Condizioni generali di vendita
General conditions of use and sale applicable to Purchasers
ARTICLE 1. Subject
The REOAKED platform (the ‘Site’) is designed to bring together professional purchasers (the ‘Purchasers’) who have previously registered on the website www.reoaked.com and professional sellers (the ‘Owner Transferor’), also registered on the website www.reoaked.com in order to allow the Purchasers to purchase, via the Site, new or used products offered for sale by the Owner Transferors on the website www.reoaked.com (the ‘Products’).
The company REOAKED is involved in the sale process in that it will purchase from the Owner Transferors the Products chosen by the Purchasers in order to deliver and resell them to the Purchasers according to the terms and conditions herein.
The present General Terms and Conditions of Use and Sale (the ‘GCUS’) define, in the first section, the conditions under which the Site makes available to Purchasers the technological tools which enable them to acquire, via the Site, the Products offered for sale on the Site (the ‘GTCU’), and in the second section, the purchase and sale obligations between the Purchaser and company REOAKED (the ‘GTCS’).
ARTICLE 2. Scope of Application
The present GCUS apply, without restriction or reserve, to the use of the services and technological tools made available to Purchasers by the Site.
These tools allow Purchasers to register on the Site, order Products, pay for them, confirm receipt and communicate with the company REOAKED as required.
Sales made through the Site are concluded directly between the Purchaser and the company REOAKED.
These GCUS are available at any time on the website www.reoaked.com and will prevail, if necessary, over any other version or any other contradictory document. They may be subject to subsequent amendments.
The version of the GCUS applicable to the Purchaser's purchase is the one in force on the Site at the date the order is placed.
Amendments to the GCUS cannot be applied to transactions which have been concluded previously.
ARTICLE 3. Disputes
All disputes relating to the interpretation and/or execution of the present GCUS and sales will be governed and interpreted exclusively according to French law. The provisions of the Vienna Convention on the International Sale of Goods shall not apply.
The competent court shall be the Tribunal de Commerce de Saintes. As regards translations, the French version shall prevail.
SECTION 1 GENERAL TERMS AND CONDITIONS OF USE applicable to Purchasers
ARTICLE 4. Services provided by the Site
Access to the Site is strictly reserved for professional Purchasers, which the Purchaser declares and acknowledges when using the services of the Site, and undertakes, moreover, to carry out in good faith for all purchasing operations concluded with the company REOAKED via the Site.
To use the services of the Site, the Purchaser must accept the present GCUS and register on the website www.reoaked.com.
Strictly confidential and personal login details and passwords are then assigned to the Purchaser.
The Purchaser undertakes to keep these details confidential and shall not disclose them to any person whatsoever.
The Purchaser is solely responsible for the use of these details and access to the Site, unless there is evidence of fraudulent use which cannot be attributed to the Purchaser.
Any fraudulent use of these details of which the Purchaser is aware must be immediately notified to the Site in writing.
In the event of non-compliance with the GCUS by the Purchaser, the Site reserves the right to temporarily or permanently discontinue the Purchaser’s access and to suspend or terminate the GCUS without notice or compensation.
ARTICLE 5. Protection of personal data
Pursuant to Law 78-17 of 6 January 1978, as amended by Law no. 2018-493 of 20 June 2018, it should be noted that the personal data requested from the Purchaser by the Site is necessary both to guarantee access to the services on the Site and to place and process the Purchaser’s orders.
This data is used to carry out the execution of the contract and the dispatch of Purchasers' orders. It may not be used for any other purpose.
The processing of information provided via the website www.reoaked.com complies with the legal requirements for the protection of personal data as the information system used ensures optimum protection of this data.
The Purchaser has, in accordance with the national and European regulations in force, a continuous right of access, modification, rectification, objection, portability and limitation of the processing of information concerning the Purchaser.
This right can be used under the terms and conditions specified on the website www.reoaked.com.
ARTICLE 6. Intellectual property
The contents of the Site are the property of REOAKED and its partners and are protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly forbidden and may constitute an infringement of copyright.
ARTICLE 7. Partial nullity
If one or more of the stipulations herein are deemed to be invalid or declared as such pursuant to a law, a regulation or a final decision by a competent court, the other stipulations shall retain all their validity and scope.
