Legal

Website publisher: ARENA

Publication manager: A.DEHONT

Address:33 rue Denis du Péage

Postal Code: 59520

City : Marquette-lez-Lille

Phone : 03 20 31 02 57

Company information (Siret number): 31755595100019

Site information:

Site: www.https://arenablast.com/en/

Email: contact@arenablast.com

Accommodation:

Host: OVH

Address: 2 rue Kellermann, 59100 Roubaix

Host's website: www.ovh.com

Developer:

Website developer: extremIT Digital

Address: 16 Rue du Carrousel 59650 Villeneuve d'Ascq

Developer's website: www.extremit-digital.fr

You are:Professional or Particular

ARTICLE 1 - DEFINITION 

Customer: refers to any natural or legal person who, acting exclusively in the context of his or her professional activity, places an order  for Equipment with ARENA. 

Order: refers to the Customer's order, which can be generated through a signed quote, an order placed on the https://arenablast.com/fr/ website, an email or a postal letter (Customer's official order form or email with the quantities of products ordered). 

Quotation: refers to a commercial proposal that may be issued and transmitted by ARENA to the Client prior to any Order. 

Party(ies): means the Client and/or ARENA.  

Equipment: refers to the products offered for sale by ARENA, namely: sandblasting cabinets, dust collection cabinets, sanding machines, and accessories including abrasives, spare parts, and/or any other new assembly to come. The description and characteristics of the products and accessories are presented on the https://arenablast.com/fr/ website 

ARTICLE - 2 FIELD OF APPLICATION 

The Client acknowledges that these General Terms and Conditions of Sale (hereinafter the "T&Cs") constitute the sole basis of the commercial negotiation and irrevocably accepts them from the first order.  No other general terms and conditions, clauses or conditions amending these GTC may be enforceable against ARENA. 

The Client acknowledges that he/she is fully informed of the fact that acceptance of the T&Cs does not require the handwritten signature of this document, nor formal adherence, but results solely from the placing of an order.  

ARENA reserves the right to change its T&Cs at any time. Any modification will be communicated to the Client, at the time of confirmation of the order or by any other written means. The latest version of the GTC cancels and replaces, as of its date of update, all other conditions previously issued.

ARENA may be required to provide various additional services to the sale of the Equipment at the Client's request, such as the provision of on-site installation and assembly services, training or studies, repairs or maintenance of the Equipment. These services will be invoiced separately, the costs and terms of payment and performance of which will be fixed in advance in writing by mutual agreement between the parties, on a case-by-case basis.

ARTICLE 3 – RESALE OF PRODUCTS  

The Client, when acting as a reseller, undertakes to market the Hardware exclusively in its original condition, without modification, reconditioning or alteration. It guarantees that the Equipment will be resold under conditions that comply with the standards in force in the destination markets and in compliance with the applicable regulations.

Customer is permitted to resell the Hardware only to business customers and through distribution channels consistent with good business practice. Any sale via online platforms, marketplaces or any other channel not expressly authorised by ARENA must be subject to prior written authorisation.

The Customer may only use ARENA's trademarks, logos and communication elements with its prior written consent and in compliance with the communication guidelines provided by ARENA. He or she shall refrain from any action likely to alter the image, reputation or value of ARENA's products and brands.

The Customer assumes full responsibility for the placing on the market of the Hardware in its resale territory and undertakes to:

•Inform its own customers of the terms of use and precautions relating to the Equipment;

•Comply with local labeling, safety, and compliance regulations;

•To take charge of any claim or dispute related to the resale of the Equipment, except in the event of a defect attributable directly to ARENA.

The Client undertakes to inform ARENA without delay in the event of:

•Modification of its activity that may impact the distribution of the Material;

•Significant complaints from its customers or reports of non-compliance;

•Unfair competition or fraudulent resale of the Equipment on its market.

In the event of non-compliance with this clause, ARENA reserves the right to:

•Suspend all new deliveries of Materials;

•Require the immediate removal of the Material marketed in violation of these terms;

•Terminate the T&Cs by operation of law, without prejudice to any action for damages.

ARTICLE 4 - PRODUCTS  

It is the Client's responsibility to be able, by virtue of its technical and/or professional skills, to define and ensure the compatibility of the Equipment for the uses for which it is intended, to make any requests for useful information before placing an order for Equipment, ARENA assuming no responsibility in this respect. 

The Client declares and acknowledges that the negotiation prior to the Order was conducted in good faith and that it has previously benefited from all the necessary and useful information to enable it to commit itself in full knowledge of the facts.

ARENA reserves the right to cease marketing any Hardware and/or to modify the characteristics of its Hardware at any time, without any prior notice and without this modification giving rise to the payment of any damages.

Images, statements, offers, descriptions made by ARENA, published on a website or in catalogues, lists, flyers or other advertising media, are provided for information purposes only and do not constitute contractual commitments. 

Aesthetic or technical differences may exist between the Material and the products presented in the price offer or order confirmation. These differences, insofar as they do not relate to the essential characteristics of the Equipment and do not affect their quality and performance, cannot justify a cancellation of an order or a refusal of delivery or payment on the part of the Client. 

ARTICLE 5 - PRICES

The price of the Equipment may be communicated by ARENA to the Client, at the latter's request. In the absence of a stipulation to the contrary in the Order, prices are defined on the basis of the Incoterms CCI 2020 FCA Zone industrielle Saint Roch, 33 rue Denis du Péage, 59520 Marquette Lez Lille, France for a sale outside Metropolitan France, and EXW Zone industrielle Saint Roch, 33 rue Denis du Péage, 59520 Marquette Lez Lille, France for a sale in Metropolitan France.  

The prices of the Materials are established in consideration of the economic conditions existing at the time of the Order. Where appropriate, ARENA may modify the prices up to the time of the Order confirmation to take into account variations affecting the economic conditions of its initial Quotation or Price Offer. 

