ARTICLE 1: PREAMBLE

These General Terms and Conditions of Sale apply exclusively between SARL ACRIVI and any person visiting or making a purchase via the website www.acrivi.com (hereinafter referred to as “the Buyer”). Any internet user may review the General Terms and Conditions of Sale on the website www.acrivi.com (hereinafter referred to as the “Website”).

As these General Terms and Conditions of Sale may be subject to change, the applicable terms are those in effect on the Site on the date the order is placed.

Consequently, any person’s acceptance of a quote or placing of an order for a product offered for sale on the Site constitutes full and unconditional acceptance of these General Terms and Conditions of Sale, which the Buyer acknowledges having read prior to placing their order.

ACRIVI reserves the right to modify or change the products and prices offered without prior notice (with the exception of orders already in progress, which remain subject to the terms and conditions valid on the date of the order). The products are offered for sale without territorial restrictions.

ARTICLE 2: PRICES, AVAILABILITY, AND DELIVERY

2.1 Prices

The prices displayed on the Site are indicated in Euros, inclusive of all French taxes, excluding shipping costs (detailed in the YOUR DELIVERY section) and are payable only in Euros.

The Buyer will be considered the importer of a product ordered on www.acrivi.com if the Buyer resides outside of Metropolitan France. If the Buyer resides outside the European Union, the Buyer may be liable for customs duties or any other import-related taxes to the destination country. The Buyer is responsible for both the declaration and the payment. ACRIVI reserves the right to modify prices at any time. The price in effect is that of the day the order is placed. Special care is taken with packages containing fragile items.

All products remain the property of ACRIVI until full payment of the order has been received.

2.2 Availability

Our offers are valid while supplies last. Depending on each order, certain items may not be available in our warehouse. In this case, availability is subject to stock on hand at our supplier.

The Buyer is informed of the availability of items once the order is placed on the ACRIVI website. In the case of payment by check, the order will not be processed until the check has cleared. Availability is determined upon receipt of the check.

If, despite our best efforts, the items are unavailable, ACRIVI will apply Article L. 121-20-3 of the French Consumer Code, according to which, in the event of failure by ACRIVI to fulfill the sale resulting from the unavailability of the goods or services ordered, the Buyer will be notified of this unavailability as soon as possible by email. It is agreed between the Buyer and ACRIVI that ACRIVI may offer the Buyer a good or service of equivalent quality and price. However, if ACRIVI is unable to offer a substitute item, a credit will be offered to the Buyer. As a last resort, the Buyer will be refunded without delay and no later than thirty days.

2.3 Delivery

The delivery time takes into account the preparation of the order and not its shipping. ACRIVI delivers the order to the address provided by the Buyer at the time of ordering. In the case of an order containing items with different shipping times, ACRIVI bases the order’s shipping time on the longest lead time. However, if necessary, ACRIVI may split the shipment, charging shipping costs only once.

No deliveries to Corsica; deliveries to Switzerland and Monaco are available only upon request.

ACRIVI shall not be held liable for any delay in the delivery of the order attributable to the carrier.

2.4 Conformity of the goods, receipt of the package.

Upon receipt of the goods, the customer must carefully inspect the package(s) and verify the contents in the presence of the delivery person before signing the delivery slip. If the delivered products have been damaged (breakage, impact, deformation, tears, etc.), the customer must refuse the package(s) by clearly noting the reason for refusal on the delivery slip. The customer will receive a replacement delivery free of charge. ACRIVI cannot provide any repair or product replacement if the customer discovers a defect in the delivered product(s) after unpacking them following the driver’s departure and has merely noted a remark such as “subject to unpacking” on the delivery slip. This is because the insurance policies that ACRIVI purchases when using a carrier or carriers do not cover damage to the product(s) presented at delivery if the delivery has been accepted by the customer and the delivery slip(s) do not mention one or more specific instances of damage to the delivered goods.

ARTICLE 3: PAYMENT

Orders must be paid for prior to shipment using one of the methods offered on the website:

By credit card (secure online payment via Crédit Mutuel / SSL protocol) such as VISA, MASTERCARD, or other. The Buyer may pay by credit card. Cards issued by banks domiciled outside of France must be international credit cards.

