General Terms and Conditions of Sale
1. Scope These General Terms and Conditions of Sale (hereinafter: the ‘GTC’) apply, without restriction or reservation, between: - on the one hand, FAVEX, a simplified joint-stock company with a share capital of 1,000,000 euros, registered with the Paris Trade and Companies Register under number 312 381 114, whose registered office is situated at 102 bis avenue du Président Kennedy (75016 Paris) (hereinafter: ‘FAVEX’) – telephone: 01 55 74 74 10 and email address: commerce@favex.fr, – on the other hand, any person, whether a consumer, non-professional or professional, making a purchase by placing an order via the online sales website www.hexatrap.com or any other sales platform (hereinafter: the ‘Customer’ or ‘Customers’). Collectively referred to hereafter as the ‘Parties’. These General Terms and Conditions of Sale set out the conditions for placing orders, making payments and the handover or delivery of the products or services ordered by Customers. They are supplemented by specific terms and conditions, consisting of the purchase order signed and/or approved by the Parties, in accordance with the provisions of Article 7.4. FAVEX is a distributor of home and garden furnishings, décor and comfort products. The products distributed by FAVEX under its own brand or under the manufacturer’s brand are sold in France and across Europe through a network of retailers (supermarkets, specialist shops, websites, etc.). FAVEX operates the Hexatrap brand, which specialises in mosquito control solutions, mosquito traps and the distribution of consumables (notably CO₂ gas). FAVEX provides after-sales service (hereinafter: ‘AS’), both under warranty and out of warranty, for the products it distributes, via dedicated websites offering advice on use, access to assembly instructions and the sale of spare parts and consumables (www.hexatrap.com) (hereinafter: the ‘Product’ or ‘Products’). FAVEX sells spare parts for its products exclusively online, either via the internet (website or email), by telephone, by fax or by post. FAVEX does not operate any after-sales service centres outside its websites. These General Terms and Conditions of Sale are systematically provided to all Customers prior to placing an order and shall, where applicable, take precedence over any other version or any other conflicting document, in particular any general terms and conditions of the business customer. They apply to all orders for Products offered by FAVEX, whether placed via the internet, by email, by telephone, by fax or by post. The fact that FAVEX does not rely on any of the provisions of the T&Cs at a given time shall not be construed as a waiver of the right to rely on them at a later date. The Customer confirms that they have read and accepted the T&Cs prior to placing their order. Confirmation of the order by the Customer constitutes acceptance, without restriction or reservation, of the T&Cs. These T&Cs may be subject to subsequent amendments; the version applicable to the Customer’s purchase is that in force on the Order Date. The date of the last amendment to the T&Cs is shown at the bottom of these terms. In the case of a business customer, the provisions of the T&Cs made pursuant to the Consumer Code do not apply to them.
2. WEEE The unique identifier FR001379_05CVON, certifying registration in the register of producers for the EEE sector, pursuant to Article L.541-10-13 of the Environment Code, has been assigned by ADEME to the company FAVEX (SIRET No. 31238111400031). This identifier certifies the company’s compliance with its obligation to be registered in the register of producers of Electrical and Electronic Equipment and to have submitted its declarations of placing on the market to ecosystem.
3. Household packaging & graphic paper The unique identifier FR213934_01ACOF certifying registration in the register of companies subject to the principles of Extended Producer Responsibility (EPR), pursuant to Article 62 of the Circular Economy and Anti-Waste Act (AGEC Act), assigned by ADEME to the company FAVEX (SIRET no. 31238111400031). This identifier certifies the company’s compliance with its obligation to be registered in the REP register for household packaging and graphic paper.
4. DEA The unique identifier FR001379_10CYH2 certifying registration in the national register of market placers maintained by the French Environment and Energy Management Agency (ADEME) and in accordance with the regulations on the management of waste furniture, pursuant to Article R.543-254 of the Environment Code and the Order of 5 August 2013.
5. ABJ The unique identifier FR213934_14EOPX certifying registration with the DIY and Garden Products (ABJ) sector within the meaning of Article R.543-340 of the Environment Code, to help reduce their environmental impact.
6. PMCB The unique identifier FR213934_04FKKF certifying registration with the Category 2 (non-inert) construction waste stream for PMCB waste pursuant to Articles L. 541-10, L.541-10-1 I 4° and R. 543-288 et seq. of the Environment Code (Decree of 10 June 2022 and all subsequent amendments thereto, setting out the specifications for eco-organisations, individual schemes and coordinating bodies within the extended producer responsibility scheme for construction products and materials in the building sector).