The prices of the Materials are defined exclusive of taxes and increased by applicable taxes, in particular where applicable by the VAT in force on the day of invoicing. Any change in the current tax rate will be automatically reflected in the prices indicated. 

In addition to transport costs according to the incoterm chosen, the prices do not include taxes, charges, customs duties or other sums to be paid (bank fees, exchange fees, transfer fees) in addition to the price, according to the laws of France or those of the importing country or of a country through which the Equipment transits will be borne by the Client. 

For sales to professionals within the EU, the products are invoiced excluding tax, subject to the transmission of the Customer's intra-community VAT number valid on the date of the Order.  

ARTICLE 6 - ORDERS 

An Order accepted by ARENA cannot be cancelled by the Customer. However, in the event of a cancellation request, the full amount of the Order will be due by the Client. 

ARENA reserves the right to refuse, cancel or suspend an Order and to express reservations in the following cases: 

When the Client encounters or has already encountered payment problems (non-payment or late payment) for one (or more) previous order(s), or in the event of an investigation revealing a lack of solvency of the Client

Where the Customer is domiciled in a country or territory in which ARENA has previously granted exclusive sales to another professional, or in which ARENA is not authorised to distribute the Material.

✔In the event of a failure on the part of the Client to fulfil an obligation contained in these T&Cs or in the context of the existing business relationship. 

ARTICLE 7 - TERMS OF PAYMENT AND LATE PAYMENT

Unless otherwise agreed in writing between the Parties, the Material shall be payable in full in cash at the time of placing the Order, by bank transfer in Euro, or by any other legal means of payment approved by ARENA.

No discount is accepted in case of advance payment. 

Any late payment on due date may result, at ARENA's sole discretion, and without any formal notice, in the invoicing of a fixed compensation of €40 (forty), plus late payment interest at the rate of 3 times the legal rate per day of delay. 

In the event of late or non-payment, ARENA may, if it deems it appropriate, and without prior notice, take any legal action, suspend deliveries relating to the Orders in progress, or cancel the confirmed Orders to be fulfilled, without prejudice to any other legal remedies. ARENA may unilaterally, after sending a formal notice, draw up or have drawn up an inventory of the Equipment in the possession of the Client, who undertakes, from now on, to allow free access to its premises for this purpose, ensuring that the identification of ARENA  Equipment is always possible.

In the event of termination of an Order for non-payment, any deposits paid by the Client will remain the property  of ARENA, without prejudice to any other damages that may be claimed. 

ARTICLE 8 – DELIVERY AND INSTALLATION 

8.1 Delivery

The terms and conditions of delivery of the Equipment, and in particular the Incoterm chosen by the parties, are defined in the Order. In the absence of a definition of the incoterm in the Order, delivery will follow the rules of the Incoterm 2020 ® FCA Zone industrielle Saint Roch, 33 rue Denis du Péage, 59520 Marquette Lez Lille, France for sale outside Metropolitan France, and EXW Zone industrielle Saint Roch, 33 rue Denis du Péage, 59520 Marquette Lez Lille, France for sale in Metropolitan France.  

Given the transport hazards related to the origin of the Equipment (delay, transshipment, etc.), or the hazards impacting the manufacturing times of the Equipment, the delivery times communicated by ARENA cannot be firm and their failure to comply may not under any circumstances lead to the cancellation of the Order, or the application of penalties and/or interest for late payment and/or compensation of any kind to be paid by ARENA. 

When the delivery is made in accordance with an incoterm placing the cost of transport at the expense of the Client, the transfer of risk occurs as soon as the Equipment is handed over to the carrier designated by the Client. From this moment on, ARENA is exempt from all liability, including in the event of loss, theft, damage or damage occurring during transport. It is the sole responsibility of the Client to formulate any reservations in the presence of the driver on the delivery note duly dated and signed, with written confirmation to the carrier within three (3) days, not including public holidays, from delivery. Any action or claim relating to carriage shall be brought exclusively against the carrier.

Where delivery is made under an incoterm at the expense of ARENA, any delivery rates communicated by ARENA, if any, are indicative and subject to change at any time prior to delivery, at its sole discretion. In this case, ARENA remains responsible for the transport to the agreed delivery point. However, in the event of damage or anomaly found upon receipt, it is the Client's responsibility, under penalty of foreclosure of the claim against ARENA, to:

•Issue any reservations in the presence of the driver on the delivery note, duly dated and signed;

•Confirm these reservations in writing to the carrier within three (3) days (excluding public holidays) of delivery;

•Notify ARENA by notified mail within five (5) days of receipt of the Material.

In the absence of compliance with these formalities and deadlines, no claim may be raised against ARENA. ARENA may not be held liable under any circumstances for damage resulting from a failure on the part of the carrier, unless ARENA is at fault in the organisation of transport.

8.2 Installation

At the Client's request, and at the price agreed between the Parties, ARENA may proceed with the assembly and installation of the Equipment and accessories, at the Client's premises, and will carry out a first test, depending on the configuration, on the Equipment, in the presence of the Client in order to verify the condition of the Equipment, accessories and its operation. 

At the end of this test, the Parties will sign a document of contradictory acceptance and compliant operation. 

In any event, at the end of this test, and in the absence of an adversarial state, the Equipment is deemed to be compliant, in good working order and equipped with the accessories necessary for its operation.

ARTICLE 9 – CUSTOMS CLEARANCE AND CUSTOMS DOCUMENTS

In the event that customs operations have to be carried out in the context of the sale transaction, each party assumes its responsibility for the customs formalities resulting in particular from the Incoterm chosen for the sale. 

Customs Compliance

The party responsible for or carrying out export and/or import formalities shall provide the other party, on first request, with all the necessary customs documents, required by customs or tax authorities, to justify the flow of goods. 

These documents include, but are not limited to, customs declarations, certificates of origin, commercial invoices, packing lists, and any other documents required by the customs authorities of the country of origin or destination.

The above documents must be authentic, complete and comply with the laws and regulations in force, both in the country of export and in the country of import.

