, the Seller shall reimburse to the Customer all payments received from them, including delivery charges (with the exception of supplementary costs resulting from the Customer choosing, where applicable, a delivery method other than the least expensive standard delivery method offered by the Seller) without undue delay and, in any event, no later than fourteen days from the day on which the Seller is informed of the Customer's decision to withdraw from this contract.

The Seller will carry out such reimbursement using the same means of payment as the Customer used for the initial transaction, unless the Customer has expressly agreed otherwise; in any event, this reimbursement will not incur any fees for the Customer.

The Seller may withhold reimbursement until the Seller has received the goods back or until the Customer has supplied evidence of having sent back the goods, whichever is the earliest. The Customer must bear the direct costs of returning the goods.

8.1 The Products sold on the website www.etesia.fr comply with the regulations in force in France and have performance levels compatible with non-professional use.

8.2 The Products supplied by the Seller benefit automatically and without additional payment, independently of the right of withdrawal, in accordance with legal provisions, from:

-The statutory warranty of conformity, for Products that are apparently defective, damaged, or spoiled, or do not correspond to the order;

-The statutory warranty against hidden defects resulting from a material, design, or manufacturing defect affecting the delivered products and making them unfit for use;

-Under the terms and conditions defined in the appendix to these Terms and Conditions of Sale (Warranty of Conformity / Warranty against Hidden Defects).

When acting under the statutory warranty of conformity, the consumer:

-Has a period of two years from the delivery of the goods to take action;

-May choose between the repair or replacement of the goods, subject to the cost conditions provided for by Article L211-9 of the French Consumer Code;

-Is exempt from proving the existence of the lack of conformity of the goods during the six months following the delivery of the goods. This period is extended to twenty-four months from 18 March 2016, except for second-hand goods.

8.3 The statutory warranty of conformity applies independently of any commercial warranty that may be granted.

8.4 The consumer may decide to invoke the warranty against hidden defects of the item sold within the meaning of Article 1641 of the French Civil Code (Code civil), and in this case, they may choose between the cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the French Civil Code.

8.5 In order to assert their rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within a maximum period of two years from the delivery of the Products, or of the existence of hidden defects within a maximum period of two years from their discovery.

8.5.1 The Seller will repair or replace the Products or parts under warranty deemed to be non-conforming or defective.

8.5.2 Outward shipping costs will be reimbursed on the basis of the invoiced rate, and return shipping costs will be reimbursed upon presentation of supporting receipts.

8.5.3 Refunds for Products deemed non-repairable or non-replaceable that are found to be non-conforming or defective will be processed as soon as possible following the Seller's confirmation of the lack of conformity or hidden defect.

8.5.4 The refund will be made by crediting the Customer's bank account or by a bank cheque sent to the Customer.

8.6 The Seller shall 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, use for professional purposes, 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.

8.7 The Seller's warranty is, in any event, limited to the replacement or reimbursement of non-conforming or defective Products.

8.9 Products purchased on the website www.etesia.fr may benefit, in addition to the statutory warranties of conformity and hidden defects, from an optional paid contractual warranty as indicated in the description of each Product concerned, according to the terms, conditions, and rates set out in the appendix to these Terms and Conditions of Sale (Warranty Contract).

8.10 The contractual warranties cover [List of contractual warranties] to the exclusion of [List of situations not covered by contractual warranties].

9.1 Pursuant to Law 78-17 of 6 January 1978, it is recalled that the personal data requested from the Customer is necessary, in particular, for processing their order and issuing invoices.

9.1.1 This data may be disclosed to any partners of the Seller responsible for the execution, processing, management, and payment of orders.

9.2 The processing of information communicated via the website www.etesia.fr has been declared to the CNIL (the French Data Protection Authority).

9.3 In accordance with current national and European regulations, the Customer has a permanent right of access, modification, rectification, and objection regarding information concerning them.

9.4 This right may be exercised under the conditions and according to the procedures defined on the website www.etesia.fr.

10.1 The content of the website www.etesia.fr is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.

10.2 Any total or partial reproduction of this content is strictly prohibited and may constitute an offence of infringement (counterfeiting).

10.3 Furthermore, the Seller remains the owner of all intellectual property rights in the photographs, presentations, studies, drawings, models, prototypes, etc., produced (even at the Customer's request) for the purpose of providing the Services to the Customer. The Customer is therefore prohibited from any reproduction or exploitation of the said studies, drawings, models, prototypes, etc., without the express, prior, and written authorisation of the Seller, which may be conditional upon financial consideration.

11.1 These Terms and Conditions of Sale and the transactions arising from them are governed by and subject to French law.

11.2 These Terms and Conditions of Sale are drafted in the French language. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.

12.1 All disputes to which the purchase and sale transactions concluded pursuant to these Terms and Conditions of Sale might give rise, concerning their validity, interpretation, performance, termination, consequences, and subsequent effects, and which could not be resolved between the Seller and the Customer, shall be submitted to the competent courts under ordinary law (droit commun).

12.2 The Customer is informed that they may, in any event, resort to conventional mediation, notably before the Consumer Mediation Commission (Commission de la médiation de la consommation - C. consom. art. L 534-7) or to any alternative dispute resolution method (conciliation, for instance) in the event of a dispute.

13.1 The Customer acknowledges having received, prior to placing their order, in a legible and comprehensible manner, these Terms and Conditions of Sale and all the information and details referred to in Articles L111-1, L.111-2, and L121-17 of the French Consumer Code (Code de la consommation), and in particular:

• The essential characteristics of the Product, taking into account the communication medium used and the Product concerned;
• The price of the Products and ancillary costs (delivery, for example);
• In the absence of immediate performance of the contract, the date or timeframe within which the Seller undertakes to deliver the Product;
• Information relating to the Seller's identity, postal, telephone, and electronic contact details, and its activities, if they are not apparent from the context;
• Information relating to legal and contractual warranties and their implementation procedures;
• The possibility of resorting to conventional mediation in the event of a dispute;
• The period during which or the date until which the spare parts essential for the use of the Products are available on the market;
• Information relating to the right of withdrawal (existence, conditions, timeframe, procedures for exercising this right, and the standard withdrawal form), the costs of returning the Products, termination procedures, and other important contractual conditions.

13.2 The fact that a natural (or legal) person orders on the website www.etesia.fr implies full and complete adherence to and acceptance of these Terms and Conditions of Sale, which is expressly acknowledged by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Seller.

The products marketed by ETESIA SAS are intended for the maintenance of green spaces and public highways. For all motorised products, the user undertakes to read the user manual detailing the precautions for use (supplied with the ordered product).