ARTICLE 8. Applicable law
These General Terms and Conditions of Use and the transactions arising from them are governed by French law.
They are drawn up in French. In the event that they are translated into one or more languages, only the French text shall be binding in the event of a dispute.
ARTICLE 9. Acceptance by the Purchaser
The fact that a Purchaser registers on the Site or places an order on the Site implies full and complete acceptance of these General Terms and Conditions of Use, which is expressly recognised by the Purchaser, who waives in particular the right to invoke any contradictory document which may not be enforceable against the Site.
ARTICLE 10. Company details for REOAKED
Our contact details are as follows:
REOAKED SAS Head office address LE CHATELET SUD, 33330 ST EMILION Share capital €30,000 Company registration number 911 464 352 Intra-community VAT number FR25911464352 Manager M. Cyril KREFF Contact email address: [email protected]
SECOND SECTION GENERAL TERMS AND CONDITIONS OF SALE applicable to Purchasers
ARTICLE 11. Declarations by the Purchaser and acceptance of the GTCS
These General Terms and Conditions of Sale (the ‘GTCS’) describe the terms and conditions of online sales of goods and services between REOAKED and the Purchasers via the Site and define the obligations and rights of the Parties in this regard.
They apply, without restriction or reservation, to all sales of Products and associated services concluded between REOAKED and the Purchasers. Validation of the order by the Purchaser implies acceptance without restriction or reservation of these General Terms and Conditions of Sale.
The Purchaser declares that he/she has the required authority to enter into a contract and purchase the Products offered on the Site.
The Purchaser declares to have been informed and to have understood that the Products are not the property of REOAKED at the time of placing the order.
Acceptance therefore of the Purchaser's order is only a promise made by REOAKED to sell the Products belonging to the Owner Transferor in the event that REOAKED itself becomes the owner.
The sale is therefore only final after the fulfilment of the conditions precedent mentioned in article 19, regardless of the payment made by the Purchaser.
ARTICLE 12. Characteristics of the Products
The Products offered for sale on the Site are described in such a way as to enable the Purchaser to know their main characteristics, and in particular the specifications, illustrations and information on the dimensions or capacity of the Products, as well as their price.
The Purchaser is responsible for reading these before placing an order.
The content of the offers is written under the full responsibility of the Owner. The Buyer acknowledges and accepts that REOAKED does not verify the content of the offers and releases REOAKED from all liability in this regard. This is the case for any information provided by the Owner on the origin of the wood. Therefore, the Buyer cannot, at any point, demand that REOAKED certify the origin of the wood, no matter the level of quality control chosen.
The choice and purchase of a Product are the sole responsibility of the Purchaser.
In the event of an order to a country other than metropolitan France, the Purchaser is the importer of the Product or Products concerned.
For all Products shipped outside the European Union and French Overseas Departments and Territories, the price will be calculated excluding taxes automatically on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable. They shall be at the expense and under the sole responsibility of the Purchaser.
The photographs and graphics presented on the Site are not contractual and cannot be considered the responsibility of REOAKED.
The Purchaser must refer to the description of each Product in order to know its properties, essential characteristics and delivery terms.
The main parameters which determine the ranking of Products from queries consisting of a keyword, a phrase or the input of other data and their order of importance are accessible on the online interface and on the page on which the query results are presented.
ARTICLE 13. Duration of validity of the Product offer
Product offers are subject to availability.
ARTICLE 14. Ordering process
It is the responsibility of the Purchaser to select on the Site the Products he/she wishes to order, according to the terms and conditions indicated therein.
The Purchaser shall also specify the quality control service he/she wishes to receive. The Purchaser may be charged for quality control costs.
The Purchaser has the opportunity to check the details of the order, its total price and to correct any errors before confirming acceptance.
It is the Purchaser's responsibility to verify the accuracy of the order and to report or correct any errors immediately.
The placing of an order on the Site is completed when the Purchaser accepts the GCUS by ticking the box provided for this purpose, pays the agreed price and validates his/her order. This validation implies the acceptance of the entire present General Terms and Conditions of Sale.
An email acknowledging the order is immediately sent by the company REOAKED.