Each party undertakes to inform the other without delay of any changes in the customs regulations brought to its attention that may affect the export or import of the goods and to take all necessary measures to maintain the compliance of the goods with these regulations.

In the event of customs clearance of goods benefiting from a preferential regime concluded or granted by the European Union, ARENA guarantees that it has taken all due care within the meaning of the customs regulations to ensure that all the conditions for the treatment of the preferential regime have been complied with. 

Indemnisation

The Client agrees to indemnify ARENA for all losses, fines, penalties, legal and administrative costs, or other costs for which it is incurred, and resulting directly or indirectly from the Client's failure to comply with customs or regulatory obligations.

This compensation includes, without limitation, costs associated with the release of Products detained by customs, additional storage costs, and losses arising from delays in the delivery of goods.

Cooperation clause in the event of customs inspection

Obligation to Cooperation: In the event of a customs inspection, the parties undertake to cooperate fully with the customs authorities. This cooperation involves the prompt and complete provision of all necessary documents and information, assistance during inspections and the diligent response to requests from customs authorities.

Immediate Notification: In the event of a customs audit or request for additional information by the customs or tax authorities, the party concerned undertakes to notify the other party immediately. Such written notification shall include all relevant details concerning the request or control of the customs or tax authorities, as well as the measures taken or to be taken by either party in response to that request.

The Client also undertakes to inform ARENA of any risk of delay, confiscation or other customs complications that may arise during the importation of the goods.

Taxes and import liability 

With a view to customs clearance in the country of destination, the Client is exclusively authorised to organise, carry out and assume responsibility for it, including the payment of duties, taxes, duties and other formalities, the obtaining of the necessary permits, licences, approvals or authorisations for their importation.

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ARTICLE 10 - INTELLECTUAL PROPERTY – CONFIDENTIALITY 

The Client does not benefit from any right to use the trademarks, logos, visuals or any other intellectual property rights appearing on the Material.  

All drawings, models, models, plates, photographic or typographic compositions, and more generally any documents or information concerning the Material or entering into its design remain the exclusive property of ARENA and may not be reproduced, copied or communicated to third parties without the prior consent of the latter. 

The Client undertakes not to disclose any commercial information or technical document belonging to ARENA, nor know-how, nor formula, nor trade secret, whether it becomes aware of it during the course of the contract, inadvertently or through other sources. Otherwise, ARENA will be entitled to damages for all losses incurred. It is expressly agreed that the term "Trade Secret" means any information, including, but not limited to, formulas, practices, processes, designs, plans, models, specifications, programs, techniques, improvements, inventions (whether patentable or not), data, customer lists, projects, financial reports,  strategies and other information not publicly disclosed, which has commercial value because it is secret. The Customer acknowledges and agrees that ARENA is not obligated to provide the manufacturing drawings of the Hardware, spare parts or the exploded views of the CAD design.

ARTICLE 11 - RETENTION OF TITLE 

The transfer of ownership of the Equipment is subject to full payment of the price, including fees and taxes, by the Customer to ARENA. Notwithstanding the retention of title clause, the Client bears all risks that the Equipment may bear or cause upon delivery of the Equipment. 

In the event of non-payment by the Client on the due date, ARENA may, without losing any of its other rights, demand the return of the Equipment at the Client's expense and risk. 

ARTICLE 12 - WARRANTY 

12.1 Contractual Guarantee

The Equipment is guaranteed for a period of twelve (12) months against any functional defect, from the date of its delivery (or installation if it was operated by ARENA) (hereinafter the "Warranty") within the limits provided for in Article 12.3 hereof.

It is agreed between the Parties that the accessories of the Equipment are excluded from the warranty, the accessories being understood as spare parts, consumables and wear parts of the Equipment.

In order to implement the Warranty, the Customer undertakes to report to ARENA any case of breakdown, defect or non-conformity of the Equipment, as soon as it is observed or suspected, by any means at its convenience, preferably by email and/or telephone contact. The User must stop using any defective Equipment, and shall refrain from repairing it or having it repaired. Failure to comply with at least one of these obligations may call into question the right to repair or replacement of the Equipment as described below.

As soon as ARENA becomes aware of such a case, it may carry out a preliminary diagnosis, based on the symptoms that are most accurately reported by the Client. This pre-diagnosis can make it possible to characterize a certain case of failure and, if necessary, to determine its nature and imputability. ARENA may also decide to intervene at the Customer's premises in order to diagnose the breakdown.  If the defect is established under the Warranty, ARENA will be given eight (8) weeks to decide, in its sole discretion, to repair or replace the defective Hardware.

12.2 Assurance of Compliance

ARENA guarantees the compliance of the Equipment with the French and European regulations in force on the day of the Order. ARENA will provide all technical documentation, quality management system, and other documents useful for the evaluation of the conformity of the Equipment. Before the Importer imports the Equipment by the Client, the Client must ensure that the Hardware and the documentation comply with the applicable national requirements in order to avoid harmful consequences, which cannot be the responsibility of ARENA. If the Hardware or documentation must be brought into compliance upon importation, ARENA will provide the necessary assistance for such compliance, and will be the only one authorized to intervene, at the Client's expense, on a compliance affecting the Equipment.

12.3 Disclaimer of Warranty

The Warranty offered by ARENA is excluded for incidents related to force majeure, as well as in the following cases:

-Damage or accidents resulting from the Client's negligence;

-A lack of supervision or an act attributable to the Client or a third party;

-Maintenance not approved by ARENA or improper implemented by the Customer;

-Failure to comply with the instructions, prescriptions and recommendations for the conservation, inspection and maintenance of equipment made by ARENA. It should be noted that ARENA's standards and requirements are generally included in the technical documentation provided by the latter, or communicated on first request;

-Failure to comply with applicable safety and environmental regulations;

-Failure to comply with the conditions for the implementation of the Warranty described above. 

