Article 1 – Preamble and definitions

1.1 – Presentation of the company

GAIDOU EQUIPEMENTS PRO, a limited liability company, with a share capital of 25,000.00 euros, registered in the National Register of Companies under number 892 456 123, whose registered office is located at 15 Rue de la liberté 14920 MATHIEU, represented by Mr. Gaidou Laurent, as Manager.

Intra-community VAT number: FR72 892 456 123
Email: [email protected]

1.2 – Definitions

In these general conditions of sale, words or expressions beginning with a capital letter shall have the following meaning:

• " Customer " : means any professional or legal entity purchasing products or services from the company GAIDOU EQUIPEMENTS PRO.
• " Order " : means any order placed by the Customer in order to benefit from the services of the company GAIDOU EQUIPEMENTS PRO.
• "General Terms and Conditions" : means these General Conditions of Sale.
• "Products" : designates all products (materials, equipment, supplies) offered for sale by the company GAIDOU EQUIPEMENTS PRO.
• " Site " : designates the website accessible at the address restochr.com, from which the company GAIDOU EQUIPEMENTS PRO offers its Products.

Article 2 – Application of the General Terms and Conditions

2.1 – Scope of application

These General Terms and Conditions apply, without restriction or reservation, to all sales concluded by the company GAIDOU EQUIPEMENTS PRO with Customers, concerning all Products offered on the Site.

2.2 – Availability and enforceability of the T&Cs

The General Terms and Conditions are made available to Customers on the Site where they can be consulted directly and can also be communicated upon simple request.

The General Terms and Conditions are binding on the Customer who acknowledges, by ticking a box provided for this purpose before confirming his Order, having read and accepted them.

2.3 – Modification of the T&Cs

GAIDOU EQUIPEMENTS PRO reserves the right to modify its General Terms and Conditions at any time. In the event of modification of the General Terms and Conditions, the applicable General Terms and Conditions are those in effect on the date of the Order, a copy of which, dated on that date, may be provided to the Customer upon request.

2.4 – Clauses of the T&Cs

The invalidity of a contractual clause does not entail the invalidity of the General Terms and Conditions. The temporary or permanent non-application of one or more clauses of the General Terms and Conditions by GAIDOU EQUIPEMENTS PRO shall not constitute a waiver on its part of the other clauses of the General Terms and Conditions, which shall continue to be effective.

Article 3 – Product Information

3.1 – Product characteristics

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 Site.

The Customer is required to read them before placing an Order. The choice and purchase of a Product are the sole responsibility of the Customer.

3.2 – Availability of products

Product offers are subject to availability. In the event that the ordered Product is unavailable, GAIDOU EQUIPEMENTS PRO will inform the Customer as soon as possible and offer:

• either to order another Product appearing on the Site,
• or to cancel his Order.

3.3 – Advice and information

For any questions relating to the Products and their use, the Customer can contact the customer service of the company GAIDOU EQUIPEMENTS PRO via the email address: [email protected].

Article 4 – Orders

4.1 – Placing the order

It is up to the Customer to select the Products he wishes to order on the Site, according to the following terms:

• The Customer selects the Products and adds them to their basket.
• He fills out the online order form, providing all the requested information.
• The Customer then checks the elements of his Order and, if necessary, corrects them.
• He confirms his Order after having read and accepted the General Terms and Conditions by ticking the box provided for this purpose.
• He makes the payment under the conditions provided.

The sale will only be considered final after GAIDOU EQUIPEMENTS PRO has sent the Customer confirmation of acceptance of the Order by email and after the latter has received payment in full.

4.2 – Modification of the order

Any modification of the Order by the Customer after confirmation of his Order is subject to acceptance by the company GAIDOU EQUIPEMENTS PRO.

The company GAIDOU EQUIPEMENTS PRO reserves the right to make modifications to the ordered Product which are linked to technical developments under the conditions provided for in article R.212-4 of the Consumer Code.

4.3 – Cancellation of the order

In the event of cancellation of the Order by the Customer after its acceptance by the company GAIDOU EQUIPEMENTS PRO, for any reason whatsoever other than the exercise of the right of withdrawal or force majeure, a sum corresponding to 30% of the total amount of the Order will be acquired by the company GAIDOU EQUIPEMENTS PRO, as damages, in compensation for the loss thus suffered.

Article 5 – Prices and payment terms

5.1 – Prices

The prices of the Products are indicated in Euros excluding taxes (HT) and precisely determined on the Product description pages. They are also indicated in Euros including all taxes (TTC) on the Order confirmation page.

GAIDOU EQUIPEMENTS PRO reserves the right to modify its prices at any time for the future. However, the price listed in the catalog on the day of the Order will be the only one applicable to the Customer.

The prices indicated include order processing fees, but do not include delivery costs, which are charged in addition and calculated prior to placing the order.

