General conditions of sale

Article 1 — Scope and definitions

"Consumer" means any natural person acting for purposes that do not enter into the course of his commercial, industrial, craft, liberal or agricultural activity (preliminary article of the Consumer Code). "Professional" means any natural or legal person, public or private, acting for purposes falling within the scope of such an activity, including the agricultural operator in command of his holding. Certain provisions of these provisions (right of withdrawal, legal guarantees, mediation) only benefit Consumers and, for the right of withdrawal, professionals fulfilling the conditions of article L221-3 of the Consumer Code.

The Customer declares, when creating his account or ordering, the quality (individual or professional) in which he contracts. The trader shall provide his name, his SIRET number and, where appropriate, his intra-Community VAT number. These declarations bind the Customer.

The General Terms and Conditions shall prevail over any other document of the Customer, including its general terms and conditions of purchase. The Seller reserves the right to modify them at any time; the applicable GTCs are those in force on the day of the order.

Article 2 — Products

The products offered for sale are agricultural materials designed and manufactured by the Seller at the Catelet (Aisne) or distributed by it: portable throttles Minibatt and accessories, humidity testers Minitest and Multitest, Pailletest, probes, electric grease pumps G3P, weight meter PMG Fiber Control, system SmartPan and original spare parts.

In accordance with article L111-1 of the Consumer Code, the essential characteristics of each product (function, dimensions, weight, diet, delivery content) are described on its product sheet. The photographs and videos are as faithful as possible but have no contractual value; the Seller can evolve his products in a way of improvement without affecting the essential characteristics.

Appliances shall be delivered with their instructions for use in French, their CE declaration of conformity and, where appropriate, their guidance for adjustment. They are intended for agricultural or professional use in accordance with their instructions.

Article 3 — Prices and taxation

Prices are expressed in euros, excluding taxes (taxes) and all taxes included (taxes included), VAT being applied at the rate in force on the day of the order (20% in metropolitan France). Delivery costs are indicated separately and notified to the Customer prior to the validation of the order (articles L112-1 and L112-3 of the Consumer Code).

Intra-Community deliveries: the Professional Customer established in another Member State of the European Union who communicates a valid intra-Community VAT number (verified via the VIES system) is charged without taxes, VAT being allowed by the purchaser (Article 262b I of the General Tax Code and Article 138 of Directive 2006/112/EC). The invoice shall contain the statement "Autoliquidation — Art. 262 ter I CGI". In the absence of a valid number, or for a Consumer Customer, French VAT is applied. The Customer is solely responsible for the accuracy of the number communicated and the tax consequences of an erroneous return.

The Seller may change his prices at any time; the price charged is the price displayed at the time of validation of the order. Prices are recalculated on the server side from the catalogue at the time of ordering, which is true in case of obvious display error.

Article 4 — Promotional codes

The Seller may issue promotional codes entitled to a discount or percentage, or to free shipping. The code is entered in the basket or when ordering, before payment; no discount can be applied retroactively to a validated order.

Unless expressly stated otherwise, a code is nominative or limited in number of uses, valid during the period and on the products indicated, not cumulative with another code or other current promotion, and cannot be exchanged, refunded or converted into cash. The rebate shall apply to the price of eligible products excluding shipping costs, except for French code. The Seller may cancel an order in case of fraudulent use or misuse of a code (multiplication of accounts, code reserved for a specific operation).

In the event of the exercise of the right of withdrawal or partial return of a coded order, the rebate shall be distributed in proportion to the products; only the amount actually paid shall be refunded.

Article 5 — Ordering and formation of the contract

In accordance with articles 1127-1 and 1127-2 of the Civil Code, the order process consists of the following steps: (1) making of the basket; (2) identification or creation of an account, or order as a guest; (3) choice of method of delivery and entry of addresses; (4) detailed summary to verify the details of the order, its total price and correct any errors; (5) acceptance of the GTCs by check box; (6) payment. The order is only permanently registered after the second confirmation ("double click") that constitutes the validation of the payment.

The contract is formed upon receipt by the Customer of the order confirmation e-mail, sent without delay by the Seller and summarizing the products, prices, fees, addresses, delivery method, as well as the present GTC or a link to them (article L221-13 of the Consumer Code). A confirmation of payment is attached to this e-mail; the final invoice is issued when the products are shipped or made available and attached to the corresponding e-mail. It is also downloadable from the order tracking and customer space.

The Seller reserves the right to refuse or cancel any order in the event of any previous dispute, default or incident of payment, suspicion of fraud, unavailability of the product or abnormal quantity with regard to current consumption; the Customer is informed by e-mail and fully reimbursed of the sums paid. Orders are archived by the Seller on a reliable and durable medium (article L213-1 of the Consumer Code); the Customer can access it on request.

