General Terms and Conditions

General conditions of sale of the simplified joint-stock company (SASU) Hexatrade Nexus

Preamble

These general terms and conditions of sale apply to all sales concluded on the website www.nexus-watch.com . The website www.nexus-watch.com is a service of: SASU Hexatrade Nexus. Website URL: www.nexus-watch.com , e-mail: contact@nexus-shop.fr. The Hexatrade Nexus website sells the following new products: Smartwatches and related accessories. The customer declares to have read and accepted the general terms and conditions of sale prior to placing his order. Validation of the order therefore constitutes acceptance of the general terms and conditions of sale.

Article 1 – Principles

These general terms and conditions express the entirety of the parties' obligations. In this sense, the buyer is required to accept them without reservation. These general terms and conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels. They are accessible on the Hexatrade Nexus website and will prevail, where applicable, over any other version or any other contradictory document. The seller and the buyer agree that these general terms and conditions govern their relationship exclusively. The seller reserves the right to modify its general terms and conditions of sale from time to time. They will be applicable as soon as they are posted online. If a condition of sale were to be missing, it would be considered to be governed by the practices in force in the distance selling sector whose companies have their headquarters in France. These general terms and conditions of sale are valid until December 31, 2024.

Article 2 – Content

The purpose of these general terms and conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the Hexatrade Nexus website. These conditions only concern purchases made on the Hexatrade Nexus website and delivered exclusively in mainland France or Corsica. For any delivery to the French overseas departments and territories or abroad, please send a message to the following email address: contact@nexus-shop.fr These purchases concern the following products: smartwatch, related accessories.

Article 3 – Pre-contractual information

The buyer acknowledges having received, prior to placing his order and concluding the contract, in a legible and comprehensible manner, these general terms and conditions of sale and all the information listed in Article L. 221-5 of the Consumer Code. The following information is transmitted to the buyer, in a clear and comprehensible manner: the essential characteristics of the product; the price of the product and/or the method of calculating the price; where applicable, all additional transport, delivery or postage costs and all other possible costs payable; in the absence of immediate execution of the contract, the date or period by which the seller undertakes to deliver the goods, regardless of their price; information relating to the identity of the seller, their postal, telephone and electronic contact details, and their activities, information relating to legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence and terms of implementation of the guarantees and other contractual conditions.

Article 4 – The order

The buyer may place an order online, from the online catalog and using the form provided therein, for any product, subject to available stock. The buyer will be informed of any unavailability of the product or item ordered. For the order to be validated, the buyer must accept, by clicking on the indicated location, these general terms and conditions of sale. He or she must also choose the delivery address and method, and finally validate the payment method.

The sale will be considered final: after the seller has sent the buyer confirmation of acceptance of the order by email; and after the seller has received payment in full.

Any order constitutes acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will be subject to a possible exchange and the guarantees mentioned below.

In certain cases, including non-payment, incorrect address, or other problems with the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.

For any questions regarding order tracking, the buyer can send an email to the seller at the following email address: contact@nexus-shop.fr.

Article 5 – Electronic signature

The online provision of the buyer's bank card number and the final validation of the order will constitute proof of the buyer's agreement: payment of the amounts due under the order form; signature and express acceptance of all operations carried out.

In the event of fraudulent use of the bank card, the buyer is invited, as soon as this use is noticed, to contact the seller at the following email address: contact@nexus-shop.fr.

Article 6 – Order confirmation

The seller provides the buyer with an order confirmation by email.

Article 7 – Proof of the transaction

The computerized records, stored in the seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.

Article 8 – Product Information

The products governed by these general terms and conditions are those listed on the seller's website and indicated as being sold by the seller. They are offered while stocks last. The products are described and presented with the greatest possible accuracy. However, if any errors or omissions may have occurred in this presentation, the seller cannot be held liable. Product photographs are not contractually binding.

Article 9 – Price

The seller reserves the right to modify its prices at any time but undertakes to apply the current rates indicated at the time of the order, subject to availability on that date. Prices are indicated in euros. They do not include delivery costs, invoiced in addition, and indicated before validation of the order. Prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store. If one or more taxes or contributions, in particular environmental taxes, were to be created or modified, either upwards or downwards, this change could be reflected in the sale price of the products.