7. Order 7.1. Legal Capacity to Contract Every Customer declares that they have the legal capacity to enter into a contract under the terms set out below. 7.2. Acceptance of the GTC by the Customer The GTC are available and can be downloaded directly from the FAVEX website (www.hexatrap.com). They may also be sent by email, fax or post upon the Customer’s request. By ticking the box ‘I have read and accept the General Terms and Conditions of Sale’ before submitting their order, the Customer acknowledges that they have read and expressly accept, without restriction or reservation, the General Terms and Conditions of Sale. Purchases made by email, telephone, fax or post also imply acceptance of the GTC. With specific regard to the obligation to pay, by clicking on the ‘Order and Pay’ button, the Customer confirms that they understand that the service is subject to a charge. 7.3. Product specifications The main specifications of the products sold by FAVEX, as well as the delivery time and price, are set out on the website it operates (www.hexatrap.com). The Customer is required to familiarise themselves with these details before placing any order. The choice and purchase of a Product is the sole responsibility of the Customer. The photographs and graphics displayed are not contractually binding and do not engage FAVEX’s liability. The Customer is required to refer to the description of each product in order to ascertain its essential properties and characteristics. 7.4. Date of the order and formation of the contract The date of the order is the date (hereinafter referred to as: ‘Order Date’): - the date on which the Customer confirms the order in the case of payment by credit card online or via PayPal; - the date of receipt of the cheque, the bank transfer or the acceptance of the credit, in the case of payment by cheque, bank transfer or on credit respectively. Any order placed, confirmed by the Customer and confirmed by FAVEX in accordance with the conditions set out above, constitutes the formation of a distance contract between the Customer and FAVEX. Once placed and confirmed by FAVEX, the order cannot be amended by the Customer and cannot be cancelled by them, except where the right of withdrawal is exercised or in cases of force majeure. 7.4.1. Prices The prices of the Products and the applicable taxes are those in force on the Order Date. They are quoted in euros, both excluding and including VAT. Unless otherwise specified, the prices of the Products do not include any processing, dispatch, transport or delivery charges, which are invoiced as additional charges, under terms communicated to the Customer prior to the conclusion of the Contract. The total payment required from the Customer corresponds to the total amount of the sale, including these charges. 7.4.2. Payment methods The Customer is informed of the accepted payment methods prior to any order confirmation. Unless otherwise specified, the Customer may pay for their order online on the FAVEX website by credit card (Carte Bleue, Visa, Eurocard, Mastercard); by bank transfer; by cheque made payable to Favex SA; by using the PayPal services available on the website; or by instalment payments (in 3 or 4 instalments) via our financial partner COFIDIS. In the event of payment by cheque, the cheque must be issued by a bank domiciled in mainland France. The Customer warrants to FAVEX that they have all the necessary authorisations to use the chosen payment method. Payment in instalments with COFIDIS: Payment in instalments is a financing solution offered by our partner COFIDIS SA (RCS Lille Métropole 325 307 106). By choosing this payment method, the Customer accepts COFIDIS’s general credit terms and conditions. This financing is subject to assessment and approval of the application by COFIDIS. Please note: payment in instalments is not available for orders that include a subscription (recurring delivery) or for the purchase of CO₂ gas refills (full-for-empty exchange scheme). In accordance with the law, the Customer has a statutory withdrawal period of 14 days in respect of their credit agreement. 7.4.3. Payment via Alias, Pre-authorisation and Subscription For orders involving a CO₂ cylinder exchange scheme or a subscription service (recurring delivery of consumables), the Customer expressly agrees to their bank details being securely stored by our payment service provider (the Alias system). A bank pre-authorisation (card imprint) may be carried out when ordering CO₂ refills to guarantee the return of empty cylinders. FAVEX is expressly authorised to debit the registered bank card to collect recurring payments under an active subscription (until it is cancelled by the Customer), as well as to recover penalties for the non-return of CO₂ cylinders as defined in Article 8 of these Terms and Conditions. 7.4.4. Payment security FAVEX makes every effort to ensure the security and confidentiality of data transmitted online (online payment on the website www.hexatrap.com). To this end, the website uses a secure SSL (Secure Socket Layer) payment method. The transaction is processed via a reputable bank (CIC – CREDIT MUTUEL Group), which is the only party to have access to the banking details mentioned on the website at the time of payment. 7.4.5. Order form and invoice The order form is completed online by the Customer, and FAVEX sends the order confirmation to the Customer by email. An electronic copy of each invoice is available in the online order tracking section of the Customer’s account. 7.4.6. Payment date In the case of payment by credit card, bank transfer or PayPal, in a single instalment, the Customer’s account is debited for the full amount of their purchases at the time their payment is confirmed. In the case of payment by cheque, it is cashed without delay. Only once the cheque has actually been cashed will payment be deemed to have been made in full. In the case of payment in instalments via COFIDIS, the Customer’s account is debited in accordance with the instalment schedule agreed directly with COFIDIS at the time their financing is approved. 7.4.7. Late payment Should the bank reject a credit card debit, a cheque or any other method of payment, the Customer is informed that they must contact customer services to pay for their order without delay, using any method of payment. In the event of late payment and failure by the Customer to settle the amounts due beyond the deadlines set out above, and after, where applicable, the payment date stated on the invoice sent to the Customer, late payment penalties calculated at a monthly rate of 15 per cent of the purchase price including VAT, plus delivery charges, shall automatically and ipso jure be payable to FAVEX, without any formality or prior notice. Furthermore, any delay in payment shall automatically give rise to the application of a fixed compensation of forty (40) euros, without prejudice to late payment penalties. Late payment shall also result in the immediate callability of all sums owed by the Customer, without prejudice to any other action which FAVEX may be entitled to bring against the Customer in this regard. Furthermore, FAVEX reserves the right, in the event of non-compliance with the payment terms set out above, to suspend or cancel the delivery of any pending orders placed by the Customer. 