General Terms of Sale

Applicable from 10/06/2025

RETAK, a simplified joint-stock company with a share capital of 10,000 euros, whose registered office is at 445 rue des lauriers, 71700 TOURNUS, registered under the number 945 370 070 MÂCON, hereinafter referred to as the "SELLER".

SCOPE OF APPLICATION

The present General Terms and Conditions of Sale (hereinafter referred to as "GTC") apply to all orders of products or services purchased on the SITE. https://www.retak.eco/en/ (hereinafter the "SITE") by all customers (hereinafter the "BUYER") established in mainland France, Europe and around the world, from the SELLER, for invoicing and deliveries in mainland France (excluding specific areas, islands, mountains and Corsica), and in Europe, (provided that the order has validated a delivery address with at least one carrier).

Any order placed on the SITE implies full and complete acceptance by the BUYER, without exclusions or reservations, of these T&Cs. In this regard, they are enforceable against him in accordance with the terms of Article 1119 of the civil code.

These General Terms and Conditions of Sale (GTCs) shall prevail over any contrary provision that may be included in the general purchase conditions, or any other document that may originate from the BUYER. However, in the event of an agreement duly signed between the BUYER and the SELLER, any clause of this agreement that would prove to be contrary to a clause of these GTCs would automatically prevail over the said clause of the GTCs.

The T&Cs are permanently accessible on the homepage of the SITE at the following address: https://www.retak.eco/en/. They may be subject to subsequent modifications, the version applicable to the BUYER is the one in effect on the SITE at the date of placing the order. Consequently, the BUYER cannot claim these changes for previous orders.

If a sales condition were to fail, it would be considered to be governed by the practices in force in the distance selling sector of companies based in France.

PRE-CONTRACTUAL INFORMATION

The BUYER acknowledges having been informed, prior to placing their order, in a readable and understandable manner, of these general sales conditions and all the information listed in article L. 221-5 of the consumer code.

ORDER

The BUYER has the option to place his order online, from the online catalogue and using the form provided there, for any product within the limits of available stock, or for an out-of-stock product (mentioned on the site), or on order, after being informed on the product itself.

The online ordering process is established as follows:
1: The BUYER selects the products they wish to order on the SITE.
2: The BUYER validates his cart.
3: The BUYER identifies himself.
4: The BUYER provides the billing information.
5: The BUYER provides the delivery information.
6: The BUYER selects the payment method.
7: The BUYER accepts the general terms of sale.
8: The BUYER proceeds with the payment of the order.

The BUYER can track the progress of their order on the SITE and contact customer service, whose contact details are indicated on the SITE, for any questions.

The sale will be considered as final:
- after sending to the BUYER the confirmation of the acceptance of the order by the SELLER by email within 48 hours at the latest, except during vacation period.
- and after the SELLER has received the full price, except for professional clients who have obtained the possibility of deferred payment from our services.

Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will occur within the framework of a possible exchange and the guarantees mentioned below.

In certain cases, particularly non-payment, incorrect address or other problem with the BUYER's account, the SELLER reserves the right to block the BUYER's order until the problem is resolved.

PRODUCTS

The characteristics of the products are indicated in their descriptive sheet, with photos of the concerned products. The product photographs are not contractual.

The BUYER is required to refer to the description of each product in order to know its properties and essential characteristics before placing any order. The choice and purchase of a product is the sole responsibility of the BUYER.

The products are described and presented with the greatest possible accuracy. However, if errors, omissions or changes may have occurred regarding this description, the SELLER's liability cannot be engaged. The BUYER will be informed as soon as possible and may request an exchange or a refund.

PRODUCT AVAILABILITY

Most of the products for sale on the SITE are in stock.
In case of unavailability of the ordered product, the BUYER will be informed as soon as possible and will have the option to cancel the order of the ordered product. The BUYER will then have the choice to request either an immediate refund of the amounts paid, or an exchange of the product.