At the same time, the Owner Transferor of the selected Product(s) is immediately informed by REOAKED of the Purchaser's order.
As soon as the Owner Transferor confirms to REOAKED the availability of the Products, REOAKED confirms the order to the Purchaser.
Once the order is confirmed and accepted by REOAKED under the conditions described above, the order cannot be altered or cancelled by the Purchaser.
REOAKED reserves the right to refuse an order or to make a delivery involving a Purchaser who has not paid in full or in part for a previous order or with whom a dispute is in progress.
The confirmation of the order by REOAKED is equivalent to a promise of sale by REOAKED of the Products ordered, provided that these have been previously sold to REOAKED by the Owner Transferor.
It is hereby specified that any Owner Transferor who has placed an advert has undertaken to transfer the Products concerned to REOAKED as soon as a Purchaser has placed a validated order. REOAKED is nevertheless not responsible if an Owner Transferor does not fulfil his/her commitment. Its liability in this case shall be limited to the return of the amount paid by the Purchaser.
ARTICLE 15. Prices
The Products are supplied at the prices shown on the Product description page published on the Site.
The prices are indicated in euros, excluding VAT and with tax included and excluding delivery, processing, shipping and transport costs.
REOAKED organises the delivery of the Products.
The cost of delivery is estimated by our service provider Upply and depends on your chosen address and the address of the Owner Transferor. In the event that your address is not recognised by our service provider's platform, a quote will be sent after the Purchaser has activated the quote request tab.
The amount of commission, delivery, quality control, processing, shipping and transportation costs for each Product is added when the Purchaser validates the order.
ARTICLE 16. Checking of Products by REOAKED – Quality control
The Purchaser chooses at the time of ordering the level of quality control of the Products desired according to the options available on the Site.
The quality control is a service provided by REOAKED or by its subcontractors which consists of checking the condition of the products at the Owner Transferor's premises. Depending on the level of service purchased, the inspection is more or less comprehensive.
The cost of quality control is stated on the Site. It is payable by the Purchaser when it is due.
Products checked by REOAKED are marked as such using a QR code once the check has been completed.
Products are only purchased by REOAKED for immediate resale to the Purchaser if the quality control is satisfactory.
In the event that one or more Products are found to be non-compliant, REOAKED will inform the Purchaser.
The parties may either agree to amend the Purchaser's order to reduce it by the number of defaulting Products, or cancel it altogether.
REOAKED will then return all or part of the price of the Products to the Purchaser, depending on the decision which has been taken. It should be noted that the costs of inspection, apart from standard inspection, are not refundable.
ARTICLE 17. Payment of the price
The price of the order is payable in full to REOAKED on the day the order is placed by the Purchaser. Legally, this payment is qualified as a deposit with the order.
Payment is made by bank transfer or credit card.
Payments made by the Purchaser shall only be considered final after full receipt of the sums due by REOAKED.
The processing of the payment and the credit card data of the Purchaser or the bank transfer is carried out by our payment service provider. In order to use the secure payment service, the Purchaser declares that he/she has read and accepted the general terms and conditions of the said service provider (https://stripe.com/privacy).
ARTICLE 18. Condition precedent - Transfer of ownership
The sale of Products to the Purchaser is subject to the fulfilment of the following conditions precedent, stipulated for the benefit of both parties:
That the quality control confirms the conformity of the Products,
That the Owner Transferor agrees to sell the Products to REOAKED at the price agreed upon at the time of placing the sale advertisement.
These conditions must be fulfilled at the latest within 3 months after the payment of the order by the Purchaser. These conditions will be deemed to have been fulfilled, without the need to record their fulfilment, when REOAKED dispatches the Products.
REOAKED shall inform the Purchaser in the event of failure to comply with any of the above conditions.
In the event of failure to perform within the aforementioned period, this contract shall lapse at the discretion of the Purchaser or REOAKED, and REOAKED will in such a case repay to the Purchaser the sums it has received, less the costs of carrying out the quality control if the Purchaser has not opted for the standard control.
The transfer of ownership of the Products to the Purchaser occurs on the day the Products are shipped. It is on this date that REOAKED, who will have previously purchased the Products from the Owner Transferor, issues its final invoice to the Purchaser.