Article 10 – Method of payment

This is an order with payment obligation, which means that placing the order implies payment by the buyer. To pay for his order, the buyer has the choice of all the payment methods made available by the seller and listed on the seller's website. The buyer guarantees to the seller that he has the necessary authorizations to use the payment method chosen by him, when validating the order form. The seller reserves the right to suspend any order management and any delivery in the event of refusal of authorization of payment by credit card from officially accredited organizations or in the event of non-payment. The seller reserves in particular the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is being administered. Payment of the price is made in full on the day of the order, according to the following methods: credit card

Article 11 – Availability of products – Reimbursement – ​​Resolution

Except in cases of force majeure or during periods when the online store is closed, which will be clearly announced on the website's homepage, shipping times will be, subject to available stocks, as indicated below. Shipping times run from the order registration date indicated in the order confirmation email.

For deliveries to the French Overseas Territories or another country, the delivery terms will be specified to the buyer on a case-by-case basis. In the event of non-compliance with the agreed delivery date or deadline, the buyer must, before terminating the contract, order the seller to perform it within a reasonable additional period. In the absence of performance at the end of this new period, the buyer may freely terminate the contract. The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or in writing on another durable medium. The contract will be considered terminated upon receipt by the seller of the letter or writing informing him of this termination, unless the professional has performed in the meantime. The buyer may, however, immediately terminate the contract if the dates or deadlines seen above constitute an essential condition of the contract for him. In this case, when the contract is terminated, the seller is required to reimburse the buyer for all sums paid, at the latest within 14 days following the date on which the contract was terminated. In the event of unavailability of the product ordered, the buyer will be informed as soon as possible and will have the option to cancel his order. The buyer will then have the choice of requesting either the reimbursement of the sums paid within 14 days at the latest of their payment, or the exchange of the product.

Article 12 – Delivery terms

Delivery means the transfer to the consumer of physical possession or control of the goods. The ordered products are delivered to the buyer by the seller's supplier according to the terms and within the time specified above. The products are delivered to the address indicated by the buyer on the order form; the buyer must therefore ensure its accuracy. Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer may, at his request, have an invoice sent to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.

If the buyer is absent on the day of delivery, the delivery person will leave a calling card in the mailbox, which will allow the package to be collected at the place and time indicated.

If at the time of delivery, the original packaging is damaged, torn, open, the buyer must then check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery slip (package refused because open or damaged). The buyer must indicate on the delivery slip and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, product missing from the delivery slip, damaged packages, broken products, etc.). This verification is considered to have been carried out as soon as the buyer, or a person authorized by him, has signed the delivery slip. The buyer must then confirm these reservations by registered letter to the carrier no later than two working days following receipt of the item(s) and send a copy of this letter by fax or simple mail to the seller at the address indicated in the legal notices of the site. If the products need to be returned to the seller, they must be the subject of a return request to the seller within 14 days of delivery. Any claim made outside of this time limit will not be accepted. Returns of the product will only be accepted for products in their original condition (packaging, accessories, instructions, etc.).

When receiving your order, it is imperative to check the condition of the package and the product as soon as it is opened.

For any refund request related to a damaged item received, the buyer must provide an unpacking video taken at the time of receipt of the package. This video must clearly show:

 • Packaging intact before opening.

 • Opening the package without interruption.

 • The condition of the product immediately after unpacking, with visible evidence of damage.

Without this video evidence, no claims for damage upon receipt will be accepted, and no refunds will be granted. We strongly recommend that you always film the opening of your package to ensure the validity of any claims in the event of a problem. In the event of a dispute, our customer service team will review the request on a case-by-case basis, based on the information provided. For any questions, you can contact us at contact@nexus-shop.fr

Article 13 – Delivery errors

The buyer must notify the seller on the day of delivery or at the latest on the first working day following delivery of any claim for delivery errors and/or non-conformity of the products in nature or quality with respect to the information appearing on the order form. Any claim made after this deadline will be rejected. The claim may be made by the buyer:

by email to the following address: contact@nexus-shop.fr.