-Customer's abnormal or improper use of the Equipment;

-Wear parts of the Equipment;

-Defects due to defective storage (unenclosed place, humid environment, corrosive atmosphere, etc.) or improper location or not in accordance with the instructions provided by ARENA in the user manual;

-Defects resulting from the technical choices imposed by the Client;

-The intervention of the Client or a third party on the Equipment: assembly or installation not in accordance with the rules of the art, modification, repair, addition of spare parts that are not original or redone without the express prior consent of ARENA;

-Non-payment by the Client of the price; and

-More generally, cases of default resulting from a fault of the Client.

In the event of replacement or repair of equipment falling within the scope of the Warranty exclusion, the Equipment will be repaired or replaced by ARENA, at the Customer's sole expense. (Replacement costs, return of defective Equipment, transportation costs, including taxes, and repair costs.)

12.4 Out-of-Warranty Services

At the end of the Warranty period, or for services that do not fall within the scope of the Warranty, any intervention for breakdown or defect will be subject to an additional service for a fee. The costs of these services, including travel expenses, spare parts and labour, will be communicated to the Client prior to any intervention.

Out-of-warranty or post-warranty interventions may include technical assistance, preventive or corrective maintenance, and, if necessary, repairs. Any request for intervention must be made by the Client in accordance with the terms and conditions specified by ARENA.

ARTICLE 13 - PERSONAL DATA

In the context of the performance of this contract, the parties may be required to process personal data (as defined by Regulation (EU) 2016/679 of 27 April 2016, known as the "GDPR").

Each of the parties undertakes to comply with the applicable legislation on the protection of personal data and to take all necessary measures to guarantee the security and confidentiality of the personal data processed.

The data collected within the framework of this contract is only used for the management of the commercial relationship. This data will be kept for the duration of the contract and for as long as necessary to comply with legal or regulatory obligations.

Data subjects have the rights of access, rectification, limitation, opposition and erasure of their personal data, which they can exercise by contacting: contact@arenablast.com

ARTICLE 14 – FORCE MAJEURE 

In the event of the occurrence of a situation of force majeure, the parties cannot be held liable in the event of non-performance or delayed performance of at least one of their respective obligations. The following are considered to be cases of force majeure or fortuitous events, events beyond the control of the parties (events that they could not have been required to foresee, avoid or overcome, in particular: fire, flood, war, riots, epidemics and pandemics, roadblocks, production stoppages due to fortuitous breakdowns, the impossibility of being supplied with raw materials, etc.).  total or partial strikes (in particular energy suppliers, transporters, etc.), government decisions, restrictions on market access, embargoes, severe bad weather, etc. In such circumstances, the party who becomes aware of the situation of force majeure must notify the other party by e-mail, within 24 (twenty-four) hours of the occurrence of the events, of the impossibility of performing its obligations. Therefore, the respective obligations are suspended for a period of 30 (thirty) days without this inducing the payment of damages. If the event lasts more than 30 (thirty) days from the date of its occurrence, the sales contract may be terminated by the most diligent party. This termination will take effect on the date of first presentation of the registered letter with acknowledgement of receipt denouncing the said sales contract.

ARTICLE 15 - CLAUSE DE HARDSHIP

The parties agree that "hardship" means any unforeseeable situation beyond the control of the Parties, occurring after the conclusion of the contract, which makes the performance of contractual obligations excessively onerous for one of the parties. This may include, but is not limited to, significant changes in economic conditions, currency fluctuations, legislative or regulatory changes, natural disasters, armed conflicts, strikes or embargoes.

The party affected by a hardship situation must notify the other party in writing as soon as possible after the occurrence of the event, providing details of the nature of the hardship, its impact on the performance of the contract and the proposed measures to remedy it.

Upon receipt of the notification, the parties undertake to meet within fifteen (15) days to discuss the situation and try to find an amicable solution. The parties may agree to change the terms of the contract, temporarily suspend performance of obligations, or take any other appropriate action to mitigate the effects of the hardship.

If the parties do not reach an amicable agreement within sixty (60) days of notification, they agree to submit the dispute to mediation in accordance with the rules of the Paris WCPA before initiating any judicial or arbitral proceedings.

If mediation fails, and if the hardship persists making performance of the contract impossible or unreasonably onerous, either party may request the termination of the contract. Termination will take effect upon receipt of the termination request by the other party, unless otherwise agreed between the parties.

In the event of termination of the contract for hardship, the parties undertake to return the services already received as far as possible and to settle accounts between themselves in good faith for the services partially performed.

ARTICLE 16 – APPLICABLE LAW – DISPUTES

These T&Cs are subject to French law. The parties expressly agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to these GTC. 

In the event of disputes arising in connection with the performance of these Terms and Conditions concerning the validity, performance or interpretation of the contract, the Parties agree to meet within 15 (fifteen) days of the dispute arising in an attempt to reach an amicable settlement. 

In the event of failure to reach an amicable settlement, any dispute relating to the application of these General Terms and Conditions of Sale and/or arising from any sale concluded between ARENA and the Client shall be submitted to the competent courts of the place where ARENA's registered office is located, even in the event of multiple defendants or third party claims.

The General Terms and Conditions of Sale are written in French and English. Only the French language version prevails in the event of contradiction or necessary interpretation. 

These general terms and conditions of sale (hereinafter the "General Terms and Conditions") apply to any purchase made by a natural person (hereinafter the "CUSTOMER") on the Website https://arenablast.com/en/ (hereinafter the "SITE") with ARENA, SAS registered with the Trade and Companies Register under number 317555951, having its registered office at 33 Rue Denis du Péage, 59520 Marquette lez Lille, France Tel: 0320310257, email: contact@arenablast.com (hereinafter the "SELLER").

IMPORTANT

Any order placed on the Site necessarily implies the CLIENT's unreserved acceptance of these general terms and conditions

ARTICLE 1. DEFINITIONS

The terms used below have the following meanings in these General Terms and Conditions:

• "CLIENT" : refers to the SELLER's co-contractor, who guarantees that he or she is a consumer as defined by French law and case law. As such, it is expressly provided that the CLIENT acts outside of any usual or commercial activity.
• "DELIVERY" : refers to the first presentation of the PRODUCTS ordered by the CLIENT at the delivery address indicated at the time of the order.
• "PRODUCTS" : refers to all the products available on the SITE.
• "TERRITORY" : refers to Metropolitan France (excluding the French Overseas Departments and Territories).