ARTICLE 19. Delivery of the products ordered
Delivery of the Products means the transfer to the Purchaser of physical possession or control of the Products ordered.
Deliveries are made by an independent carrier to the address given by the Purchaser at the time of ordering and to which the carrier has easy access.
The Purchaser therefore acknowledges that it is the carrier's responsibility to make the delivery and has no warranty claims against REOAKED in the event of a failure to deliver the Products transported.
REOAKED will contact the Purchaser to notify him/her of the shipping date and the estimated delivery date.
The unloading of the products is the responsibility of the Purchaser.
Except in special cases or when one or more Products are unavailable, the Products ordered will be delivered in a single delivery.
ARTICLE 20. Liability and Guarantee
Products subject to standard quality control are sold in their current state.
Products subject to a individual inspection are guaranteed to be in the condition found during the inspection.
The guarantee for hidden defects is expressly excluded.
The Purchaser is obliged to check the visible condition of the Products on delivery. All complaints should be addressed to the head office of REOAKED by email or by registered letter with acknowledgement of receipt within 15 days of delivery at the latest.
In the absence of reservations expressly made by the Purchaser at the time of delivery, the Products delivered by REOAKED will be deemed to conform in quantity and quality to the order. No claim can be legitimately accepted in this respect if the Purchaser does not comply with these conditions.
Damage during shipping: It is the responsibility of the Purchaser, in the event of damage to the Products delivered or missing products, to make all necessary reservations with the carrier in order to protect the rights of REOAKED. No claim can be taken into consideration if the necessary reservations have not been made with the carrier on the delivery note and consignment note, and confirmed by registered mail with acknowledgement of receipt within 3 days in accordance with the Commercial Code and sent in copy to REOAKED under the same conditions.
The liability of REOAKED for any reason whatsoever shall not exceed, per order, 100% of the order price in question, excluding compensation for any indirect or immaterial damage.
ARTICLE 21. Unforeseen – Force majeure
The parties waive the provisions of Article 1195 of the Civil Code relating to the occurrence of unforeseeable circumstances at the time of conclusion of the contract.
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.
ARTICLE 22. Partial nullity
If one or more of the stipulations herein are deemed to be invalid or declared as such pursuant to a law, a regulation or a final decision by a competent court, the other stipulations shall retain all their validity and scope.
ARTICLE 23. Applicable law
These General Terms and Conditions of Sale and the transactions arising from them are governed by French law.
They are drawn up in French. In the event that they are translated into one or more languages, only the French text shall be binding in the event of a dispute.
ARTICLE 24. Acceptance by the Purchaser
The fact that a Purchaser places an order on the website www.reoaked.com implies full and complete acceptance of these General Terms and Conditions of Sale, which is expressly recognised by the Purchaser, who waives, in particular, the right to invoke any contradictory document which would then be unenforceable.
ARTICLE 25. Company details for REOAKED
Our contact details are as follows:
REOAKED SAS Head office address LE CHATELET SUD, 33330 ST EMILION Share capital €30,000 Company registration number 911 464 352 Intra-community VAT number FR25911464352 Manager M. Cyril KREFF Contact email address: [email protected]
General conditions of use and sale applicable to Transferring Owners
ARTICLE 1. Purpose
The REOAKED marketplace (the "Website") aims to connect professional buyers ("Buyers") previously registered on the www.reoaked.com website and professional sellers ("Transferring Owners"), also registered on the www.reoaked.com website, in order to enable Buyers to purchase new or used products ("Products"), via the Website, offered up for sale by Transferring Owners on the www.reoaked.com website.
The REOAKED company's role in the sales process is to buy the Products chosen by the Buyers from the Transferring Owners, and proceed to deliver and resell these Products to the Buyers, under the conditions detailed herein.
These General Conditions of Use and Sale ("GCUS") define, under a first heading, the conditions under which the Website provides Transferring Owners with the technological tools that enable them to sell, via the Website, the Products as they are presented for sale on the Website ("GCU"); and under a second heading, the purchase and sale obligations between the company REOAKED and the Transferring Owner ("GCS").
ARTICLE 2. Scope
The GCUS detailed here apply, without limitations nor reserve, to the use of the services and technological tools provided to Transferring Owners by the Website.