7.5. Delivery charges Delivery charges are invoiced to the Customer either at a flat rate based on the value of the shopping basket, or based on the weight of the parcel, the delivery location and the carrier or method of transport selected. Delivery charges may occasionally be waived as part of promotional campaigns organised by FAVEX. The Customer is informed of these charges before the order is finally confirmed. 7.6. Discounts and gifts Only one individual discount (e.g. a promotional code) may be applied per order. When purchasing multiple items of the same Product, the discount applies only to the first item, unless otherwise stated in the notification sent with the promotional or discount code. The same rules apply to complimentary products (only one gift or set of gifts per Customer). Gifts are offered in relation to the Product purchased. They are listed on the relevant Product pages or in the personalised offer sent to the Customer. Discounts, promotional codes, free gifts or vouchers are valid until the expiry dates stated either on the FAVEX website or in the letter or email accompanying the description of the special offer, and whilst stocks last. Where the customer is entitled to free gifts, they must check that these are correctly listed on the order form. If not, they must contact FAVEX’s customer service department. The customer is not entitled to any reduction or compensation if they refuse the free gifts offered. Gifts are neither guaranteed, nor accepted for return, nor exchanged. 7.7. Information provided by the Customer when placing an order The Customer may place an order with FAVEX online via the FAVEX website; regardless of the method used, the order must include the information necessary to process it satisfactorily. In all cases, the Customer must provide the following information, enabling their identification and the registration of their order: - the Customer identifies themselves by providing their Customer number, or by supplying all the information required for online registration; - the Customer must clearly specify the selected Products using the product codes listed on the FAVEX website, including options such as colours, sizes, etc. For Products with options, the Customer must ensure that the precise product codes specify the options they intend to select; - the Customer specifies the quantities required; - the Customer provides the exact delivery address and any access restrictions at the delivery location, in accordance with the terms of Article 9.1; - the Customer specifies the chosen delivery method; - finally, the Customer specifies the chosen payment method. The Customer is responsible for the information provided in their Customer account and on their order, as this information is essential for the order to be processed correctly. In particular, the Customer is fully responsible for the registered address and the delivery address provided. FAVEX cannot be held liable for delivery delays or additional delivery costs. Any costs incurred by FAVEX as a result of incorrect information provided by the Customer shall be borne by the Customer, in particular the costs of resending the order. 7.8. Product Availability Products available from FAVEX’s stock for prompt delivery are marked ‘Dispatched within 24–48 hours’. In the event of a stock error, the Customer will be informed as soon as possible and will then have the option to cancel their order in light of this new information without incurring any cancellation penalty. The Customer shall not be entitled to any cancellation compensation other than a full refund of the order. 7.9. Order Confirmation Before any order confirmation constituting a commitment to pay, the purchaser has the opportunity to check the details of their order and its total price. It is the Customer’s responsibility to check the accuracy of the order and to report or correct any errors immediately. FAVEX reserves the right to cancel or refuse any order from a Customer with whom there is a dispute regarding payment for a previous order. An email is sent to the Customer to confirm receipt of the order. FAVEX does not send order confirmations by post or fax.
8. SPECIFIC TERMS AND CONDITIONS FOR HEXATRAP CO₂ CYLINDERS AND SUBSCRIPTIONS Given the specific nature of the pressurised gas cylinders (CO₂) marketed under the Hexatrap brand, the following provisions shall apply automatically and shall prevail over any contrary clause:
8.1. Ownership of CO₂ Cylinders The metal cylinders containing CO₂ gas (hereinafter the “Cylinders”) supplied by FAVEX remain at all times the exclusive and unseizable property of FAVEX. The payment made by the Customer relates exclusively to the purchase of the gas (the contents) and to the granting of a licence for the temporary use of the Cylinder (the container) for the sole purpose of operating the Hexatrap traps.
8.2. Exchange scheme and penalties for non-return The Customer undertakes to return the empty Cylinders to FAVEX. When purchasing a refill (full-for-empty exchange scheme), the Customer has a strict period of sixty (60) calendar days from receipt of their order to return their empty Cylinders. To do so, the Customer must use the original shipping box (specifically approved for the transport of dangerous goods) and affix the pre-paid shipping label provided in the parcel (or downloadable from their customer account) to it, before dropping off the parcel at a partner collection point. Failure to dispatch the bottles within this 60-day period will result in the Customer being deemed to have failed to return them. FAVEX shall then, as of right and without prior notice, charge the Customer a fixed compensation penalty set at €20.00 (twenty euros) including VAT per bottle not returned. The Customer expressly authorises FAVEX to debit this amount from the registered credit card payment method (split payments are not permitted for this type of order in order to allow for this security debit).
8.3. Safety and Exclusive Refilling CO₂ gas is under high pressure and is subject to regulations governing hazardous materials. To ensure user safety and the proper functioning of the equipment, Hexatrap Cylinders must be maintained, inspected and refilled EXCLUSIVELY by FAVEX or its authorised subcontractors. Any refilling, tampering, modification of the valve or repair of the Cylinders by the Customer or by an unauthorised third party is strictly prohibited. Failure to comply with this clause will immediately invalidate any warranty on Hexatrap equipment and fully exempt FAVEX from any civil or criminal liability in the event of an accident, property damage or personal injury.
8.4. Subscriptions FAVEX may offer a recurring delivery service for consumables (Subscription). The subscription is entered into for an indefinite period. The Customer will be charged automatically at the selected frequency exclusively via the registered credit card (instalment payments are not permitted for this service). The Customer may suspend or cancel their subscription at any time, free of charge, via their customer portal, no later than 48 hours before the date of the next scheduled dispatch. Furthermore, FAVEX reserves the right to terminate the Customer’s subscription immediately and automatically in the event of failure to return empty CO₂ bottles within the specified time limit (see Article 8.2) or in the event of a failed direct debit from the registered credit card.