Any claim not made in accordance with the rules defined above and within the time limits set out will not be taken into account and will exclude the seller from any liability towards the buyer. Upon receipt of the claim, the seller will assign an exchange number for the product(s) concerned and will communicate it by email to the buyer. The exchange of a product can only take place after the exchange number has been assigned. In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, by Colissimo Recommandé, to the following address: 21 avenue Paul Cézanne 93370, Montfermeil, France.

Return costs are the responsibility of the seller.

Article 14 – Product warranty

14-1 Legal guarantee of conformity

The seller guarantees the conformity of the goods sold to the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code.

In the event of implementation of the legal guarantee of conformity, it is recalled that: the buyer benefits from a period of 2 years from delivery of the goods to act; the buyer can choose between repair or replacement of the goods, subject to the cost conditions provided for by article L. 217-17 of the consumer code; the buyer does not have to provide proof of the non-conformity of the goods during the 24 months in the case of new goods (6 months in the case of used goods), following delivery of the goods.

14-2 Legal guarantee of hidden defects

In accordance with Articles 1641 et seq. of the Civil Code, the seller is liable for any hidden defects that may affect the goods sold. It will be up to the buyer to prove that the defects existed at the time of sale of the goods and are such as to render the goods unfit for the use for which they are intended. This warranty must be implemented within two years of the discovery of the defect. The buyer may choose between cancellation of the sale or a price reduction in accordance with Article 1644 of the Civil Code.

Article 15 – Right of withdrawal

Application of the right of withdrawal

In accordance with the provisions of Articles L.221-18 et seq. of the Consumer Code , the consumer has a period of fourteen (14) days from receipt of the product to exercise their right of withdrawal, without having to provide reasons or pay penalties.

However, pursuant to Article L.221-28 of the Consumer Code , the right of withdrawal cannot be exercised for goods unsealed after delivery and which cannot be returned for reasons of hygiene or health protection . This particularly concerns in-ear headphones , the use of which involves direct contact with the ear and internal parts of the ear canal.

Thus, in the case of a purchase of the Nexus Watch Complete Pack in Black , if the pair of earphones provided in the pack has been opened or used , the buyer will not be able to exercise his right of withdrawal on the entire pack.

The buyer is therefore invited to do not open the earphone packaging if he wishes to benefit from his right of withdrawal on the entire pack.

To be accepted for a return, the product must be new, unused, in its original condition and in its original packaging, as you received it. Indeed, if the item has been opened from its packaging, we cannot guarantee that the item is in perfect condition. It is possible that the item was damaged during transport or was handled improperly. We therefore encourage you to carefully inspect the item upon receipt and to contact us immediately if you notice any problems.

The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the buyer. Any other method of declaration of withdrawal is accepted. It must be unambiguous and express the desire to withdraw.

If the right of withdrawal is exercised within the aforementioned period, the price of the product(s) purchased and the delivery costs will be refunded. Return costs are the responsibility of the buyer. The exchange (subject to availability) or refund will be made within 25 days, and at the latest, within 14 days from receipt by the seller of the products returned by the buyer under the conditions provided above.

Article 16 – Force majeure

Any circumstances beyond the control of the parties that prevent the performance of their obligations under normal conditions shall be considered grounds for exemption from the parties' obligations and shall result in their suspension. The party invoking the circumstances referred to above must immediately notify the other party of their occurrence and of their disappearance.

Any irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, shall be considered as cases of force majeure or fortuitous events, in addition to those usually recognized by the case law of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.

The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the force majeure event lasts for more than three months, these general conditions may be terminated by the injured party.

Article 17 – Intellectual property

The content of the website remains the property of the seller, who is the sole holder of intellectual property rights to this content. Buyers agree not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

Article 18 – Data Protection and Freedoms

The personal data provided by the buyer is necessary for processing the order and issuing invoices. It may be communicated to the seller's partners responsible for executing, processing, managing, and paying for orders. The processing of information communicated via the Hexatrade Nexus website has been declared to the CNIL. The buyer has a permanent right of access, modification, rectification, and opposition with regard to information concerning him. This right may be exercised under the conditions and according to the terms defined on the Hexatrade Nexus website.