By check made payable to ACRIVI. Payment by check is only accepted for checks in euros drawn on a bank domiciled in France or Monaco. The check is cashed upon receipt. ACRIVI will process the order only after the check has been cashed. The check must be made payable to ACRIVI and sent to the address provided at the time of ordering. The Buyer agrees to print their order and enclose it in the envelope with their check. In the event that the Buyer is late in sending their check, ACRIVI will notify the Buyer by email that, after a period of 15 (fifteen) days from the date this notice is sent, the order will be automatically canceled on the website.

By bank transfer. Payment by bank transfer includes bank fees, which are the responsibility of the Buyer. ACRIVI will ship the order only upon receipt of payment. The Buyer must notify the Site of the date of payment.

ARTICLE 4: RETURNS

4.1 Right of Withdrawal

The Consumer Buyer has a period of 14 clear days, starting from the date of receipt (signature of the delivery slip or, failing that, the date of delivery to the customer indicated on the Coliposte website), to exercise their right of withdrawal without having to provide a reason or pay any penalties. If the 14-day period expires on a Saturday, Sunday, or a public holiday or non-working day, it is extended until the next business day. Custom-made cards, electronic enclosures, refrigerated furniture gaskets, and non-catalog parts specially ordered for the customer are neither accepted for return nor exchanged, except in the case of a proven error on our part.

To return the merchandise, the Buyer must first go to the website www.acrivi.com, log in to their account, fill out the return form, print it and include it in the return package, attach bank details for a potential refund, and ship everything to:

SARL - ACRIVI - 39 rue Principale - 67160 Niederseebach

Returned items must be brand new, in their original condition (packaging, accessories, instructions, etc.), and properly sealed.

In the event of a refund, ACRIVI will process it via bank transfer within the legal maximum period of 14 days following the date on which the right of withdrawal is exercised (date the form is submitted on the ACRIVI.COM website). If the product includes a warranty card or any other document to be completed, it must not be filled out so that the Buyer may exercise their right of withdrawal. Any product that is incomplete, soiled, damaged, or whose original packaging has been damaged will not be refunded or exchanged. All risks associated with returning the product are the responsibility of the Buyer. Acrivi will refund the amount of your invoice, excluding return shipping costs. The refund is due within a maximum of 14 days. A flat fee of 20 euros will be deducted for administrative and processing costs.

4.2 Compliance with Procedures

Failure to comply with the procedures set forth above and the specified deadlines will result in the Buyer being unable to make any claim for the right of withdrawal or non-conformity, as the products will then be deemed accepted or in compliance and free from any apparent defects.

ARTICLE 5: WARRANTIES AND LIABILITY

5.1 Warranties

The warranty for parts and equipment sold by our company is provided to our customers under the same terms and conditions that we receive from our own suppliers.

The warranty on the equipment is limited to the replacement of parts recognized as defective (excluding wear parts, glass, hinges, gaskets, light bulbs, refractory parts, bearings, switches, piezo elements, etc.). A breakdown shall under no circumstances result in the exchange of the equipment. Labor costs associated with replacing these parts and their shipping are the responsibility of the buyer. The warranty takes effect on the date of invoice.

Return of Spare Parts

The malfunction must be diagnosed by a professional to precisely identify the part to be replaced. The part must be sent to us with shipping prepaid. The replacement of the part will be processed upon receipt of the defective parts and after verification by the technical department.

ACRIVI guarantees the Buyer against hidden defects that may affect the delivered products only in the context of replacing defective products or parts that render them unfit for use, without the Buyer being able to hold ACRIVI liable for any harmful consequences that such hidden defects may have caused.

In any event, the warranties do not cover:

abnormal or improper use of the products, wear parts, damage caused by disassembly, improper installation, unsuitable use, attempted repairs, and damage caused by impact.

defects and their consequences resulting from intervention by the Buyer or a repairer not authorized by the manufacturer.

defects and their consequences resulting from use not in accordance with the product’s intended purpose.