These tools allow Transferring Owners to register on the Website; reference and describe the Products that they are offering for sale; accept orders for Products; collect the due amounts; organise the removal of the Products; manage the after-sales service; and communicate with the REOAKED company if need be.
Sales made via the Website are concluded directly between the Transferring Owner and the company REOAKED.
The present CGUS are accessible at any time on the www.reoaked.com website and will prevail, where applicable, over any other version or any other contradictory document. They may be subject to subsequent modifications.
The applicable version of the GCUS is that in force on the Website on the date the Transferring Owner's Product post is published.
ARTICLE 3. Disputes
All disputes relating to the interpretation and/or execution of these GCUS, and relating to sales, shall be exclusively governed by and construed in accordance with French law. The provisions of the Vienna Convention on the International Sale of Goods shall not apply.
The competent court shall be the Tribunal de Commerce de Saintes (Commercial Court of Saintes). In cases where translations are concerned, the French version shall prevail.
FIRST HEADING GENERAL CONDITIONS OF USE applicable to Transferring Owners
ARTICLE 4. Services offered by the Website
Access to the Website is strictly reserved for professional sellers, a status that the Transferring Owner declares and acknowledges when using the Website's services, while also agreeing to carry out in good faith all sales transactions concluded with the REOAKED company via the Website.
To use the Website's services, the Transferring Owner is required to accept these GCUS and register on the website www.reoaked.com.
The Transferring Owner shall then be assigned strictly confidential and personal identifiers and passwords.
The Transferring Owner agrees to maintain the confidentiality of these identifiers and passwords, and to refrain from disclosing them to any person whatsoever.
The Transferring Owner is solely responsible for the use of these identifiers and passwords, and for access to the Website, unless there is proof of fraudulent use that cannot be attributed to him/her.
Should the Transferring Owner become aware of fraudulent use of these identifiers or passwords, he/she must immediately notify the Website in writing.
In the event that the Transferring Owner fails to comply with these GCUS, the Website reserves the right to temporarily or permanently interrupt the Transferring Owner's access, by suspending or terminating this contract without notice or compensation.
ARTICLE 5. Submission of Product posts
The Transferring Owner is informed and understands that the posts submitted must relate solely to sales of barrels.
5.1 Availability
The transferring Owner agrees to:
only submit posts for available Products, that the Transferring Owner has and owns.
Immediately remove the post should one or more of the Products offered for sale become unavailable. If the unavailability is only partial, the Transferring Owner may submit a new post for the number of Products (s)he has, subject to compliance with the other conditions set out herein.
5.2 Minimum Quantity and Amount
The minimums per post are:
Number of products: 1 barrel
Desired selling price: € 2,000
5.3 Content of the post
Product posts must imperatively be filled in as follows:
Type of wine/spirit: Dry red wine, dry white wine, Spirits, Vin Doux Naturel (natural sweet wine), Fortified wine, Liquor, Others
Capacity: 200l, 225l, 228l, 265l, 300l, 350l, 400l, 450l, 500l, 600l, Other
Year of manufacture
Provenance of the wood : France, Europe, USA, other or unknown
The Owner has a certificate of origin for the wood : YES / NO
Number of barrels: Minimum per post 1 barrel
Product description
Manufacturer: Cooperage name, or reconditioned
Drying time: 18 months, 24 months, 30 months, 36 months, +36 months
Number of times used for ageing: 1, 2, 3, 4, 5
Type of toasting: Light, Light Long, Specific, Strong, Strong+, Medium, Medium+, Medium Long, Char 1, Char 2, Char 3, Char 4
Hoop type: steel, galvanized steel, black galvanized steel, gold galvanized steel, other colour galvanized steel
Wood grain: coarse, fine, medium-fine, very fine
Wood thickness: 22mm, 27mm, 32mm, 42mm, Others
Logistics: Product availability date
Address for collection: this address must be easily accessible for a carrier.
5.4 Selling price
The Transferring Owner must enter the price per barrel at which (s)he intends to sell the Products. If a Buyer selects the lot offered for sale, this price per barrel shall be the selling price applicable between REOAKED and the selling Owner.