ARTICLE 2. OBJECT

These General Terms and Conditions govern the sale by the SELLER to its CUSTOMERS of the PRODUCTS.

The CLIENT is clearly informed and acknowledges that the SITE is intended for consumers and that professionals must contact the SELLER's sales department in order to benefit from separate contractual conditions

ARTICLE 3. ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS

The CUSTOMER undertakes to carefully read these General Terms and Conditions and accept them before proceeding with the payment of an order for PRODUCTS placed on the SITE.

These General Terms and Conditions are referenced at the bottom of each page of the SITE by means of a link and must be consulted before placing the order. The CLIENT is invited to carefully read, download, print the General Terms and Conditions and to keep a copy of them.

The SELLER advises the CUSTOMER to read the General Terms and Conditions for each new order, the latest version of the said Terms and Conditions applying to any new order of PRODUCTS.

By clicking on the first button to place the order and then on the second button to confirm the said order, the CUSTOMER acknowledges that he has read, understood and accepted the General Terms and Conditions without limitation or condition.

ARTICLE 4. PURCHASE OF PRODUCTS ON THE SITE

To be able to purchase a PRODUCT, the CUSTOMER must be at least 18 years old and have the legal capacity or, if they are a minor, be able to justify the agreement of their legal representatives.

The CLIENT will be asked to provide information that can be used to identify him or her by completing the form available on the WEBSITE. The sign (*) indicates the mandatory fields that must be filled in for the CUSTOMER's order to be processed by the SELLER. The CUSTOMER can check the status of his order on the SITE. DELIVERIES can, where applicable, be tracked using the online tracking tools of some carriers. The CUSTOMER may also contact the SELLER's sales department at any time by e-mail, at the address boite@arenablast.com, to obtain information on the status of their order.

The information that the CUSTOMER provides to the SELLER when placing an order must be complete, accurate and up-to-date. The SELLER reserves the right to ask the CLIENT to confirm, by any appropriate means, its identity, eligibility and the information provided.

ARTICLE 5. COMMANDS

Article 5.1 Product Characteristics

The SELLER undertakes to present the essential characteristics of the PRODUCTS (on the information sheets available on the WEBSITE) and the mandatory information that the CLIENT must receive under applicable law.

The CUSTOMER undertakes to read this information carefully before placing an order on the SITE.

Unless expressly stated otherwise on the SITE, all PRODUCTS sold by the SELLER are new and comply with the European legislation in force and the standards applicable in France.

The Seller reserves the right to supply up to 10% more or less of the Goods ordered, including abrasives, and to adjust the corresponding invoice accordingly

Article 5.2. Order Procedure

Orders for PRODUCTS are placed directly on the SITE. To place an order, the CUSTOMER must follow the steps outlined below (please note, however, that depending on the CUSTOMER's start page, the steps may differ slightly).

5.2.1. PRODUCT SELECTION and purchase options

The CUSTOMER must select the PRODUCT(s) of their choice by clicking on the PRODUCT(s) concerned and choosing the desired characteristics and quantities. Once the PRODUCT has been selected, the PRODUCT is placed in the CUSTOMER's shopping cart. The latter can then add as many PRODUCTS as he wants to his cart.

5.2.2. Commands

Once the PRODUCTS have been selected and placed in their shopping cart, the CUSTOMER must click on the shopping cart and check that the content of their order is correct.

If the CLIENT has not yet done so, he will then be asked to identify himself or register.

Once the CUSTOMER has validated the contents of the basket and has identified/registered, an online form will be displayed to him/her, automatically completed and summarizing the price, applicable taxes and, where applicable, delivery costs.

The CUSTOMER is invited to check the content of their order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the means of payment and the price) before validating its content.

The CLIENT may then proceed to pay for the PRODUCTS by following the instructions on the SITE and provide all the information necessary for the invoicing and DELIVERY of the PRODUCTS.

For PRODUCTS for which options are available, these specific references appear when the right options have been selected.

Orders placed must include all the information necessary for the proper processing of the order.

The CUSTOMER must also select the chosen delivery method.

5.2.3. Acknowledgement of receipt

Once all the steps described above have been completed, a page appears on the SITE to acknowledge receipt of the CLIENT's order. A copy of the acknowledgement of receipt of the order is automatically sent to the CLIENT by e-mail, provided that the e-mail address provided through the registration form is correct.

The SELLER does not send any order confirmation by post or fax.

5.2.4. Invoicing

During the order process, the CLIENT must enter the information necessary for invoicing (the sign (*) will indicate the mandatory fields that must be filled in for the CLIENT's order to be processed by the SELLER).

In particular, the CUSTOMER must clearly indicate all the information relating to the DELIVERY, in particular the exact DELIVERY address, as well as any access code to the DELIVERY address.

The CLIENT must also specify the means of payment chosen.

Neither the order form that the CLIENT draws up online, nor the acknowledgement of receipt of the order that the SELLER sends to the CLIENT by e-mail constitute an invoice.

Regardless of the method of order or payment used, the invoice will be available in the customer area on the SITE.

5.3. Date of the order

The date of the order is the date on which the SELLER acknowledges receipt of the order online. The deadlines indicated on the WEBSITE do not begin to run until this date.

5.4. Price

For all PRODUCTS, the CUSTOMER will find on the SITE prices displayed in euros excluding taxes, as well as the applicable delivery costs (depending on the weight of the package, excluding packaging and gifts, the DELIVERY address and the carrier or mode of transport chosen).

Amounts payable include Value Added Tax (VAT) at the rate in effect on the date of order. Any change in the applicable rate may impact the price of the PRODUCTS from the date of entry into force of the new rate.

The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold.