5.2 – Payment terms

Payment for purchases is made only by bank card according to the following terms:

• Payment is made in cash on the day the Order is confirmed.
• Payment data is exchanged in encrypted mode using the SSL (Secure Socket Layer) protocol.
• No payment information is stored on our servers.

GAIDOU EQUIPEMENTS PRO reserves the right to suspend any Order management and any delivery in the event of refusal of payment authorization by officially accredited organizations.

5.3 – Invoice

GAIDOU EQUIPEMENTS PRO will send an invoice to the Customer electronically after each payment. The Customer agrees to receive invoices exclusively electronically.

Article 6 – Delivery

6.1 – Delivery time

The Products ordered by the Customer will be delivered in Europe within the time indicated when ordering, to which is added the processing and delivery time to the address indicated by the Customer when placing the Order.

The delivery time depends on the type of product ordered and the delivery method chosen:

• For light objects (under 20kg): 3-5 working days with DHL or UPS - Postage: €6.99 (DHL) or €12.99 (UPS) - Free if order > €690
• For medium-sized objects (20kg to 100kg): 5-7 working days with DHL or UPS - Postage: €59.99 - Free if order > €690
• For heavy objects (over 100kg) : 7-10 working days with private carrier - Postage: 99 € - Free if order > 690 €.

6.2 – Delay in delivery

In the event of a delivery delay, GAIDOU EQUIPEMENTS PRO will inform the Customer by email. The Customer may then choose to maintain or cancel their Order. GAIDOU EQUIPEMENTS PRO cannot be held responsible for the consequences of a delivery delay that is not attributable to it.

In the event of force majeure making delivery of the Order impossible, GAIDOU EQUIPEMENTS PRO will inform the Customer and offer either a postponement of delivery or cancellation and reimbursement of the Order.

6.3 – Verification upon delivery

The Customer is required to check the condition of the Products delivered. In the event of damage being found, the Customer must:

• Issue specific and detailed reservations on the delivery slip or transport slip.
• Inform GAIDOU EQUIPEMENTS PRO by email at [email protected] within 48 hours of delivery, accompanied by photographs of the damage noted.

If these formalities are not complied with, the Products will be deemed to be compliant and free from any apparent defect, and no claim may be validly accepted by GAIDOU EQUIPEMENTS PRO.

Article 7 – Right of withdrawal

7.1 – Conditions of exercise

In accordance with the legal provisions in force, the Customer has a period of fourteen (14) days from receipt of the Products to exercise his right of withdrawal from the company GAIDOU EQUIPEMENTS PRO, without having to provide reasons or pay a penalty.

If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the delivery costs will be refunded; the return costs will remain the responsibility of the Customer.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be resold as new, accompanied by the purchase invoice.

7.2 – Exclusions

In accordance with the provisions of Article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised for:

• Products made according to the Customer's specifications or clearly personalized.
• Products which, due to their nature, cannot be returned or are likely to deteriorate or expire rapidly.
• Products unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection.

7.3 – Terms of exercise

To exercise his right of withdrawal, the Customer must notify his decision to withdraw by means of an unambiguous declaration by email to the address [email protected] or by post to the head office address.

In order for the withdrawal period to be respected, it is sufficient for the Customer to send his communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.

7.4 – Reimbursement

In the event of withdrawal by the Customer, GAIDOU EQUIPEMENTS PRO will reimburse all payments received from the Customer, including delivery costs (with the exception of additional costs arising from the fact that the Customer has chosen, where applicable, a delivery method other than the least expensive standard delivery method offered) without undue delay and, in any event, no later than fourteen (14) days from the day on which GAIDOU EQUIPEMENTS PRO is informed of the decision to withdraw from the contract.

The refund will be made using the same means of payment as that used by the Customer for the initial transaction, unless the Customer expressly agrees to a different means; in any event, this refund will not incur any costs for the Customer.

Article 8 – Legal guarantees

8.1 – Legal guarantee of conformity

In accordance with Articles L.217-4 et seq. of the Consumer Code, the company GAIDOU EQUIPEMENTS PRO is liable for any defects in conformity of the Product sold existing at the time of delivery.

To act under the legal guarantee of conformity, the Client:

• Benefit from a period of two years from delivery of the Product to act.
• May choose between repair or replacement of the Product, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code.
• Is exempt from providing proof of the existence of the lack of conformity of the Product during the twenty-four months following delivery of the Product.

8.2 – Legal guarantee against hidden defects

In accordance with Articles 1641 et seq. of the Civil Code, GAIDOU EQUIPEMENTS PRO is liable for the warranty against hidden defects in the Product sold which render it unfit for the use for which it is intended, or which reduce this use so much that the Customer would not have purchased it, or would have paid a lower price for it, if he had been aware of them.

To act under the guarantee for hidden defects, the Customer:

• Must act within two years of discovering the defect.
• May choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.
• Must provide proof that the defect existed prior to the sale and that it was not apparent at the time of purchase.