8.5. Permanent return of Cylinders (excluding exchanges) If the Customer wishes to permanently cease using Hexatrap products and no longer wishes to make exchanges, they are required to return the CO₂ Cylinders to FAVEX, as these remain the property of FAVEX. To facilitate this process, FAVEX will cover the return costs by providing a pre-paid shipping label upon request to customer services (at: bonjour@hexatrap.com). Furthermore, for any permanent return of a cylinder (in good condition), the Customer will be granted a return bonus of a flat-rate amount of €2.00 (two euros) including VAT per cylinder.
9. Dispatch, Transport, Delivery 9.1. Delivery locations Parcels may only be delivered within mainland France, Corsica and Monaco, excluding the French overseas departments and territories (DOM-TOM). However, in accordance with current regulations on the transport of dangerous goods (ADR), the delivery of any product containing pressurised CO₂ gas cylinders is strictly restricted to MAINLAND FRANCE. Deliveries of CO₂ cylinders to Corsica, the metropolitan islands requiring sea or air transport, and the French overseas departments and territories (DOM-TOM) are technically impossible and expressly excluded. The delivery address (which may differ from the billing address) must be accurate and precise. The Customer must provide a mobile phone number on which they can be easily contacted. The Customer is required to ensure that the delivery location is accessible and to inform FAVEX accordingly. If delivery cannot be made due to accessibility issues, FAVEX shall not be held liable. Any error in the address, delivery location, site accessibility, telephone number, or any other issue requiring a redelivery may result in the Customer being invoiced for the actual costs of the redelivery, payment of which is a condition of the redelivery. 9.2. Retention of Title Clause FAVEX retains ownership of the delivered Products until they have been paid for in full by the Customer. The risk of loss or deterioration of the Products, as well as any damage they may cause, passes to the Customer at the moment the Customer takes physical possession of them. The Customer is prohibited from reselling or pledging as security any Products for which payment has not been made in full to FAVEX. The Customer must store Products for which payment has not yet been made in full in such a way that they cannot be confused with other items and remain identifiable by their nature. The Customer undertakes to inform any person likely to be interested of the existence of this retention-of-title clause. 9.3. Dispatch times Orders placed online via the website www.hexatrap.com are collected every morning from Monday to Friday. For information purposes, the preparation of an order may take approximately two working days, including, in particular, its processing, the preparation of the Products, packaging and invoicing prior to the dispatch of the available Products; this period commences on the Order Date defined in clause 7.4. In the event of partial unavailability of the Products, FAVEX may split the shipments. The available Products will then be dispatched first, with the remainder of the order being dispatched once the other Products become available, at no additional cost to the Customer. An email is automatically sent to the Customer upon dispatch of the Products. 9.4. Delivery times FAVEX informs Customers, for guidance only, of the delivery times quoted by the chosen carrier. It is specified that the stated delivery times do not include Saturdays, Sundays and public holidays. If the dispatch deadline cannot be met, a new delivery time will be communicated to the Customer, based on the information available to FAVEX. In this case, the Customer will also be offered the option to cancel the order. If payment has already been processed for certain payment methods, a refund offer will also be sent to the Customer alongside the cancellation offer. 9.5. Delivery times FAVEX undertakes to use its best endeavours to fulfil orders received, subject to the availability of stock in its own holdings or those of its suppliers, and within the timeframe specified at the time the order was placed, on a best-efforts basis and without FAVEX being held liable in this respect. In any event, in accordance with the provisions of Article L. 216-1 of the Consumer Code, delivery of the goods must take place no later than 30 days after the Order Date. If the Products have not been delivered by the indicative delivery date, for any reason other than force majeure or the Customer’s fault, the sale may be rescinded at the Customer’s written request, in accordance with the conditions set out in Articles L.216-2, L.216-3 and L.241-4 of the Consumer Code. Any sums paid by the Customer shall then be refunded to them no later than fourteen days following the date of termination of the contract, excluding any compensation or deductions. 9.6. Delivery delays attributable to the carrier In the event of a delivery delay compared with the timescales announced by the carrier, the Customer must inform FAVEX in order to open a dispute or investigation file and to trace the parcel. Parcels may be lost by the carrier. The Customer must report the loss within 10 days of receiving the dispatch notification from FAVEX. FAVEX will handle any claims with the carrier concerned. If the parcel is not found, FAVEX will arrange for a new delivery of the Product (subject to availability) or offer the Customer a refund. Where delivery is carried out by an independent carrier, the Customer acknowledges that it is the carrier’s responsibility to make the delivery and that the Customer has no recourse against FAVEX in the event of failure to deliver the goods in question. 9.7. Order tracking The Customer may check the status of their order at any time on the FAVEX website by accessing their account. This tracking feature allows the Customer to view the processing status of their order, as well as the dispatch or delivery status of their parcels. Delivery tracking is carried out via the carriers’ online tracking systems. FAVEX cannot therefore be held liable for any unavailability or errors that may affect the information provided by its carriers. The Customer may contact FAVEX’s customer service department at any time to enquire about the status of their order. FAVEX invites the Customer to call 09 69 36 56 60 (at local call rates); there is no surcharge for this service. 9.8. Delivery The Customer must check the condition of the parcel in the presence of the carrier and, in the event of partial or total damage, note any reservations on the delivery note, providing supporting evidence (such as photographs), or refuse the parcel. The phrase ‘subject to unpacking’ has no legal validity and cannot be accepted as a valid reservation. In the absence of any reservation, the goods are deemed to have been accepted by the Customer and cannot be the subject of any dispute regarding their delivery. Once the Customer has raised any reservations, they must inform customer services within 48 hours by email, to enable FAVEX to take the necessary steps to arrange for the product to be returned to its warehouses or for a new delivery to be made. Failing this, FAVEX accepts no liability for any delay in collecting the product or in arranging a new delivery. Once this 48-hour period has elapsed and/or if the formalities for raising reservations have not been complied with, the Products shall be deemed to be in conformity and free from any apparent defects, and no claim may be validly accepted by FAVEX. 9.9. Packaging The products are packaged in accordance with current transport standards and in such a way as to ensure their optimal protection during delivery. The Customer must comply with these same standards when returning a product, whether as part of the after-sales service or as a return for convenience. Any damage to a product noted upon return, due to non-compliant packaging, may result in only a partial refund, or even no refund at all, if resale in its current condition is impossible or if the technical fault is exacerbated (see clause 10.3 below).