Article 6 — Payment

The price is payable in full on the day of the order. Payment is made by credit card (CB, Visa, Mastercard) via the secure platform Systempay (Lyra Network SAS, approved payment service provider, on behalf of Banque Populaire). The card data is entered exclusively on the provider's payment page in an encrypted environment that complies with the PCI-DSS standard; The Seller never has access to or keeps the card data. Payments are subject to strong holder authentication (3-D Secure) in accordance with Directive (EU) 2015/2366 (DSP2).

The order is confirmed and prepared after receipt of the notification of authorisation from the payment provider. An order whose payment is refused or not finalised within the time limit shall be automatically cancelled. The Seller reserves the right to suspend any order in case of refusal of authorization or non-payment.

Professionals: in case of late payment for orders settled with maturity accepted by the Seller, penalties equal to three times the legal interest rate and a flat-rate compensation for recovery costs of 40 € are due automatically (arts. L441-10 and D441-5 of the Commercial Code).

Article 7 — Availability and time limits

The products are offered within the limits of the stock available and the manufacturing capacity of the workshop. In case of unavailability after order, the Seller informs the Customer by e-mail as soon as possible and offers either a manufacturing period, or a product of equivalent quality and price, or the cancellation and refund of the sums paid within fourteen days at the latest (article L216-6 of the Consumer Code).

Orders are prepared at the Catelet workshop and shipped after validation of payment, usually within two to five working days. In the absence of any indication to the contrary at the time of the order, the Seller shall deliver the product no later than 30 days after the conclusion of the contract (article L216-1 of the Consumer Code).

Article 8 — Delivery and withdrawal

The Customer chooses on order between: (a) delivery by Colissimo (La Poste) at the address indicated, in metropolitan France or in the countries of the European Union served: Belgium, Germany, Spain, Italy, the Netherlands, Slovenia and Slovakia; (b) free withdrawal at the Seller's workshop, 15 bis, rue Augereau, 02420 Le Catelet, at the opening hours or by appointment, after receipt of the e-mail. No other destinations are offered online; the Customer established elsewhere contacts the Seller for a quote.

Shipping costs Colissimo are calculated according to the weight of the package and the destination area and displayed before payment. They are offered in metropolitan France from 150 € VAT of products. The Customer is informed by e-mail of the shipment, with the tracking number Colissimo allowing to track the delivery of the parcel. In the event of absence, the package shall be deposited in accordance with Colissimo (notice of passage, pending at the post office or point of withdrawal within the specified period); upon expiry of this period, the parcel shall be returned to the Seller who contacts the Customer to agree on a new delivery, the costs of re-shipment being borne by the Customer when the return is attributable to him. The products in withdrawal at the workshop are kept thirty days after the e-mail is made available.

In accordance with article L216-1 of the Consumer Code, the Seller delivers the product on the date or within the time specified to the Consumer or, failing that, without undue delay and no later than 30 days after the conclusion of the contract. In the event of failure by the Seller to comply with its obligation to deliver, the Consumer may, after successfully ordering the Seller to perform within a reasonable additional period, resolve the contract by registered letter with notice of receipt or in writing on another durable medium; the sums paid are then repaid to him within 14 days of the termination of the contract (articles L216-6 and L216-7 of the Consumer Code).

Risk transfer: for the Consumer, any risk of loss or damage to the products is transferred at the time of physical possession, or takes possession of the product through a third party whom the Consumer has himself designated other than the carrier proposed by the Seller (articles L216-4 and L216-5 of the Consumer Code). For the Professional, the products travel at the risk of the consignee as from their delivery to the carrier; in the event of damage or missing, it is for the carrier to formulate specific reservations on the carrier's voucher and to confirm them by registered letter within three days in accordance with Article L133-3 of the Commercial Code.

The Customer checks the condition of the package at reception. Any apparent anomaly (open, damaged, missing product) must be reported to the Seller at [email protected] within 48 hours, photographs in support, in order to facilitate the appeal against the carrier; This does not deprive the Consumer of his legal guarantees.

Article 9 — Reservation of title (Professionals)

In sales with a Professional, the Seller retains ownership of the products until the full payment of the price, in principal and accessories (articles 2367 et seq. of the Civil Code and L624-16 of the Commercial Code). Failure to pay on due date may result in the claim of the products. The Professional undertakes not to resell or process the products not fully paid and to insure them against any risk of loss.

Article 10 — Right of withdrawal

In accordance with articles L221-18 et seq. of the Consumer Code, the Consumer Customer has a period of fourteen days from the day on which he or a third party other than the carrier whom he or she has designated takes physical possession of the property (or last property, lot or part in the event of a phased delivery) to exercise his or her right of withdrawal, without having to justify his or her decision or to bear any costs other than those provided for in articles L221-23 to L221-25. The same right applies to a professional who employs up to five employees and whose subject matter of the contract is outside the scope of his main activity (art. L221-3).