Once the transferring Owner indicates his desired selling price, the Website calculates price at which the Products shall be offered for sale to Buyers and informs the Transferring Owner. This price per barrel shall be the sale price applicable between REOAKED and the final Buyer.
This sale price desired by the Transferring Owner must be mentioned with all taxes and costs included, but excluding delivery costs.
5.5 Deletion of the post by REOAKED
The Transferring Owner acknowledges REOAKED's right to delete posts, for any reason it deems appropriate (non-compliant post; post that is too old and cannot find a buyer; failure of the Transferring Owner to fulfil obligations, etc.). The Transferring Owner waives the right to claim any compensation regarding this.
ARTICLE 6. Personal data protection
In accordance with Law 78-17 of 6 January 1978 amended by Law No. 2018-493 of 20 June 2018, it is recalled that the personal data requested from the Transferring Owner by the Website are necessary, both to grant access to the Website's services and to place and process Product orders.
These data are used to execute the contract and to dispatch orders to Buyers. They may not be used for other purposes.
The processing of information communicated via the www.reoaked.com website meets the legal requirements for personal data protection, as the computing system in place ensures optimal protection of this data.
In accordance with the national and European regulations in force, the Transferring Owner has a right of permanent access, modification, rectification, opposition to portability, and limitation of processing with regard to information concerning him/her.
This right may be exercised under the conditions and according to the methods stipulated on the www.reoaked.com website.
In the event that the Transferring Owner gains knowledge of data concerning REOAKED's customers,the buyers of the Products (s)he is selling, (s)he undertakes to use this data solely for the purposes of delivering the Products and to fulfilling the legal obligations related to this.
Any other use is strictly prohibited.
ARTICLE 7. Intellectual property
The content of the Website is the property of REOAKED and its partners and is protected by French and international laws concerning intellectual property.
Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an infringement of copyright offence.
ARTICLE 8. Partial nullity
If one or more provisions of these General Conditions are held to be invalid or declared to be such under any law or regulation, or after a final ruling by a competent court, the remaining provisions will maintain their full force and scope.
ARTICLE 9. Applicable Law
These General Conditions of Use and the transactions arising therefrom are governed by and subject to French law.
They are written in the French language. Should they be translated into one or more languages, only the French text shall be binding in the event of a dispute.
ARTICLE 10. Acceptance of the Transferring Owner
The act of registering on the www.reoaked.com website and/or posting an order implies full assent and acceptance of these General Conditions of Use, expressly acknowledged by the Transferring Owner, who waives, in particular, any right to make a claim based on any contradictory document, which would be unenforceable against the Website.
ARTICLE 11. Identification of the REOAKED company
Our contact information is as follows:
REOAKED SAS Registered office address Lieu-Dit LE CHATELET SUD, 33330 ST EMILION Share capital €30,000 RCS number 911 464 352 Intra-Community VAT number FR25911464352 Manager: Mr Cyril KREFF Contact email address: [email protected]
SECOND HEADING GENERAL CONDITIONS OF SALE applicable to Transferring Owners
ARTICLE 12. Statements by the Transferring Owner and acceptance of the GCS
These General Conditions of Sale ("GCS") describe the terms and conditions of distance sales of goods and services between a Transferring Owner (seller) and REOAKED (buyer) via the Website and define the obligations and rights of the Parties in this regard.
These General Conditions of Sale apply without limitation or reserve to all Product sales concluded between REOAKED and the Transferring Owners.
The submission of a Product post by the Transferring Owner implies unlimited and reserved acceptance of these General Conditions of Sale.
The Transferring Owner declares that (s)he owns the Products offered for sale on the Website, that (s)he has the capacity required to contract and sell the Products offered on the Website.
The Transferring Owner declares that (s)he has been informed and has understood that:
The posting of Product post on the Website constitutes an offer to sell the Products to REOAKED,
Upon acceptance of Product sales offer (evidenced by the registration of a Buyer order on the Website), the Transferring Owner is firmly and irrevocably committed to selling the Products to REOAKED at the desired selling price, as indicated by the Transferring Owner at the time of submitting his/her post.
Should the quality control prove unsatisfactory, REOAKED may forego the sale after acceptance of Product sale offer, and without any compensation to the Transferring Owner.