It is contractually stipulated that ACRIVI must be notified within 8 days of any non-conformity, and within one month in the case of a latent defect. If this deadline is not met, the buyer will lose all recourse against ACRIVI.

In the event that the customer fails to make payment by the agreed due dates, our warranty will be suspended until the overdue payments are made, without this suspension extending the warranty period, which begins at the time of delivery.

5.2 Liability

ACRIVI disclaims all liability in the event that the delivered item does not comply with the laws of the country of delivery other than France.

The products offered by ACRIVI comply with current French legislation. ACRIVI shall not be held liable for non-performance of the contract in the event of stock shortages or product unavailability, force majeure, or total or partial disruptions or strikes, particularly involving postal services, transportation, and/or communications.

ACRIVI shall not be held liable for any indirect damages that may arise from the purchase of the products.

ACRIVI shall not be liable for any loss of data or files. It is the Buyer’s responsibility to perform all necessary backups.

The total or partial inability to use the products shall not give rise to any liability on the part of ACRIVI nor entitle the Buyer to any compensation or refund (particularly in the event of component incompatibility). The Site also contains information from third parties and links to other websites. ACRIVI shall in no event be held liable for any damages resulting from the use of, access to, or inability to use such third-party information, nor for the content of other websites.

Furthermore, in the event of minor discrepancies between the product photos, descriptions, and illustrations on the Site and the items ordered, ACRIVI shall not be held liable.

ARTICLE 6: INTELLECTUAL PROPERTY

ACRIVI grants a limited license to access and use the Site for personal use. Under no circumstances is the user authorized to download or modify all or part of this Site without the express written permission of ACRIVI. This license does not permit, under any circumstances, the use of this Site or its content (listed products, descriptions, prices, downloading or copying of information on behalf of another merchant, use of data, software, audio clips, graphics, images, text, photographs, or tools) for sale or any other commercial purpose.

This Site or any part of this Site may not under any circumstances be reproduced, copied, sold, or exploited for commercial purposes without the express written permission of ACRIVI.

The user must not use techniques that allow for the copying of a trademark, logo, or any other information (including images, text, or mockups) owned by ACRIVI without express written consent.

The user must not use meta tags or any other “hidden” text containing the name of ACRIVI, as well as the logo or trademark of the referenced companies, without the express written consent of ACRIVI. Any unauthorized use will terminate the license granted by ACRIVI.

ACRIVI grants, on a non-exclusive and revocable basis, permission to create a hyperlink pointing to the Site’s homepage, provided that such a link does not create a misleading, false, or derogatory impression regarding the referenced companies, or their products or services, nor cause harm to ACRIVI. Under no circumstances shall the creation of this hyperlink give rise to any liability on the part of ACRIVI, for any reason whatsoever, regarding the content of the site in question. Any use of the ACRIVI logo or graphics and images within the link requires the express written authorization of ACRIVI.

ARTICLE 7: PROTECTION OF PERSONAL DATA

ACRIVI undertakes to use only external databases or files that comply with regulatory provisions and are duly registered with the CNIL. ACRIVI undertakes to protect the Buyer’s personal data. All personal data collected by ACRIVI is treated with the strictest confidentiality. The information collected by ACRIVI during any order placed by the Buyer is necessary for the management of their order. In accordance with the French Data Protection Act No. 78-17 of January 6, 1978, the Buyer has the right to access, correct, object to, and delete data concerning them held by ACRIVI.

Through ACRIVI, the Buyer may receive commercial offers from other organizations or companies, or be informed of ACRIVI’s offers. If the Buyer does not wish to receive these offers, they may notify ACRIVI by email at: contact@amen-design.fr

ARTICLE 8: JURISDICTION

If the Buyer is a merchant, the Commercial Court of Strasbourg shall have exclusive jurisdiction in the event of any dispute of any nature or any contestation for any reason whatsoever, unless ACRIVI prefers to bring the matter before any other competent court. This clause applies even in cases of summary proceedings, incidental claims, multiple defendants, or third-party notices, and regardless of the payment methods and terms, without any jurisdiction clauses that may exist in the Buyer’s documents being able to prevent its application.

SARL ACRIVI

39 Main Street

67160 Niederseebach,