In order to exercise this right, the Customer shall notify his decision by means of a declaration without ambiguity (mail to 15 bis, rue Augereau, 02420 Le Catelet, or e-mail to [email protected]), before the expiry of the period. He may use the following standard form: "To the attention of SAS Godé, 15 bis, rue Augereau, 02420 Le Catelet, [email protected] — I hereby notify you of my withdrawal from the contract for the sale of the following property: [designation], ordered on [date] / received on [date], Order Number [n°]. Consumer name: [...]. Address: [...]. Signature (in case of paper notification). Date: [...]. The Seller acknowledges receipt of the withdrawal by e-mail.

The Customer returns or returns the products to the Seller, at 15 bis Augereau Street, 02420 Le Catelet, without undue delay and not later than 14 days after the communication of its decision (Art. L221-23). Direct return costs are borne by the Customer; Indicatively, for products which cannot be returned by ordinary mail due to their weight or volume (Minibatt, PMG), this cost is estimated between 15 € and 60 € depending on the destination. The products are returned complete (accessories, notices, certificates), in their original packaging and in a condition to be sold. The Customer is liable only for depreciation resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the property (art. L221-23, para. 3).

The Seller shall reimburse all sums paid, including standard delivery costs, without undue delay and not later than 14 days from the day on which he is informed of the withdrawal decision; it may defer the refund until the goods have been recovered or until the Customer has provided proof of dispatch, the date chosen being that of the first of these facts (art. L221-24). The refund shall be made by the same means of payment as used during the order, unless expressly agreed by the Customer for another means.

Exceptions (art. L221-28): the right of withdrawal may not be exercised for goods manufactured according to the Customer's specifications or clearly customized (configuration or special manufacture), nor for goods unsealed after delivery and not capable of being returned for reasons of hygiene or health protection, nor for goods which, after delivery, are inextricably mixed with other items. Lithium-ion batteries whose protective film has been removed or which have been charged are covered by the sealed consumables.

The right of withdrawal does not apply to the Professional Customer who does not meet the conditions of Article L221-3 of the Consumer Code.

Article 11 — Legal guarantees (Consumers)

Pursuant to article L217-15 of the Consumer Code, the Seller recalls that the Consumer benefits, regardless of the commercial guarantee described in article 12, from the legal guarantee of conformity (articles L217-3 to L217-20 of the Consumer Code) and from the guarantee against hidden defects (articles 1641 to 1649 of the Civil Code).

Legal guarantee of conformity — The Seller is required to deliver property in accordance with the contract and the criteria of article L217-5 and is responsible for any defects in conformity existing at the time of issue and appearing within two years of issue (article L217-3). Defects occurring within 24 months of the issue of the property are presumed to exist at the time of issue, unless otherwise proved (art. The Consumer chooses between repair and replacement of the property; the Seller may not proceed according to the choice of the Consumer if this choice entails a clearly disproportionate cost (Article L217-12). Repair or replacement shall take place within a maximum period of 30 days, free of charge and without major inconvenience to the Consumer (art. L217-10). When the property is repaired, the Consumer benefits from a six-month extension of the initial guarantee (art. L217-13). If the repair or replacement is impossible, cannot be implemented within 30 days or has a major disadvantage, the Consumer may obtain a price reduction or the termination of the contract (Articles L217-14 and L217-16). It does not have to prove the existence of the lack of conformity during the period of presumption and this guarantee applies independently of any commercial guarantee.

The Consumer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code, within two years of the discovery of the defect (Article 1648). In this case, he may choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.

Legal guarantees are implemented with the Seller: SAS Godé, 15 bis, rue Augereau, 02420 Le Catelet, [email protected], 03 23 66 20 05. The Consumer shall communicate the order or invoice number, the serial number of the device and a description of the defect, accompanied if possible by photographs; the Seller organizes the return of the product.

Article 12 — Commercial guarantee 'Godé 3 years'

In addition to the legal guarantees, and without restricting them, the Seller grants a contractual commercial warranty (article L217-21 et seq. of the Consumer Code) on the Godé branded devices against any defects of material or defects of manufacture: from two years from the date of invoicing, extended to three years when the device is registered by the Customer on the "3 years warranty" page of the site, within twelve months of purchase, by communicating the serial number, date and reseller of the invoice. The guarantee applies in France and in the countries of the European Union served by the Seller.

After verification of the request, the Seller shall send to the Customer, by e-mail, an electronically signed PDF guarantee certificate (electronic signature within the meaning of Regulation (EU) No 910/2014 "eIDAS", accompanied by a time-bound audit log), indicating the device, serial number, date of departure and the date of expiry of the guarantee. The Customer can view the status of his request (received, validated, refused) and download his certificate from his customer area. The Seller may refuse registration in case of an unknown serial number, non-compliant invoice or device already registered; the Customer is informed by e-mail with the motif, and retains the two-year commercial warranty as well as the full legal guarantees.