The prices of the SELLER's suppliers are subject to change. As a result, the prices indicated on the SITE may change. They can also be changed in case of special offers or sales.

The prices shown are valid, unless there is a gross error. The applicable price is the one indicated on the SITE on the date on which the order is placed by the CLIENT.

5.5. PRODUCT AVAILABILITY

The professional undertakes to deliver the PRODUCT on the date or within the period indicated to the CLIENT, unless the parties have agreed otherwise.

The unavailability of a PRODUCT is in principle indicated on the page of the respective PRODUCT. CUSTOMERS may also be informed of the restocking of a PRODUCT by the SELLER.

In any event, if the unavailability has not been indicated at the time of the order, the SELLER undertakes to inform the CLIENT without delay if the PRODUCT is unavailable.

In the event that a PRODUCT is unavailable, the SELLER may, and if the parties agree, offer an alternative PRODUCT of equivalent quality and price, accepted by the CLIENT.

If the CUSTOMER decides to cancel his order for unavailable PRODUCTS, he will obtain a refund of all sums paid for the unavailable PRODUCTS at the latest within thirty (30) days of payment.

ARTICLE 6. RIGHT OF WITHDRAWAL

The terms of the right of withdrawal are set out in the "Withdrawal Policy", which is available in Appendix 1 of these general terms and conditions of sale and accessible at the bottom of each page of the SITE via a hypertext link.

ARTICLE 7. PAYMENT

7.1. Payment methods

The CUSTOMER can pay for his PRODUCTS online on the SITE according to the means proposed by the SELLER.

The CLIENT guarantees to the SELLER that it has all the required authorisations to use the chosen payment method.

The SELLER will take all necessary measures to guarantee the security and confidentiality of the data transmitted online as part of the online payment on the SITE.

It is therefore specified that all payment information provided on the SITE is transmitted to the SITE's bank and is not processed on the SITE.

7.2. Payment Date

In the event of a one-time payment by credit card, the CLIENT's account will be debited as soon as the order for PRODUCTS is placed on the SITE.

In the event of a partial DELIVERY, the full amount will be debited from the CLIENT's account at the earliest when the first package is shipped. If the CUSTOMER decides to cancel his order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of Article 5.5 of these General Terms and Conditions.

7.3. Late or refused payment

If the bank refuses to debit a card or other means of payment, the CUSTOMER must contact the SELLER's Customer Service in order to pay for the order by any other valid means of payment.

In the event that, for any reason whatsoever, opposition, refusal or otherwise, the transmission of the flow of money due by the CLIENT proves impossible, the order will be cancelled and the sale automatically terminated.

ARTICLE 8. PROOF AND ARCHIVING

Any contract concluded with the CLIENT corresponding to an order for an amount greater than 120 euros including VAT will be archived by the SELLER for a period of ten (10) years in accordance with Article L. 213-1 of the Consumer Code.

The SELLER agrees to archive this information in order to ensure a follow-up of transactions and to produce a copy of the contract at the request of the CLIENT.

In the event of a dispute, the SELLER will have the opportunity to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.

ARTICLE 9. TRANSFER OF OWNERSHIP

The SELLER remains the owner of the PRODUCTS delivered until they have been fully paid for by the CLIENT.

The above provisions do not prevent the transfer to the CLIENT, at the time of receipt by him, or by a third party designated by him other than the carrier, of the risks of loss or damage to the PRODUCTS subject to the retention of title, as well as the risks of damage that they may cause.

ARTICLE 10. DELIVERY

The terms and conditions for the DELIVERY of PRODUCTS are set out in the "delivery policy" accessible at the bottom of each page of the SITE via a hypertext link.

ARTICLE 11. PACKAGING

The PRODUCTS will be packaged in accordance with the current transport regulations, in order to guarantee maximum protection for the PRODUCTS during DELIVERY. CUSTOMERS undertake to comply with the same standards when returning PRODUCTS under the conditions set out in Appendix 1 – Withdrawal Policy.

ARTICLE 12. GUARANTEES

Apart from the commercial guarantees that the SELLER may offer for certain PRODUCTS, all Customers benefit from "legal" guarantees, for all PRODUCTS, which are detailed below, in accordance with Article L.111-1 of the Consumer Code

ARTICLE 13. RESPONSIBILITY

The SELLER may not be held liable under any circumstances in the event of non-performance or poor performance of contractual obligations attributable to the CLIENT, in particular when entering his order.

The SELLER may not be held responsible, or considered to have failed to comply with these Terms and Conditions, for any delay or non-performance, when the cause of the delay or non-performance is related to a case of force majeure as defined by the case law of the French courts and tribunals.

It is also specified that the SELLER does not control the websites that are directly or indirectly linked to the SITE. Consequently, it excludes any liability for the information published therein. Links to third-party websites are provided for information purposes only and no guarantee is provided as to their content.

ARTICLE 14. FORCE MAJEURE

The SELLER cannot be held liable if the non-performance or delay in the performance of one of its obligations described in these T&Cs results from a case of force majeure.

Force majeure exists in contractual matters when an event beyond the control of the debtor, which could not reasonably have been foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents the debtor from performing its obligation.

If the impediment is temporary, the performance of the obligation is suspended unless the resulting delay justifies the termination of the contract. If the impediment is definitive, the contract is terminated by operation of law and the parties are released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the Civil Code.

As such, the SELLER cannot be held liable, in particular in the event of an attack by hackers, the unavailability of equipment, supplies, spare parts, personal or other equipment, the interruption of electronic communications networks, as well as in the event of the occurrence of any circumstance or event beyond the SELLER's control occurring after the conclusion of the T&Cs and preventing the execution under normal conditions.

It is specified that, in such a situation, the CLIENT cannot claim the payment of any compensation and cannot take any action against the SELLER.

In the event of the occurrence of any of the above-mentioned events, the SELLER will endeavour to inform the CLIENT as soon as possible.