The sale of the Products between REOAKED and the Transferring Owner is therefore concluded subject to the prior fulfilment of a condition precedent (quality control), entered in the interest of REOAKED. This condition is described with more detail in Article 19 below.
ARTICLE 13. Product Characteristics
The Products offered for sale on the Website are detailed in a description provided by the Transferring Owner that gives the REOAKED Buyer information about their main characteristics, and in particular the specifications, illustrations, and dimensions or capacity of the Products, as well as their price.
The Products that the Transferring Owner sells to REOAKED must therefore conform with the description (s)he has published. The Owner guarantees the accuracy and the veracity of the offers and will have to hand over the certificate of origin to REOAKED if they declared having one.
The Transferring Owner shall hold harmless REOAKED from any claim, or liability by a Buyer, arising from the non-conformity of Products offered for sale or if inaccurate information were published on the site.
ARTICLE 14. Obligations of the Transferring Owner
The Transferring Owner:
Prohibits him/herself from putting counterfeit products up for sale or offering products that do not conform with the terms of the post submitted.
Guarantees that the Product descriptions entered on the Website are accurate, exact, and do not risk misleading REOAKED or its Buyers,
Guarantees that any images posted on the Website adequately represent the Products offered for sale and respect the rights of third parties,
Undertakes to ensure the availability of the Products offered for sale via the Website and to immediately delete a post if Products are no longer available,
Undertakes to comply with the applicable legislation regarding the exercise of a commercial activity (including registration, accounting, social and tax obligations) as well as the laws and regulations applicable to the Products sold via the Website.
ARTICLE 15. Procedure for placing purchase orders
A Buyer's order on the Website is registered by REOAKED once the Buyer has accepted the applicable GCUS, paid the agreed price, and confirmed the order on the Website.
The Transferring Owner is immediately informed by email that this order has been registered. This information constitutes an order confirmation by REOAKED for the purchase of the Products concerned.
Upon receipt of the email, the Transferring Owner is required to accept the order placed on the Website for the Products concerned.
The acceptance of the order by the Transferring Owner constitutes a firm and irrevocable promise of sale of the Products ordered, to REOAKED, under the conditions described on the Website.
It is recalled here that REOAKED is not committed to purchasing the Products until the condition precedent mentioned in article 19 below has been fulfilled.
ARTICLE 16. Prices
The Products are purchased by REOAKED at the sale prices entered by the Transferring Owner.
Prices are given in euros, with and without tax, excluding delivery costs.
REOAKED organises the delivery of the Products, from the address provided by the Transferring Owner in his/her post. Any modification of the pick-up location shall be the responsibility of the latter.
The Transferring Owner is responsible for packaging the Products and loading them into the transport vehicle.
The Transferring Owner acknowledges and accepts that his/her Products will be resold by REOAKED to the Buyer with a sales margin applied.
ARTICLE 17. Product check by REOAKED – Quality control
Upon ordering, the Buyer chooses the desired level of quality control for the Products, selecting from the options offered on the Website.
Quality control is a service performed by REOAKED or its subcontractors, which consists of checking the condition of Transferring Owner's products. The check can be performed in greater or lesser detail depending on the level of service purchased.
REOAKED shall enter into an agreement with the Transferring Owner to set a date for the quality control inspection. The quality control check must take place as soon as possible, and at any rate within a period of two months from the moment the order is accepted by the Transferring Owner.
Once the inspection has been carried out, a QR code is used to mark products approved by REOAKED.
The Transferring Owner waives the right to contest the result of the quality control check conducted by REOAKED or its subcontractors. The Transferring Owner acknowledges that this is an essential and decisive condition for the validity of this agreement.
The Products are only purchased by REOAKED for immediate resale to the Buyer if the quality control is satisfactory.
In the event that one or more of the Products examined fails to meet the required standards, REOAKED shall notify the Buyer and the Transferring Owner.
REOAKED and the Buyer may either agree to modify the Buyer's order to reduce it by the number of defective Products, or cancel the order outright.
If the Buyer cancels an order due to the unsatisfactory result of the quality control check, the order placed by REOAKED with the Transferring Owner shall be automatically annulled. The Transferring Owner waives the right to claim any compensation regarding this.