10. Withdrawal 10.1. Right of withdrawal The consumer Customer has a period of 14 days to exercise their right of withdrawal with FAVEX, without having to provide any reason or pay any penalty, for the purpose of an exchange or a refund (Article L.221-18 of the Consumer Code). The withdrawal period begins on receipt of the goods by the consumer Customer or a third party, other than the carrier, designated by them, for contracts for the sale of goods. For contracts concluded off-premises, the consumer Customer may exercise their right of withdrawal from the date of the order. 10.2. Scope and limitations of the right of withdrawal In accordance with Article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised in respect of certain Products, in particular those made to the consumer’s specifications or clearly personalised, or goods liable to deteriorate or expire rapidly. For obvious reasons of safety, hygiene and preservation, the right of withdrawal does not apply to consumables (such as attractant refills, scented lures, or CO₂ gas cylinders) once their original packaging has been opened, the airtight sachet has been unsealed, or the safety seal has been removed by the Customer following delivery. Such unsealed products will neither be accepted for return nor refunded. With regard to taking out a Subscription (regular delivery of goods), the 14-day withdrawal period begins only upon receipt of the very first Product covered by the subscription. 10.3. Exercising the right of withdrawal The Customer may exercise their right of withdrawal by sending the attached withdrawal form (Appendix 2) or a letter to FAVEX, either by email or by registered post with acknowledgement of receipt, the date of dispatch being taken as proof. However, products damaged, broken or defaced by the Customer will not be accepted for return or refunded. In this regard, the Product must be returned in perfect condition for resale, packed (or repacked) in its original packaging, which must be in perfect condition, complete and showing no signs of impact, malfunction or obvious signs of use. Consequences of withdrawal Should the Customer exercise their right of withdrawal, they must make the products, accompanied by the corresponding invoice, available to FAVEX no later than 14 days after notifying their decision to withdraw. The packaging must comply with the conditions set out in Articles 9.9 and 10.3. For bulky products, following contact with customer services, FAVEX may arrange for the return to take place at a time agreed with the carrier designated by FAVEX. FAVEX will process the refund within 14 days of the date on which it was notified of the exercise of the right of withdrawal. Only the price of the product(s) purchased and the delivery charges will be refunded; the Customer is responsible for the return postage costs. In the event of a partial withdrawal, no refund of the contribution towards delivery charges may be claimed, as this contribution is a flat-rate amount for the entire Order. Submission of the form automatically generates a return number, which is essential to ensure the return is fully traceable and secure for the Customer. FAVEX will then inform the Customer of the procedure to follow. FAVEX reserves the right to refuse a return to its warehouses if it has not been notified in advance or if the return does not follow the instructions provided. Any return that does not comply with this procedure, and where the parcel(s) are lost in transit, cannot be processed by FAVEX. 10.4. Effect of withdrawal on instalment payments (Earmarked credit). In accordance with the provisions of the Consumer Code, the Customer’s exercise of their right of withdrawal regarding the purchase of the Products automatically and ipso jure results in the termination, free of charge, of any COFIDIS credit agreement that may have been entered into to finance the cancelled order. FAVEX will inform its financial partner of the cancellation of the sale in order to stop the scheduled direct debits.