ARTICLE 15. PERSONAL DATA

The SELLER collects personal data about its CUSTOMERS on the SITE, including through cookies. CUSTOMERS can disable cookies by following the instructions provided by their browser.

The data collected by the SELLER is used to process orders placed on the WEBSITE, manage the CLIENT's account, analyse orders and, if the CLIENT has expressly chosen this option, send the CLIENT commercial prospecting letters, newsletters, promotional offers and/or information on special sales, unless the CLIENT no longer wishes to receive such communications from the SELLER.

The CLIENT's data is kept confidential by the SELLER for the purposes of the contract, its execution and in compliance with the law.

CUSTOMERS may unsubscribe at any time by accessing their account or by clicking on the hyperlink provided for this purpose at the bottom of each offer received by e-mail.

The data may be communicated, in whole or in part, to the SELLER's service providers involved in the order process. For commercial purposes, the SELLER may transfer to its business partners the names and contact details of its CUSTOMERS, provided that the latter have expressly given their prior consent when registering on the SITE.

The SELLER will specifically ask the CUSTOMERS if they wish their personal data to be disclosed. CUSTOMERS may change their mind at any time by contacting the SELLER. The SELLER may also ask its CUSTOMERS if they wish to receive commercial solicitations from its partners.

In accordance with Law No. 78-17 of 6 January 1978 on information technology, files and civil liberties and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation known as GDPR), the SELLER ensures the implementation of the rights of the data subjects.

It is recalled that the CLIENT whose personal data is processed has the right to access, rectify, update, portability and delete information concerning him/her, in accordance with the provisions of Articles 39 and 40 of the amended Data Protection Act, and the provisions of Articles 15, 16 and 17 of the European General Data Protection Regulation (GDPR).

In accordance with the provisions of Article 38 of the amended Data Protection Act and the provisions of Article 21 of the GDPR, the CUSTOMER may also, for legitimate reasons, object to the processing of data concerning him/her, without reason and free of charge.

The CLIENT may exercise these rights by sending an e-mail to the address: boite@arenablast.com or by sending a letter to 33 Rue Denis du Péage, 59520 Marquette lez Lille, France.

It is specified that the CLIENT must be able to prove his identity, either by scanning an identity document, or by sending the SELLER a photocopy of his identity document.

ARTICLE 16. CLAIMS

The SELLER provides the CUSTOMER with a "Customer Telephone Service" at the following number: 0320310257 (non-surcharged number). Any written complaint from the CLIENT must be sent to the following address: 33 Rue Denis du Péage, 59520 Marquette lez Lille, France.

ARTICLE 17. INTELLECTUAL PROPERTY

All visual and sound elements of the SITE, including the underlying technology used, are protected by copyright, trademark and/or patent law.

These elements are the exclusive property of the SELLER. Any person who publishes a website and wishes to create a direct hypertext link to the SITE must request the SELLER's permission in writing.

This authorization of the SELLER will not be granted under any circumstances definitively. This link must be removed at the request of the SELLER. Hypertext links to the SITE that use techniques such as framing or in-line linking are strictly prohibited.

Any representation or reproduction, in whole or in part, of the SITE and its content, by any means whatsoever, without the prior express authorization of the SELLER, is prohibited and will constitute an infringement punishable by articles L.335-2 et seq. and articles L.713-1 et seq. of the Intellectual Property Code.

Acceptance of these T&Cs constitutes recognition by the CLIENT of the SELLER's intellectual property rights and a commitment to respect them.

ARTICLE 18. VALIDITY OF THE TERMS AND CONDITIONS

Any change in applicable law or regulation, or any decision of a court of competent jurisdiction invalidating one or more clauses of these Terms and Conditions shall not affect the validity of these Terms and Conditions. Such a modification or decision does not in any way authorise the CLIENTS to disregard these General Terms and Conditions.

Any terms and conditions not expressly addressed herein shall be governed in accordance with the usage of the retail sector, for companies whose registered office is located in France.

Article 19. MODIFICATION OF THE GENERAL TERMS AND CONDITIONS

These Terms and Conditions apply to all purchases made online on the SITE, as long as the SITE is available online.

The General Terms and Conditions are precisely dated and may be modified and updated by the SELLER at any time. The General Terms and Conditions applicable are those in force at the time of the order.

Changes to the Terms and Conditions will not apply to PRODUCTS already purchased.

Article 20. JURISDICTION AND APPLICABLE LAW

THESE GENERAL TERMS AND CONDITIONS AS WELL AS THE RELATIONSHIP BETWEEN THE CUSTOMER AND THE SELLER ARE GOVERNED BY FRENCH LAW

IN THE EVENT OF A DISPUTE, ONLY THE FRENCH COURTS WILL HAVE JURISDICTION.

However, prior to any appeal to the arbitral or state judge, the Client is invited to contact the SELLER's complaints department.

If no agreement is reached or if the CLIENT justifies having previously tried to resolve its dispute directly with the SELLER by means of a written complaint, then an optional mediation procedure, conducted in a spirit of loyalty and good faith, will be offered with a view to reaching an amicable agreement when any dispute relating to this contract arises, including its validity.

To initiate this mediation, the CLIENT can contact the SELLER's mediator: Géry Marlier, whose contact details are: 0320310257 and who can be contacted via this link: boite@arenablast.com.

The party wishing to implement the mediation process must inform the other party in advance by registered letter with acknowledgement of receipt, indicating the elements of the dispute

As mediation is not mandatory, the CLIENT or the SELLER may withdraw from the process at any time

IN THE EVENT THAT MEDIATION FAILS OR IS NOT ENVISAGED, THE DISPUTE THAT MAY HAVE GIVEN RISE TO MEDIATION WILL BE ENTRUSTED TO THE COMPETENT COURT DESIGNATED ABOVE.

Principle of withdrawal

The CUSTOMER has the right to withdraw by returning or returning the PRODUCT to the SELLER.

To do so, the PRODUCT must be returned or returned without undue delay, and at the latest within fourteen (14) days of the communication of its decision to withdraw, unless the SELLER offers to collect the PRODUCT itself.