Under this warranty, the Seller repairs or replaces, at his choice and at his own expense, any part which is deemed defective by his workshop. The transport from the aircraft to the workshop is the responsibility of the Customer; Reshipping is supported by the Seller. The period of immobilization of the appliance for repair extends the duration of the commercial guarantee (art. L217-24). The following are excluded from the commercial guarantee: normal wear; consumables (batteries, fuses, joints, belts, sieves); damage resulting from an accident, a fall, a failure to maintain, a use not in accordance with the package leaflet, an inadequate supply, a modification or an intervention by a person not approved by the Seller; devices whose serial number has been altered. The commercial guarantee does not cover indirect damage (loss of exploitation, harvesting or time).

Legal reminder: the Seller remains liable for defects in the conformity of the good and defects in the conditions laid down in articles L217-3 to L217-20 of the Consumer Code and articles 1641 to 1648 and 2232 of the Civil Code. This commercial guarantee is offered free of charge; These conditions, reproduced on the certificate, constitute the written contract required by article L217-22 of the Consumer Code.

Article 13 — Guarantees applicable to professionals

The Professional Customer benefits from the commercial guarantee described in Article 12 and from the guarantee of the hidden defects of Articles 1641 et seq. of the Civil Code, excluding the legal guarantee of conformity reserved for Consumers. Any claim relating to an apparent defect or non-conformity of delivery must be made in writing within eight days of receipt. The Seller's liability shall be limited to the replacement or reimbursement of the defective products, excluding any compensation for indirect or immaterial damage (loss of operation, harvest, turnover) within the limits of the price of the products concerned.

Article 14 — Liability and safety of use

Measurements provided by the apparatus (humidity, specific weight, temperature, counting, efficiency estimate) are decision aids whose accuracy depends on the conditions of use and calibration; the Seller cannot be held responsible for the agronomic or commercial decisions taken by the Customer on their basis. The Customer remains responsible for complying with the safety instructions of the package leaflet (lithium-ion battery, moving parts, lubrication under pressure, wearing protective equipment).

The Seller's liability cannot be incurred in the event of non-performance or misperformance of the contract attributable to the Customer, the unpredictable and insurmountable fact of a third party to the contract, or a case of force majeure within the meaning of Article 1218 of the Civil Code.

Article 15 — Major force

The performance of the Seller's obligations shall be suspended in the event of the occurrence of an event of force majeure within the meaning of Article 1218 of the Civil Code, in particular: natural disaster, fire, total or partial transport strike, blocking of means of telecommunications, prolonged unavailability of the carrier or payment provider, administrative decision. The Seller informs the Customer as soon as possible; if the impediment is final or exceeds sixty days, each party may terminate the contract and the Customer is reimbursed the sums paid.

Article 16 — Personal data

Personal data collected in connection with the order (identity, contact details, addresses, purchase history, warranty data) are necessary for the processing of the order, the invoicing, the delivery and the monitoring of guarantees. They are processed in accordance with the GDPR and Law No 78-17 of 6 January 1978, as amended, under the conditions detailed by the Privacy Policy, which specifies in particular the retention periods, the recipients (carrier, payment provider) and the manner of exercising the Customer's rights.

Article 17 — Intellectual property

The sale of the goods shall not entail any assignment of the intellectual property rights attached to trademarks, designs, embedded software, notices and documentation, which remain the exclusive property of the Seller or his licensors.

Article 18 — Claims, mediation and litigation

Any complaint is addressed as a matter of priority to the customer service of the Seller: SAS Godé, 15 bis, rue Augereau, 02420 Le Catelet — [email protected] — 03 23 66 20 05. The Seller undertakes to respond within fifteen working days.

In the absence of a friendly solution within two months of the written complaint, the Consumer Customer may use a consumer mediator free of charge, in accordance with articles L612-1 et seq. of the Consumer Code; the contact details of the mediator to whom the Seller adheres are published on the Legal Notice page and communicated on request at [email protected].

Consumers can also access the European online dispute resolution platform: https://ec.europa.eu/consumers/odr. Mediation is not mandatory and the parties retain the right to refer the matter to the judge.

These GTCs and sales contracts concluded on the site are subject to French law, without prejudice to the more favourable mandatory provisions of the law of the consumer's country of habitual residence (Article 6 of Regulation (EC) No 593/2008 "Rome I"). In the event of a dispute with a Consumer, the competent courts are determined in accordance with articles R631-3 of the Consumer Code and 42 et seq. of the Code of Civil Procedure. Any dispute with a Professional Client relating to the formation, performance or interpretation of these is within the exclusive jurisdiction of the Commercial Tribunal of Saint-Quentin, notwithstanding a plurality of defendants or an appeal for security.