General Terms and Conditions of Sale and Use

These General Conditions of Sale and Use (hereinafter the "GCSU") are intended to define the rights and obligations of the parties in connection with the sale of products (hereinafter the "Product(s)") distributed by the company NOX STORAGE simplified joint stock company with a capital of € 1000, whose registered office is 544, Route de Villebrumier 31340 Villemur sur Tarn, registered with the Trade and Companies Register under number 829 112 598 R.C.S Toulouse, intra-community VAT number FR77829112598 (hereinafter the "Seller"). The fact of placing an order for Product(s) with the Vendor implies the irrevocable adherence of the Buyer, without restriction or reserve, to all the provisions of the GCVU.

These GTCU are subject to change. The GCVU applicable to the Buyer are those in force at the date of placing the order by the Buyer. No general or specific conditions appearing in the documents sent by the Buyer may not be incorporated herein without the express written consent of the Seller.

In particular, these T&Cs prevail over any other document, and in particular over any general terms and conditions of purchase. They apply, without restriction or reservation, to all services and Products rendered by the Seller to the Buyers. Any other document issued by NOX STORAGE has only an indicative value (prospectus, catalogue, brochure...).

All orders are based on a quotation. The Buyer places his order by contacting NOX STORAGE by e-mail or telephone. All orders placed by the Buyer are firm and final upon receipt by NOX STORAGE of the quotation signed by the Buyer. All quotations must specify at least: the description of the Product(s), their quantity, the place and date of delivery requested by the Buyer. NOX STORAGE undertakes to deliver the quantities ordered subject to availability.

The order will be processed within one (1) week, unless NOX STORAGE expressly agrees otherwise in writing. The prices are indicated in euros all taxes included. They take into account the VAT applicable in France on the day of the order. The price of the Products is that applicable on the day of the order.

Once the order has been placed, prices cannot be modified, except in certain clearly stated cases. All taxes, duties, rights or other benefits to be paid of any nature whatsoever, relating to the agreed sale, shall be borne by the Buyer.

Only the actual provision of funds to NOX STORAGE shall constitute a payment within the meaning of this article.

Accepted payments are credit card or cheque payments. For these 2 methods of payment, only payments in euros are accepted.

The delivery of negotiable instruments not payable at sight or of any other instrument creating an obligation to pay does not constitute payment.

The transfer of ownership of the Products to the Buyer will only take place upon their payment. Payment means the settlement of the price of the Products, the costs of sale and interest.

Any sum not paid on the due date shall automatically entail, on the day following the due date for payment, the payment of interest for late payment at a rate not less than three times the legal interest rate and the invoicing of collection costs of a lump sum of 40 €.

The non-payment of any sum not paid on the due date shall render all invoices still outstanding immediately payable, without it being necessary for NOX STORAGE to issue a prior formal notice. These facts release NOX STORAGE from any commitment and authorise it to suspend any delivery until full payment of the invoices concerned and to terminate by right any order to be executed or in the course of execution.

Any deterioration in the Buyer's creditworthiness may justify the requirement of guarantees or payment in cash or by draft payable at sight, before execution of the orders received.

In accordance with the legal provisions, NOX STORAGE is the owner of the goods until full effective payment of the price corresponding to these goods.

However, the risks are transferred as soon as the seller leaves the warehouse.

In the event of non-payment, even partial and without prejudice to its other rights, NOX STORAGE may therefore obtain the return of the goods by simple registered letter, at the expense of the Buyer.

If the Products cannot be returned to NOX STORAGE, the costs of recovering both the unpaid sums and the sums due under the penalty shall be borne by the Buyer, including the fees of legal officers.

Even if he is not the owner, the Buyer shall bear the risks and damages that the equipment may suffer or cause to suffer from the moment he takes delivery of the equipment.

Delivery terms are defined by NOX STORAGE. Orders are shipped directly to the address provided on the quotation by the Buyer.

The Buyer is required to provide all information necessary for delivery (address, access code...) as well as contact details for reception.

Delivery times are given as an indication and information; they depend on availability, carriers, and the order of arrival of orders. Exceeding them can in no case give rise to the allocation of damages or penalties for delay, or the cancellation of the contract of sale.

In accordance with Article 1148 of the French Civil Code, NOX STORAGE shall be released from its obligation to deliver either in the event of the occurrence of an event of force majeure such as strikes by one of its subcontractors, road blockages, or in the event of the fault of a third party or the Buyer.

NOX STORAGE reserves the right to make deliveries in whole or in part. No change in the terms of delivery of the Products may be made without the prior and express agreement of NOX STORAGE.

NOX STORAGE guarantees that the Products delivered comply with the French legal provisions applicable to each category of Products, mentioned on the order form, in which the Products are intended to be marketed. It is the responsibility of the Purchaser to verify the conformity of the Products to the order upon receipt at the place defined in the order form.