Withdrawal period

In accordance with Article L.221-18 of the French Consumer Code, the withdrawal period expires fourteen (14) days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, takes physical possession of the PRODUCT.

In the event that the CUSTOMER has ordered several PRODUCTS via a single order giving rise to several DELIVERIES (or in the case of an order for a single PRODUCT delivered in several batches), the withdrawal period will expire fourteen (14) days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the last PRODUCT delivered.

If the CLIENT's order relates to several PRODUCTS and if these PRODUCTS are delivered separately, the withdrawal period expires fourteen (14) days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, takes physical possession of the last PRODUCT.

Notification of the right of withdrawal

To exercise their right of withdrawal and in accordance with Article L.221-21 of the French Consumer Code, the CUSTOMER must notify their decision to withdraw by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail) to: 33 Rue Denis du Péage, 59520 Marquette lez Lille, France, or@arenablast.com.

They can also use the form below:

In order for the withdrawal period to be respected, the CLIENT must send its communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.

Effects of withdrawal

In the event of withdrawal on the part of the CLIENT, the SELLER undertakes to reimburse all sums paid, including delivery costs (with the exception of additional costs deriving, if applicable, from the CLIENT's choice of a delivery method other than the standard delivery method offered by the SELLER) without undue delay and, in any event, no later than fourteen (14) days from the day on which the SELLER receives the returned PRODUCT.

(Article L.221-24 of the Consumer Code).

The SELLER will proceed with the refund using the same means of payment as the one that the CLIENT used for the initial transaction, unless the CLIENT expressly agrees to a different method, in any case, this refund will not incur any costs for the CLIENT.

The SELLER is not obliged to reimburse the additional costs if the CUSTOMER has expressly chosen a more expensive delivery method than the standard delivery method offered by the SELLER.

The SELLER may defer the refund until receipt of the goods or until the CLIENT has provided proof of shipment of the goods, the date retained being that of the first of these facts.

Return procedures

The CLIENT must, without undue delay and, in any event, no later than fourteen (14) days after communication of its decision to withdraw from this contract, return the goods to: 33 Rue Denis du Péage, 59520 Marquette lez Lille, France.

This period is deemed to have been met if the CLIENT returns the property before the expiry of the fourteen (14) day period.

Return shipping

The CLIENT must bear the direct costs of returning the goods.

In the event that the weight of the PRODUCT prevents the CLIENT from returning this PRODUCT by post, the CLIENT must bear the direct costs of returning the goods.

Condition of the returned property

The PRODUCT must be returned according to the SELLER's instructions and include all the accessories delivered.

The CLIENT is only liable for the depreciation of the property resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this PRODUCT. In other words, the CUSTOMER has the opportunity to test the PRODUCT but may be held liable if it carries out manipulations other than those that are necessary.

Exclusions from the right of withdrawal

The right of withdrawal is excluded in the following cases:

• - Provision of goods or services whose price depends on fluctuations in the financial market
• - Supply of goods made to the CLIENT's specifications or clearly customised
• - Supply of goods that are likely to deteriorate or expire quickly
• - Provision of sealed audio or video recordings or software that have been unsealed after delivery
• - Newspaper, periodical, magazine (except subscription contract)
• - Provision of accommodation services other than for residential purposes, transport of goods, car rental, catering or services related to leisure activities if the offer provides for a specific date or period of performance
• - Supply of goods that by their nature are inextricably mixed with other items
• - Supplies of sealed goods that cannot be returned for health protection or hygiene reasons and that have been unsealed by the CUSTOMER after DELIVERY
• - the supply of alcoholic beverages the price of which was agreed at the time of the conclusion of the contract of sale, the delivery of which can only be made after 30 days and the actual value of which depends on fluctuations in the market beyond the control of the SELLER
• - Supply of digital content that is not provided dematerialised if the performance has started with the express prior consent of the consumer, who has also acknowledged that he will thereby lose his right of withdrawal
• - contracts concluded at a public auction

Secure payment

Our secure payment offer

We accept payments

• by credit card via the Crédit Agricole e-transactions website (CB, Visa, Mastercard)
• by debiting your PayPal account
• by bank transfer (your order will be validated after payment has been made)
• by cheque (your order will be validated after payment has been made)

We refuse payments

• by Visa Electron, Maestro
• all other payment methods not listed above

Explanations on payment by credit card

In order to secure the transactions carried out on our site, we trust "e-transactions-Crédit agricole", which certifies that your transactions remain private and protected.
During the transaction, you are automatically connected to a secure server, which automatically processes your credit card information. At no time do we have access to your information, which remains confidential. "e-transactions-Crédit agricole" only uses this information to complete your transaction. They are not kept afterwards.

Debit your credit card Payment is handed over to the bank on the day of your order.

Security of your transaction When you are redirected to the secure "e-transactions-Crédit Agricole" site, you will see two pieces of information certifying the encryption and confidentiality of your transaction:

• https: in your browser's address bar
• a padlock at the bottom right of your internet browser,

Transporting your package

Parcels are, with some exceptions, shipped as soon as we receive your payment. Different modes of transport are offered depending on the type of product and weight, the delivery time varies from 24 hours to a few days depending on the carrier chosen,

If you would like a different mode of transport than those offered, please contact us.

Automatically calculated shipping costs include packaging, handling, and freight charges. They can contain a fixed part and a variable part depending on the weight of your order. We advise you to group your purchases into a single order. We cannot combine two separate orders and you will have to pay the shipping costs for each of them.
Particular care is taken with the package containing fragile products.

It is your responsibility to check the good condition of the package upon delivery and to indicate any reservations (remarks) on the carrier's slip, or even to refuse the package if justified.

In the event that you have accepted your package after expressing reservations during delivery; you have 48 hours, from delivery, to make claims by registered letter to the carrier and to ARENA.

In any case, you can contact us:
- Tel: 03 20 31 02 57
-email: contact@arenablast.com