11. FAVEX’s Liability and Warranties FAVEX provides after-sales service, both under warranty and out of warranty, for the products it distributes. 11.1. Contractual warranties The appliances and machines (mosquito traps) sold on the website www.hexatrap.com are covered by a two (2)-year commercial warranty from the date of delivery. Spare parts sold individually on the website are covered by a one (1) year commercial warranty. The appliances, spare parts and consumables on offer are only guaranteed for use exclusively with FAVEX products or those distributed by FAVEX, in accordance with the assembly and safety instructions set out in the leaflet accompanying the product. FAVEX may occasionally offer additional warranties (extensions). In such cases, a specific warranty option is offered to the Customer at the time of ordering. A Customer wishing to make a warranty claim on a Product must first contact FAVEX’s sales department, which will advise them on the procedure to follow. The Customer must retain the purchase invoice made available by FAVEX via their Customer account. Warranty exclusions: The following are not covered by the warranty: damage for which a third party is liable or resulting from wilful misconduct or fraud; maintenance costs and the repair of damage resulting from poor maintenance, use or installation not in accordance with the manufacturer’s instructions; labour costs relating to parts not covered by this contract; the contents of appliances (barbecues, planchas, etc.); the replacement of wear-and-tear parts such as: seals or hoses, filters, castors, heating elements, spark plugs, batteries, pressure regulators, light bulbs, batteries (including rechargeable), catalytic plates, and battery chargers; accessories such as power cables, rubber, glass or plastic parts, sleeves, burner caps, piezo igniters, control knobs, and decorative or aesthetic parts that do not impede the appliance’s proper functioning; external parts: varnish, enamel, lacquer, paint; knocks, impacts, scratches, damage caused by the user or oxidation; errors in connection or commissioning; modifications to the appliance not reported at the time of acceptance; damage resulting from: malicious acts or a cause external to the appliance (impact, dropping, theft, viruses, sabotage); accidents caused by the user; the use of energy, operation or installation not in accordance with the manufacturer’s instructions; lightning, fire, water damage, climatic variations, power surges or any risks covered by comprehensive home insurance; misuse or handling errors; moisture causing corrosion or oxidation; damage resulting from the use of consumables that do not comply with the manufacturer’s specifications (including the use of CO₂ cylinders not supplied by Hexatrap or the refilling of cylinders by an unauthorised third party); cosmetic damage that does not affect the proper functioning of the appliance, unless such damage results from an event covered by the contract. Statutory warranties: The products and services supplied by FAVEX are automatically covered, at no additional cost and in accordance with statutory provisions, by the following (Warranty of Conformity / Warranty against Hidden Defects): - The statutory guarantee of conformity, for Products that are apparently defective, damaged or do not correspond to the order placed by consumer Customers; - The statutory guarantee against hidden defects arising from a fault in material, design or manufacture affecting the products delivered and rendering them unfit for their intended use. Subject to the conditions and in accordance with the terms set out in the box below and defined in Appendix 1 to the GTC: It is noted that, under the statutory guarantee of conformity, the Customer: - Has a period of two years from the date of delivery of the goods to take action against FAVEX; - May choose between repair or replacement of the delivered product, subject to the provisions of Articles L.217-9 and L.217-10 of the Consumer Code; - Is not required to provide proof of the lack of conformity of the delivered product for a period of twenty-four months following delivery, except in the case of second-hand goods, for which the period is reduced to six months (Article L.217-7 of the Consumer Code). The statutory guarantee of conformity applies independently of any commercial guarantee that may cover the product. The Customer may choose to invoke the guarantee against hidden defects in the product in accordance with Article 1641 of the Civil Code; in this case, they may choose between rescission of the sale or a reduction in the sale price, in accordance with Article 1644 of the Civil Code. In order to assert their rights, the Customer must inform FAVEX, in writing, of any non-conformity or hidden defects in the Products within the time limits set out in the box above. FAVEX will, as soon as practicable, refund, replace or have repaired any Products or parts under warranty that are deemed non-compliant or defective. The refund will be made by bank transfer to the Customer’s bank account or by cheque. Postage costs will be refunded on the basis of the invoiced rate, and return costs will be refunded upon presentation of supporting documents. 11.2. Liability 11.2.1. Force majeure In the event of non-performance or delay in the performance by a party of its obligations under the contract, it shall not be deemed to be in breach nor liable for damages if the performance of the obligation has been rendered impossible by a force majeure event, defined in accordance with Article 1218 of the Civil Code as an irresistible event that was reasonably unforeseeable at the time the order was placed. The following, in particular, are considered to be cases of force majeure: war, epidemics, internal strikes, disruption to transport, a shortage of raw materials or any serious accident halting or reducing production [non-exhaustive list]. Force majeure may not be invoked to prevent or delay the fulfilment of an obligation to pay. The party in a position to invoke a force majeure event must notify the other party without delay and use its best endeavours to find an alternative solution or, in any event, resume performance of the contract as soon as reasonably possible. Performance of the contract shall be suspended in its entirety upon the occurrence of a force majeure event, provided that the obligation whose performance is prevented constitutes one of the contract’s material obligations. If the suspension of the contract lasts for more than thirty (30) calendar days, the other party to the contract is entitled to terminate the contract by giving notice to the other party by registered post with acknowledgement of receipt. 11.2.2. Exclusion/limitation of liability FAVEX shall not be held liable in the following cases: - Failure to comply with the legislation of the country to which the products are delivered, which the Customer is responsible for verifying; - In the event of misuse, abnormal use, use not in accordance with the products’ intended purpose, 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, an accident or force majeure. The total or partial inability to use the products, in particular due to hardware incompatibility, shall under no circumstances give rise to a refund or compensation. Websites linked directly or indirectly to those of FAVEX are not under the control of FAVEX. Consequently, the company is not liable for any information published on such websites. Links to third-party websites are provided for information purposes only, and FAVEX does not control their content. FAVEX’s warranty is, in any event, limited to the replacement or refund of non-compliant or defective products. Under no circumstances shall it be held liable for indirect and/or consequential damages, such as loss of income, loss of earnings, operating losses, or any commercial disruption whatsoever. Nor is FAVEX obliged to remedy the harmful consequences of faults committed by the purchaser or third parties in connection with the performance of the contract. FAVEX’s civil liability, for all causes combined with the exception of personal injury and gross negligence, is limited to a maximum amount equal to the invoiced and paid value of the equipment supplied. 11.2.3. Limitation period With regard to business customers only, the limitation period for any action relating to the performance, validity, interpretation or termination of the contract of sale is contractually limited to one year, in accordance with Article 2254 of the Civil Code. In respect of the Customer who is a consumer, the general limitation rules apply.