The Buyer must make any complaint about apparent defects or the conformity of the Products delivered by e-mail(nox@noxstorage.com) or by a letter addressed to the administrative headquarters within two (2) weeks following the delivery of the Products.

It is up to the Buyer to provide all justifications as to the reality of the defects or anomalies observed. The Buyer must allow NOX STORAGE every facility to proceed with the observation of these defects or non-conformities and, if necessary, to remedy them. The Buyer shall refrain from intervening himself or having a third party intervene for this purpose. Failing this, the Buyer may not claim any compensation or indemnity from NOX STORAGE on any grounds whatsoever.

In addition, it is the responsibility of the Buyer to make any reservations with the carrier, in accordance with Article L.133-3 of the French Commercial Code, on the delivery receipt of the Single Transport Document (DUT) and by registered letter with acknowledgement of receipt within three (3) working days following receipt of the Products, with a copy to NOX STORAGE.

Products will not be taken back or exchanged except in exceptional cases. In accordance with the provisions of Article L.442-6 I-8 of the French Commercial Code, any Product returned without the agreement of NOX STORAGE shall not give rise to the establishment of a credit note, deduction or compensation.

In accordance with the legal provisions of article L 121-20 of the French Consumer Code, the Buyer may decide to cancel his purchase within 7 days of the delivery date.

Only the shipping costs remain at his expense. Reimbursement shall be made within 30 days of receipt of the goods by NOX STORAGE, as a result of the exercise of the right of withdrawal.

The return will be made by the means of the Buyer to the following address, unless otherwise specified: NOX STORAGE - 544 Route de Villebrumier, 31340 Villemur sur Tarn, FRANCE.

This right of withdrawal can never apply if the Products delivered have obviously been used, even if only in a minor way.

The Products must imperatively be returned properly protected, in their original packaging, in a perfect state of resale (not damaged, damaged or soiled by the Buyer) accompanied by any accessories, instruction manuals and documentation to the address indicated above, accompanied by the invoice. Packages for which there is no enclosed information to identify the sender (order number, surname, first name, address) will not be accepted.

The costs and risks related to the return of the Product are the responsibility of the sender. The return of Products will give rise to a refund equal to the purchase price of the Product(s) purchased. The refund therefore does not include any delivery costs. As soon as the return is processed, NOX STORAGE will send an email to the Buyer informing him/her of the amount of the refund.

The Products marketed by NOX STORAGE are of fair and merchantable quality, it being specified that any sample given to the buyer serves only to testify to the type of execution and the usual quality of these products. Any return of goods shall be subject to a formal and prior agreement between NOX STORAGE and the Buyer.

The costs and risks of the return shall be borne by the buyer. Any resumption of an order previously accepted, will result in the establishment of a credit note to the benefit of the Buyer after qualitative and quantitative verification of the Products by NOX STORAGE, the sole judge of the defective nature of the delivery.

In the event of non-conformity of the goods delivered being observed by NOX STORAGE, the Buyer may obtain free replacement or reimbursement of these goods, excluding any compensation. No goods shall be taken back after a period of fifteen days after receipt by the Buyer. The return of unsold Products by the Buyer is not accepted.

NOX STORAGE provides the Buyer with all the information necessary for the correct use of its Products and guarantees their operation as long as they are used correctly in accordance with the instructions provided to the Buyer through different media (website, FAQ section, Quick Start Guide, etc.).

Under no circumstances shall NOX STORAGE be held liable for bodily harm resulting from improper handling of the Products.

In particular, the Buyer is aware of the various dangers associated with the use of carbon dioxide under pressure and undertakes to take all necessary precautions when handling it. NOX STORAGE declines all responsibility in case of serious accident or death that could occur following the use of our Products.

Any possible complaint concerning the non-conformity of the services in relation to the contractual commitments can be reported by registered letter with acknowledgement of receipt (NOX STORAGE, 544 Route de Villebrumier, 31340 Villemur sur Tarn) or by e-mail(nox@noxstorage.com).

If, despite the efforts made by NOX STORAGE to find a suitable solution, the situation is not resolved, the Buyer undertakes to give preference to a mediation solution before starting a legal dispute. In the event of a lawsuit, the sessions will take place at the court of Toulouse and are subject to French law.

No third party may intervene without the joint agreement of NOX STORAGE and the Buyer.

Any question relating to these GCSU, as well as to the sales that they govern, which would not be dealt with by the contractual stipulations, will be subject to the provisions of French law, excluding the 1980 Vienna Convention on the International Sale of Goods with regard to sales made on national territory.

Any dispute relating to the Terms and Conditions of Sale, as well as to the sales they govern, will, in the absence of an amicable settlement, be subject to the exclusive jurisdiction of the competent courts of Toulouse, even in the event of plurality of instances or parties, warranty claims or summary proceedings.