If the Buyer asks to change an order due to unsatisfactory quality control results, the Transferring Owner shall be informed and is required to give consent. The sales volumes and prices shall be adjusted accordingly.
ARTICLE 18. Payment of amount due
The price of a Buyer's order shall be paid in full by the Buyer to REOAKED on the day the order is placed via the Website.
The amount due to the Transferring Owner from the REOAKED order is payable within seven days of the Buyer's receipt of the Products, upon presentation of an invoice.
Payment is made via bank transfer.
ARTICLE 19. Condition precedent - Transfer of ownership
Upon acceptance of an order by the Transferring Owner, the latter irrevocably sells to REOAKED, which declares its acquisition of the Products in the order, subject to the fulfilment of the condition precedent set out below in its interest.
Condition precedent: That the quality control check confirms the Products meet the required standards,
This condition must be fulfilled at latest within two months from the moment the Buyer pays for the order. This condition is deemed to have been met, without it being necessary to report that it has been met, if REOAKED or its service provider applies its QR code to all the Products in the order.
Otherwise, the condition is deemed unfulfilled.
In the event of failure to fulfil the condition precedent within the aforementioned period, this contract shall terminate if the Buyer or REOAKED deems it appropriate, as indicated in Article 17 above.
The transfer of ownership of the Products to REAOKED takes place on the day the condition precedent is deemed to have been fulfilled, even if payment takes place after the Buyer receives the Products.
ARTICLE 20. Delivery of ordered Products
Delivery means the transfer to the Buyer of physical possession or control of the Product.
The collection of the Products is carried out by an independent carrier, at the entered by the Transferring Owner in his/her post.
REOAKED shall contact the Owner to inform him/her of the date the products are to be picked up.
The Transferring Owner is responsible for loading the products.
The Products shall be picked up in a single operation.
ARTICLE 21. Liability and Warranty
In the event of a complaint by a Buyer concerning the quality of the Products, REOAKED shall inform the Transferring Owner.
The Transferring Owner is guarantor of hidden defects with respect to REOAKED.
The Transferring Owner understands and agrees that his/her liability may be incurred with respect to REOAKED under the same conditions as REOAKED's liability may be incurred with respect to the Buyer.
The Transferring Owner guarantees and indemnifies REOAKED on first request against any damage and against any liability action that may be brought against REOAKED due to the Transferring Owner's infringement of any right of a third party, including a Buyer; whether the damage results from the sale of Products, the use made by the Transferring Owner of the services of the Website, or any other fact attributable to the Transferring Owner.
REOAKED's liability to the Transferring Owner may only be incurred for facts that are directly attributable to REOAKED and that would cause the Transferring Owner direct harm, to the exclusion of any indirect harm.
ARTICLE 22. Unforeseeable circumstances – Force Majeure
The Parties expressly renounce the provisions of Article 1195 of the French Civil Code, relating to the occurrence of unforeseeable circumstances at the time the contract is agreed.
The parties cannot be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, arises from a force majeure event, within the meaning of Article 1218 of the French Civil Code.
ARTICLE 23. Partial nullity
If one or more provisions of these General Conditions are held to be invalid or declared to be such under any law or regulation, or after a final ruling by a competent court, the remaining provisions will maintain their full force and scope.
ARTICLE 24. Applicable Law
These General Conditions of Sale and the transactions arising therefrom are governed by and subject to French law.
They are written in the French language. Should they be translated into one or more languages, only the French text shall be binding in the event of a dispute.
ARTICLE 25. Acceptance of the Transferring Owner
The act of registering on the www.reoaked.com Website and/or posting a Product post implies the Transferring Owner's full adherence to and acceptance of these General Conditions of Sale, expressly acknowledged by the Transferring Owner, who waives, in particular, the right to avail him/herself of any contradictory document, which would be unenforceable against the Seller.
ARTICLE 26. Identification of the REOAKED company
Our contact information is as follows:
REOAKED SAS Registered office address Lieu-Dit LE CHATELET SUD, 33330 ST EMILION Share capital €30,000 RCS number 911 464 352 Intra-Community VAT number FR25911464352 Manager: Mr Cyril KREFF Contact email address: [email protected]
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