Professional CGV

GENERAL TERMS AND CONDITIONS OF SALE – PROFESSIONALS

Website operated by: KPX PARTS SAS, share capital of 6 000 €, 8 Rue de Strafay, 01380 Bâgé-le-Châtel, France, registered with the RCS Bourg-en-Bresse 829 075 381, intra-Community VAT FR73 829 075 381. Website: raxor-parts.com. Phone: +33 (0)3 85 32 96 74. Email: [email protected].

Article 1 – Scope

These general terms and conditions of sale ("GTCS") form the sole basis of the commercial relationship between the parties. Their purpose is to define the conditions under which KPX PARTS SAS ("the Supplier"), publisher of the raxor-parts.com website, supplies its professional Buyers ("the Buyer") who so request, via the website, by direct contact or in paper form, with the following products: new or reconditioned parts for IVECO commercial vehicles and other brands ("the Products"). They apply without restriction or reservation to all sales concluded by the Supplier, notwithstanding any contrary clause that may appear on the Buyer's documents, including its general terms of purchase. Sales on raxor-parts.com are strictly reserved to professional customers and are not open to consumers; this reservation is clearly displayed before any purchase.

Article 2 – Orders and prices

2.1 Orders. On a first order, the Buyer must open a "customer account" and provide the mandatory information, including its intra-Community VAT number. Information provided must be complete, accurate and up to date. The essential characteristics of the Products are shown on the website. The Buyer validates the order after being able to correct any errors; the order becomes firm upon the confirmation email and collection of the price. Manufacturer references are given for information only. Non-substantial differences between Product presentation on the website and delivery do not constitute non-conformity.

2.2 Prices. Prices are in euros, exclusive of tax, exclusive of shipping costs and exclusive of any customs duties. They are firm for their displayed period of validity. The total amount payable (products + shipping + applicable taxes) is clearly displayed before final order validation.

2.3 Availability. Offers are valid within the limits of available stock. In the event of an error regarding availability, the Supplier will inform the Buyer as soon as possible and, where applicable, offer a credit note for the net amount of the unavailable Product.

Article 3 – Payment terms

3.1 The price is payable in cash, in full, on the order date, by bank card (Visa, Mastercard, CB) via the secure platform of our banking partner, or by bank transfer to the account opened in the name of KPX PARTS with Crédit Agricole Centre Est (IBAN: FR1780 6003 4004 1278 1967 590 – BIC: AGRIFRPP878).

3.2 No discount is granted for early payment.

3.3 In the event of late payment, penalties are due automatically, without prior notice, at the ECB rate plus 10 percentage points, and at minimum three times the legal interest rate. A flat-rate recovery indemnity of €40 is also due.

Article 4 – Retention of title

The Supplier retains ownership of the Products until full payment of the price. Risk transfers upon handover of the Products to the carrier.

Article 5 – Delivery

5.1 Methods. Delivery is made throughout the European Union and internationally, to the address specified by the Buyer. Shipping costs and indicative delivery times are detailed in our Shipping Policy, accessible before order validation.

5.2 Lead times. Lead times are indicative. In the event of a delay exceeding one (1) month following a formal notice that has remained without effect for fifteen (15) days, the Buyer may request termination of the contract and obtain a refund of the amount paid.

5.3 Receipt and complaints. The Buyer checks the number of packages and absence of transport damage on delivery, and lodges any reservations with the carrier within seven (7) days in accordance with the CMR 1956. Any claim for apparent defect or non-conformity must be sent to the Supplier by registered letter with acknowledgement of receipt within three (3) days of receipt, with supporting evidence (photos, etc.). No return may be made without the Supplier's prior written consent; authorised returns are to be sent to: KPX PARTS, 8 Rue de Strafay, 01380 Bâgé-le-Châtel, France.

Article 6 – Transfer of ownership and risk

Ownership transfers upon full payment. Risk transfers upon handover to the first carrier.

Article 7 – Liability and warranty

The Products comply with applicable EU standards. The Supplier's warranty is limited to the replacement of non-conforming or defective Products and does not cover: disassembly outside a selected workshop, inadequate storage, negligence, lack of maintenance, normal wear and tear, accident, fitting or use not in accordance with manufacturer specifications, force majeure. Indirect and immaterial costs are excluded.

Article 8 – Intellectual property

The Supplier retains all industrial and intellectual property rights over the Products, photographs and technical documentation.

Article 9 – Hardship

These GTCS expressly exclude the regime of hardship provided for in Article 1195 of the French Civil Code.

Article 10 – Specific performance

By way of derogation from Article 1221 of the French Civil Code, the parties agree that no specific performance may be claimed.

Article 11 – Force majeure

Neither party may be held liable in the event of force majeure within the meaning of Article 1218 of the French Civil Code.

Article 12 – Termination

In the event of a breach of obligations, the contract may be terminated automatically fifteen (15) days after a formal notice that has remained without effect.

Article 13 – Personal data

The Supplier, as data controller, implements personal data processing for the purposes of managing the commercial relationship. In accordance with the GDPR, the Buyer has rights of access, rectification, erasure, objection and portability, exercisable at: [email protected] or KPX PARTS, 8 Rue de Strafay, 01380 Bâgé-le-Châtel, France.

Article 14 – Disputes

Any dispute relating to these GTCS is subject to French law. Failing amicable resolution, exclusive jurisdiction is granted to the Tribunal de commerce de Bourg-en-Bresse.

Article 15 – Language of contract

These GTCS are drafted in French. In the event of translation, only the French text shall be authoritative in case of dispute.

Article 16 – Acceptance

The Buyer declares to have full knowledge of these GTCS and accepts them without reservation.