12. Data Protection, Intellectual Property 12.1. Personal Data Pursuant to Act No. 78-17 of 6 January 1978, as amended by Act No. 2018-493 of 20 June 2018, any personal data requested from the Customer, where applicable, is necessary for the processing of their order and for issuing invoices, amongst other things. This data may be disclosed to any of FAVEX’s partners, in particular those responsible for the fulfilment, processing, management and payment of orders, or for promotional purposes. The processing of information provided via the websites www.hexatrap.com complies with the legal requirements regarding the protection of personal data, with the information system used ensuring optimal protection of such data. In accordance with current national and European regulations, the Customer has a permanent right of access to, and the right to amend, rectify, object to, request portability of, and restrict the processing of their personal data. This right may be exercised by writing, by post and providing proof of identity, to the FAVEX address mentioned in Article 1 or by email to rgpd@favex.fr. FAVEX informs its Customers that the processing of this personal data has been registered with the CNIL under number 1894047. 12.2. Intellectual Property FAVEX retains all industrial and intellectual property rights relating to the Products. In particular, FAVEX remains the exclusive owner of all intellectual property rights in the photographs, presentations, studies, drawings, designs, prototypes, etc., produced (even at the Customer’s request) for the purpose of supplying the Products to Customers and appearing, in particular, on its websites (www.hexatrap.com). The Customer shall therefore refrain from any reproduction or use of the said photographs, presentations, studies, drawings, designs and prototypes, including the underlying technologies, without the express, prior written authorisation of FAVEX, which may make such authorisation conditional upon financial consideration. Any Customer with a website wishing to place on their site a simple link directing users directly to the websites operated by FAVEX must seek FAVEX’s prior authorisation. Authorisation granted by FAVEX shall in no circumstances constitute an implied affiliation agreement and shall under no circumstances be granted on a permanent basis. Upon simple request by FAVEX, this link must be removed. Any hyperlink leading to FAVEX’s websites that uses techniques such as ‘framing’ or ‘in-line linking’ is strictly prohibited. As such, and in accordance with the provisions of the Intellectual Property Code, only use for private purposes is authorised, subject to any different or even more restrictive provisions of the Intellectual Property Code. Any reproduction or representation, in whole or in part, of the FAVEX websites or of all or part of the content found on the FAVEX websites is strictly prohibited.
13. Entire Agreement Any change in legislation, regulations or a court ruling rendering one or more clauses of these General Terms and Conditions null and void shall not affect the validity of the General Terms and Conditions as a whole. Such a change shall under no circumstances entitle the Customer to fail to comply with these General Terms and Conditions of Sale. Should any provision not be explicitly mentioned, it shall be governed by the practices in force in the distance selling sector for companies registered in France.
14. Governing law and dispute resolution 14.1. Governing law By express agreement between the Parties, the GTC and the transactions arising therefrom shall be governed by and subject to French law. These General Terms and Conditions are drafted in French. Should they be translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute. 14.2. Jurisdiction clause in respect of business customers All disputes to which the purchase and sale transactions concluded pursuant to the T&Cs may give rise with a business customer acting in the course of their business, concerning their validity, interpretation, performance, termination, their consequences and implications, and which cannot be resolved amicably, shall be referred to the Paris Commercial Court. 14.3. Mediation clause relating to Consumer Customers The Consumer Customer is informed that they may, in any event, have recourse to voluntary mediation free of charge, in particular through the Consumer Mediation Commission (Article L.612-1 of the Consumer Code) or through existing sector-specific mediation bodies, or to any alternative dispute resolution method (such as conciliation) in the event of a dispute. The consumer customer must, however, provide evidence that they have first attempted to resolve their dispute directly with FAVEX by submitting a written complaint, sent by post or email. In accordance with the provisions of the Consumer Code concerning ‘the mediation process for consumer disputes’, after contacting us and failing to receive a satisfactory response, you may, free of charge, initiate a consumer mediation procedure with: CM2C, 49 rue de Ponthieu, 75008 Paris. Tel: 01 89 47 00 14. Website: https://www.cm2c.net/declarer-un-litige.php
15. Pre-contractual information – Customer’s acceptance The Customer acknowledges having been provided, prior to placing the order, in a clear and comprehensible manner, the General Terms and Conditions of Sale and all the information listed in Articles L.111-1 et seq. and L.221-5 of the French Consumer Code, and in particular the following information: - The essential characteristics of the products offered by FAVEX; - The price of the products and any associated costs (such as delivery); - Delivery times; - Information regarding FAVEX’s identity, its postal, telephone and email contact details, and its business activities; - Information regarding statutory and, where applicable, contractual guarantees and the procedures for claiming them; - The functionality of digital content and, where applicable, its interoperability; - The option to use contractual mediation in the event of a dispute.