Article 19 – Partial non-validation

If one or more provisions of these general conditions are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.

Article 20 – Non-waiver

The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation in question.

Article 21 – Title

In the event of any difficulty of interpretation between any of the headings appearing at the head of the clauses, and any of the clauses, the headings shall be declared non-existent.

Article 22 – Language of the contract

These general terms and conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be authoritative in the event of a dispute.

Article 23 – Mediation and dispute resolution

The buyer may resort to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute. The mediator's name, contact details, and email address are available on our website.

In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating independent out-of-court settlement of online disputes between consumers and traders in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/ .

Article 24 – Applicable law

These general conditions are subject to the application of French law. The competent court is the judicial court.

This applies to both substantive and formal rules. In the event of a dispute or complaint, the buyer will first contact the seller to obtain an amicable solution.

Article 25 – Protection of personal data

Data collected

The personal data collected on this site are as follows:

account opening: when creating the user's account, their surname; first name; email address; connection: when the user connects to the website, it records, in particular, their surname, first name, connection data, usage data, location data and payment data; profile: the use of the services provided on the website allows a profile to be completed, which may include an address and a telephone number; payment: as part of the payment for the products and services offered on the website, it records financial data relating to the user's bank account or credit card; communication: when the website is used to communicate with other members, data concerning the user's communications are temporarily stored; cookies: cookies are used, as part of the use of the site. The user has the option of deactivating cookies from their browser settings.

Use of personal data

The personal data collected from users is intended to provide the website's services, improve them, and maintain a secure environment. More specifically, the uses are as follows:

– access and use of the website by the user;

– management of the operation and optimization of the website;

– organization of the conditions of use of Payment Services;

– verification, identification and authentication of data transmitted by the user;

– offering the user the possibility of communicating with other users of the website;

– implementation of user support;

– personalization of services by displaying advertisements based on the user’s browsing history, according to their preferences;

– prevention and detection of fraud, malware and management of security incidents;

– management of any disputes with users;

– sending commercial and advertising information, based on user preferences.

Sharing personal data with third parties

Personal data may be shared with third-party companies in the following cases:

– when the user uses payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has entered into contracts;

– when the user publishes, in the free comment areas of the website, information accessible to the public;

– when the user authorizes a third party website to access his data;

– when the website uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to user data, as part of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data;

– if required by law, the website may carry out the transmission of data to respond to claims made against the website and to comply with administrative and judicial procedures;

– if the website is involved in a merger, acquisition, sale of assets or bankruptcy proceedings, it may be required to transfer or share all or part of its assets, including personal data. In this case, users would be informed before personal data is transferred to a third party.

Security and Privacy

The website implements organizational, technical, software, and physical digital security measures to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the internet is not a completely secure environment, and the website cannot guarantee the security of the transmission or storage of information over the internet.

Implementation of user rights

In accordance with the regulations applicable to personal data, users have the following rights, which they can exercise by sending a request to the following address: contact@nexus-shop.fr.

• the right of access: they can exercise their right of access to know the personal data concerning them. In this case, before implementing this right, the website may request proof of the user's identity in order to verify its accuracy.
• the right to rectification: if the personal data held by the website is inaccurate, they can request that the information be updated.
• the right to erasure of data: users may request the erasure of their personal data, in accordance with applicable data protection laws.
• The right to limit processing: users can request the website to limit the processing of personal data in accordance with the assumptions provided for by the GDPR.
• The right to object to data processing: users can object to their data being processed in accordance with the assumptions provided for by the GDPR.
• the right to portability: they can request that the website provide them with the personal data provided to it in order to transmit it to a new website.

Evolution of this clause

The website reserves the right to make any changes to this personal data protection clause at any time. If a change is made to this personal data protection clause, the website undertakes to publish the new version on its website. The website will also inform users of the change by email, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, they have the option to delete their account.

Appendix: Withdrawal form (to be completed by the consumer and sent by registered letter with acknowledgment of receipt, within a maximum period of 14 days following the date of conclusion of the service contract)

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