General Terms and Conditions of Sale

Consult the After-Sales Service Charter

ARTICLE 1: Application and Purpose of the General Terms and Conditions of Sale

1.1 - These General Terms and Conditions of Sale ("hereinafter "GTCS") apply exclusively to sales concluded between the company SXMARTECH (hereinafter "SXMARTECH") and its customer (hereinafter the "Client") for the purchase of products according to the procedures indicated in Article 2 below (hereinafter "Products"), as well as the provision of services related to the sale of these products, and any other services that SXMARTECH may be required to perform. The Client acknowledges the after-sales service charter (hereinafter "SAV Charter") for the Products, available on the SXMARTECH website or upon request from the SXMARTECH customer service.

1.2 - Placing an order implies, unless expressly agreed otherwise in writing, the Client's full and unconditional acceptance of the GTCS. These GTCS prevail over any other contradictory document, notably the Client's purchasing conditions to which the Client expressly waives.

1.3 - SXMARTECH reserves the right to modify these GTCS and, in such a case, to apply them to all orders placed after the modification date.

1.4 - Specific provisions expressly agreed upon by contract or agreement shall supersede the conditions to which they deviate.

ARTICLE 2: Orders

2.1 - Orders can be placed by phone, on the SXMARTECH website (hereinafter the "Site"), by email, or by mail to the SXMARTECH customer service.

• By phone: 0590 873101, Monday to Friday from 9 AM to 5 PM.
• By Internet: www.sxmartech.com - Available 24/7.
• By email: [email protected], Monday to Friday from 9 AM to 5 PM.
• By mail: SXMARTECH - Customer Service - 306 Les Bougainvilliers, Galisbay, 97150 Saint-Martin.

2.2 - Before the first order via the Site, the Client must register on the Site by providing their name, address, email address, phone number, and password. The Client agrees to provide correct information at the time of registration. Any incomplete and/or false information is the responsibility of its author. Registration on the Site is strictly personal. Each Client is responsible for their registration and must ensure that no one else uses it. The Client assumes all responsibility for the use, even fraudulent, of their password and will take all measures to ensure its confidentiality. It is the Client's responsibility to select the Products they wish to order via the Site, according to the following conditions: before placing any order, the Client must access their personal account by providing their username and password. Upon validating the order, the Client authorizes payment by credit card for the price displayed on the Site.

2.3 - Each order will be confirmed to the Client by SXMARTECH by email as soon as possible. The sale will only be considered final after SXMARTECH sends the Client the confirmation of the acceptance of the order by email.

2.4 - Any modification or cancellation of an order requested by the Client must be subject to an express and written agreement from SXMARTECH, which has full discretion to refuse it. In any case, the modification or cancellation of an order can only be taken into account if it is subject to a written notification received by SXMARTECH at least three (3) days before the shipment of the Products. If SXMARTECH does not accept the modification or cancellation of the order, any deposits paid by the Client will not be refunded. An order accepted by SXMARTECH may still be canceled by SXMARTECH in the following cases, without any compensation of any kind: force majeure (as defined in Article 3.5 below) or lack of availability of the Products. In these cases, any payments made at the date of cancellation will be refunded.

2.5 - Minimum Order: The minimum order amount on the sxmartech.com website is €50 excluding VAT.

ARTICLE 3: Delivery / Delivery Times and Execution of Services

3.1 - The Products are deliverable to DOM-TOM (Saint-Martin/Sint-Maarten, St Barth) and metropolitan France. Please contact our services for any other destination.

3.2 - Risks and Transport: All risks of loss or damage to goods are transferred to the Client at the moment when the Client, or a third party other than the carrier proposed by our company and designated by the Client, physically takes possession of these goods (Article L216-4 of the Consumer Code). It is recommended to refuse delivery if the package is damaged, opened, or reconditioned, and to note precise and detailed reservations on the delivery slip. We invite you to immediately check the contents of the package and contact our company if any product is found to be damaged or missing compared to the packing slip. We recommend reiterating your complaints and reservations by registered letter to the carrier within three days of receipt, in order to preserve recourse against them (Article L133-3 of the Commercial Code).

If the Client opts for product pickup, they will be required to provide proof of identity or a power of attorney written on the Client's letterhead and signed by their manager. The delivery of the Products will take place at the postal address provided by the Client in the form on our sxmartech.com website during the purchase process, from Monday to Friday, 8:30 AM to 5:00 PM. If the Products are not collected within five (5) working days from the confirmation of the order, SXMARTECH reserves the right to cancel the order.

3.3 - Delivery Times: The Products ordered by the Client will be provided in DOM-TOM (Saint-Martin/Sint-Maarten, St Barth) and in metropolitan France within a timeframe that varies depending on the delivery option chosen by the Client at the time of ordering, to the address indicated by the Client. For any express delivery order of less than 30 kg placed before 9 AM from Monday to Thursday and before 8:30 AM on Friday, the Products will be shipped the same day. The delivery times and/or execution of services and the availability of the Products are provided for informational purposes only. SXMARTECH strives to meet the indicated timelines, subject to availability from its Suppliers and Carriers. The applicable delivery times are those indicated at the validation of your order. The delivery times only commence from the date of shipment of the order by SXMARTECH. Delivery within the indicated timelines will only be respected if the Client is up to date with their obligations to SXMARTECH. The Client is obliged to take all necessary measures to allow SXMARTECH to comply with these timelines; they also commit to respond to any information requests from SXMARTECH. If services cannot be executed or their duration is extended due to the Client, the latter must pay any additional travel and labor costs incurred by SXMARTECH.

3.4 - Free Shipping: Orders are delivered free of charge for amounts over €690 excluding VAT (only in metropolitan France, economical delivery, excluding articles with specific shipping costs, for orders placed on our website).

3.5 - SXMARTECH is released from its delivery obligation if it is prevented or delayed by an event of force majeure. The term force majeure refers to any unforeseen event independent of SXMARTECH's will that prevents or hinders the execution of its obligations, including, but not limited to: mobilization events, war, total or partial strikes, lockouts, requisitions, shortages of raw materials, failure of SXMARTECH's suppliers or subcontractors, fire, tool accidents, transportation interruptions or delays, or any other event hindering the activity of SXMARTECH, its suppliers, or subcontractors. SXMARTECH is automatically released from all commitments regarding delivery times and/or the execution of services in cases of force majeure as well as in the following cases: - when the Client fails to meet payment conditions; the information to be provided by the Client did not arrive in time; preparatory work required from the Client is not completed in a timely manner; non-compliance with installation and commissioning conditions for which the Client is responsible; changes made by the Client regarding the quantity or characteristics of the ordered products and/or services.

3.6 - In the specific case of direct delivery service of the Products by SXMARTECH to the end customer on behalf of the Client, the order form established by the Client must specify the contact details of the end customer. SXMARTECH cannot be held responsible for the non-compliance of the delivery of the Products with the order placed by the end customer, if this delivery complies with the order placed by the Client with SXMARTECH.

3.7 - In the event that the parties have agreed on international deliveries:
The Incoterm DDP will apply to all deliveries within the European Union.
The Incoterm CIP will apply to all deliveries outside the European Union.