16. 1-FOR-1 RETURN SCHEME Consider reusing your product by reselling or donating it. If your used product is still in working order, give it a second chance. If you cannot find anyone to take it off your hands, you can drop off your product free of charge at collection points near you. There are numerous collection points near you where you can drop off your product. Find one: - Electrical and electronic equipment (WEEE): https://www.ecosystem.eco/fr/recherche-point-de-collecte - Furniture (DEA): https://ecomaison.com/acceder-a-nos-points-de-collecte-pres-de-chez-vous/ - DIY and garden items (ABJ): https://ecomaison.com/acceder-a-nos-points-de-collecte-pres-de-chez-vous/ TERMS AND CONDITIONS FOR RETURNS If your item weighs less than 20 kg and measures 2.50 metres or less in total (length + width + height): IMPORTANT: the longest side must be 1 metre or less. (Guide: https://www.dpd.com/fr/fr/expedier-des-colis/preparer-vos-expeditions/) You can drop off your product at one of the collection points organised by the environmental organisations nearest to you: https://www.ecosystem.eco/fr/recherche-point-de-collecte https://ecomaison.com/acceder-a-nos-points-de-collecte-pres-de-chez-vous/ We will take back your old product subject to certain conditions: - The product to be returned must be equivalent to the new product purchased, both in terms of type and dimensions (e.g. a mosquito repellent device for a mosquito repellent device of the same dimensions) - The trade-in is based on the principle of ‘one product purchased, one product traded in’ - The product must weigh less than 20 kg and have dimensions of 2.50 metres or less (length + width + height) - The product, which was originally designed for self-assembly, must be dismantled and must not pose a risk to the health and safety of the carrier: o The product must be clean o Must show no signs of rust o Must not contain any sharp edges (sharp edges, broken glass, etc.) o Must be completely empty (no liquid present) o Must not be connected to any power source. If the product contains a battery, please dispose of it at a collection point before returning the product: https://www.ecosystem.eco/fr/recherche-point-de-collecte The product must be packed in its original packaging or in a cardboard box suitable for transporting the product and must meet the conditions set out above. On delivery: If your product weighs more than 20 kg: When your new product is delivered, we will take back the old one subject to certain conditions: - The product to be taken back must be equivalent to the new product purchased, both in terms of type and dimensions (e.g. a barbecue for a barbecue, with the same dimensions) - The return is based on the principle of ‘one product purchased, one product returned’ - The product weighs more than 20 kg or measures more than 2.50 metres (length + width + height) - If the product was originally intended for self-assembly, it must be dismantled and must not pose a risk to the health and safety of the delivery driver: o The product must be clean o It must show no signs of rust o It must not contain any sharp parts (sharp edges, broken glass, etc.) o Must be completely empty (no liquid present) o Must not be connected to any power source The product must be packed in its original packaging or in a cardboard box suitable for transporting the product and must meet the conditions set out above. The carrier shall be entitled to refuse to take back your used product if it does not comply with the conditions set out above. Any request to take back a used product of the same type as the product purchased must be made within 24 hours of purchasing the new product. No request for the return of a used product made before the purchase is finalised will be considered. All requests for a return must first be made by email. To inform the seller, FAVEX, of your wish to take advantage of the 1-for-1 trade-in scheme, you must follow the steps below before purchasing your new product. Any request made too late after the purchase or which does not follow the procedures set out below cannot be processed. 1. Check the trade-in conditions set out above and ensure that your request to have your used product taken back free of charge complies with these conditions. 2. As soon as possible after your purchase, notify the seller directly at reprise1pour1@favex.fr of your wish to have your used product taken back free of charge. • When making your collection request, please provide the FAVEX sales team with: - your order number, - the type of product ordered, - the nature of the used product you wish to have collected, which, as a reminder, must be a product similar to the FAVEX product you purchased. - the dimensions when assembled and the weight of your old product, along with a photograph of it. You will receive a reply within 24–48 working hours with details on how your request will be handled. Kuehne Nagel terms and conditions. The collection may not necessarily take place on the same day as delivery. It may be necessary to arrange a collection date that differs from the delivery date, so that the carrier can collect the goods from your doorstep, gate or building entrance. Please note that the carrier will send a collection confirmation with a reference number by email (within 2 working days). Please note that collection of the product may take up to 10 working days. In exceptional circumstances (for example, a lack of communication when arranging the collection, or a surge in the number of collection requests), the collection time may be extended to up to 15 working days, unless otherwise agreed by the customer. Working days do not include weekends or public holidays.
Appendix 1 GUARANTEE OF CONFORMITY – STATUTORY GUARANTEE AGAINST HIDDEN DEFECTS Article L.217-4 of the Consumer Code: The seller shall supply goods in conformity with the contract and shall be liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation where the seller was contractually responsible for such installation or where it was carried out under the seller’s responsibility. Article L.217-5 of the Consumer Code: The goods are in conformity with the contract: 1° If it is fit for the purpose usually expected of similar goods and, where applicable: - if it corresponds to the description given by the seller and possesses the qualities which the seller has presented to the buyer in the form of a sample or model; - if it possesses the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the manufacturer or their representative, in particular in advertising or on labelling; 2° Or whether it possesses the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, which has been brought to the seller’s attention and which the seller has accepted. Article L.217-12 of the Consumer Code: The right of action arising from lack of conformity is subject to a limitation period of two years from the date of delivery of the goods. Article L.217-16 of the Consumer Code: Where, during the term of the commercial guarantee granted to the buyer upon the purchase or repair of movable property, the buyer requests the seller to carry out repairs covered by the guarantee, any period of downtime of at least seven days shall be added to the remaining term of the guarantee. This period shall run from the date of the purchaser’s request for repair or from the date on which the goods in question were made available for repair, if such handover took place after the request for repair. Article 1641 of the Civil Code: The seller is liable under the warranty for hidden defects in the goods sold which render them unfit for their intended use, or which so impair that use that the purchaser would not have acquired them, or would have paid only a lower price for them, had they been aware of such defects. Article 1648, paragraph 1, of the Civil Code: An action arising from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.