8.3 – Commercial guarantee

Certain Products may also be subject to a commercial warranty granted by the manufacturer. The conditions and duration of this warranty are indicated on the product sheet and/or in the documentation accompanying the Product.

Article 9 – Liability

9.1 – Company liability

The company GAIDOU EQUIPEMENTS PRO is fully liable to the Customer for the proper performance of the obligations resulting from the contract concluded remotely.

However, the liability of the company GAIDOU EQUIPEMENTS PRO cannot be engaged in the following cases:

• In the event of non-performance or poor performance of the contract attributable to the Client.
• In the event of non-compliance with the conditions of use, installation or maintenance of the Product indicated in the documentation accompanying the Product.
• In the event of force majeure as defined in article 10 of these T&Cs.

9.2 – Limitation of liability

GAIDOU EQUIPEMENTS PRO cannot be held responsible for any indirect damages that may arise from the purchase of the Products.

Indirect damages include, in particular, operating losses, loss of profit, loss of opportunity, commercial losses, consequences of complaints or claims by third parties against the Client.

9.3 – Customer Obligation

The Customer is solely responsible for the choice of Products, their storage from the time of delivery and their use. It is the Customer's responsibility, where appropriate, to seek the advice of a qualified professional for the installation and use of the Products ordered.

Article 10 – Force majeure

The performance of the obligations of GAIDOU EQUIPEMENTS PRO under these terms is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent its performance.

GAIDOU EQUIPEMENTS PRO will notify the Customer of the occurrence of such an event as soon as possible.

The following events are considered to be cases of force majeure: wars, riots, fires, floods, internal or external strikes, failure of suppliers, impossibility of supply, decisions of the authorities, modification of the regulations applicable to these General Terms and Conditions or to the Products.

Article 11 – Intellectual property

11.1 – Intellectual property rights

All elements of the Site, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents.

They are the exclusive property of GAIDOU EQUIPEMENTS PRO. Any hyperlink to the Site using framing or deep-linking techniques is strictly prohibited.

11.2 – Use of the Site

Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of the elements of the Site, including computer applications, without the prior written consent of GAIDOU EQUIPEMENTS PRO, is strictly prohibited.

This prohibition constitutes an act of counterfeiting engaging the civil and criminal liability of its author.

Article 12 – Personal data

12.1 – Collection of personal data

As part of its business activity, GAIDOU EQUIPEMENTS PRO collects and processes personal data concerning the Client. This data is processed in accordance with the General Data Protection Regulation (GDPR) and the French Data Protection Act.

12.2 – Purposes of processing

Personal data is collected and processed for the following purposes:

• Management of orders, delivery and invoicing.
• Customer relationship management and after-sales service.
• Sending commercial information and newsletters, subject to the prior consent of the Client.
• Development of trade statistics.
• Prevention and fight against fraud.

12.3 – Customer Rights

In accordance with applicable regulations, the Client has the right to access, rectify, erase, limit, transfer and oppose the processing of data concerning him/her.

To exercise these rights, the Customer can send their request by email to [email protected] or by post to the address of the head office of GAIDOU EQUIPEMENTS PRO.

12.4 – Retention period

Personal data is kept for the period strictly necessary to achieve the purposes for which it was collected and in accordance with legal retention periods.

12.5 – Host

The data collected on the Site is hosted by the company OVH, in accordance with current regulations.

Article 13 – Mediation and dispute resolution

13.1 – Customer Service

For any complaints, the Customer can contact the customer service of the company GAIDOU EQUIPEMENTS PRO:

• By email: [email protected]
• By mail: GAIDOU EQUIPEMENTS PRO – Customer Service – 15 Rue de la liberté 14920 MATHIEU

13.2 – Mediation

In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, the company GAIDOU EQUIPEMENTS PRO adheres to the following mediator service:

MEDICYS
73 boulevard de Clichy
75009 Paris
Email: [email protected]
Website: www.medicys.fr

After prior written action by consumers towards the company GAIDOU EQUIPEMENTS PRO, the mediation service can be contacted for any consumer dispute which has not been resolved.

13.3 – Online Dispute Resolution Platform

In accordance with Regulation (EU) No. 524/2013, the Client may also consult the Online Dispute Resolution platform set up by the European Commission at the following address: https://ec.europa.eu/consumers/odr/

Article 14 – Applicable law and competent jurisdiction

14.1 – Applicable law

These General Terms and Conditions and the operations resulting from them are governed by and subject to French law.

14.2 – Language

These General Terms and Conditions are written in French. In the event that they are translated into one or more foreign languages, only the French text will be authoritative in the event of a dispute.

14.3 – Competent jurisdiction

In the event of a dispute relating to the interpretation, formation, validity or execution of these General Terms and Conditions, and in the absence of an amicable agreement between the parties, exclusive jurisdiction is granted to the courts of Caen, notwithstanding multiple defendants or third-party claims.

This jurisdiction clause does not apply in the event of a dispute with a non-professional Client for which the legal rules of material and geographical jurisdiction will apply.