The permanent or temporary unavailability of a product cannot in any case engage the responsibility of the SELLER, nor can it open any right to compensation or damages in favor of the BUYER.

Deadlines are always expressed in working days.

PRICE

The prices of the products indicated on the SITE are prices indicated in euros INCLUDING ALL TAXES, based on a 20% VAT, and excluding delivery charges.

The "PROMOS", "CLEARANCE", "USED" prices are indicated directly on the ads and/or on the photos.

The delivery charges, billed in addition, are indicated before the validation of the order.

The SELLER reserves the right to change its prices at any time but undertakes to apply the rates in effect indicated at the time of the order, subject to the available stocks at that date.

The prices take into account the applicable VAT on the day of the order and any change in the applicable VAT rate will automatically be reflected in the price of the products.

The full payment of the price must be made at the time of the order. At no time can the amounts paid be considered as deposits or down payments.

If one or more taxes or contributions, particularly environmental ones, were to be created or modified, either increased or decreased, this change could be reflected in the sale price of the products.

PROMOTIONAL CODES

Promotional codes may be offered by the SELLER and at his various partners at the time of ordering.

The codes are only valid for the products specified on the SITE. A code can be used only once per person and is not refundable. Promotional codes are not cumulative.

In order to benefit from a promotional code, it is imperative to enter it in the field reserved for this purpose when placing an order on the SITE. In case of forgetfulness on the part of the BUYER, the SELLER will not be able to cancel the order nor renew it to take into account this promotion.

Promotional codes are only valid during the periods given by the SELLER and at its partners.

PAYMENT METHODS

To settle his order, the BUYER has at his disposal, all the payment methods provided by the SELLER and listed on the SITE.

The BUYER guarantees to the SELLER that he has the necessary authorizations to use the payment method chosen by him, at the time of validating the order form.

The SELLER reserves the right to suspend any order management and any delivery in case of refusal of payment authorization by credit card from officially accredited organizations or in case of non-payment. The SELLER notably reserves 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 ongoing.

Payment of the price is made in cash at the time of order, except for account customers who have deferred payment authorization. Payment by bank card is debited from the customer's account to credit the seller's account within a period of 24 hours, whether the order is available or pending restocking or for a product on order.

Payments made by the BUYER will only be considered final after the effective collection of the amounts due, by the SELLER.

For orders not made through the website, or for direct sales in the store:

Any invoice not paid by the due date will be increased by interest at a rate three times that of the legal interest, calculated per month of delay until the day of final payment. In addition to the initial amount due, a flat-rate compensation of 10% of the total invoice amount, as a penalty clause, will also be added, without prejudice to any costs and fees that may be incurred for the recovery of the debt. These interests and penalties will be payable by right from the day following the payment date indicated on the invoice, upon simple request of the SELLER, without prejudice to any other action that it would be entitled to take on this account against the BUYER.

Regarding recovery costs and in accordance with Article L.441-6 of the Commercial Code, any professional BUYER in a situation of late payment will be automatically indebted to the SELLER, for a flat-rate recovery fee set at €40.

In the event of non-payment of a due invoice or change in the financial and/or legal situation of the BUYER that may threaten the recovery of its debt, all the SELLER's claims against the BUYER will become immediately due, including those that are not due, regardless of the agreed payment method and without the need for a formal notice.

CANCELLATION / SUSPENSION OF ORDER BY THE SELLER

The SELLER may suspend or cancel an order at any time in case of non-compliance by the BUYER with his payment obligations and/or any other obligation towards the SELLER. The cancellation of the order is automatic and does not entitle you to any refund.

The SELLER will inform the BUYER of the cancellation or suspension of the order in writing.

WITHDRAWAL

In accordance with the provisions of the consumer code, the BUYER has a period of 14 working days from the date of delivery of his order, to return any item that does not suit him and request an exchange or refund without penalty, except for return costs which remain at the expense of the BUYER.

The SELLER must provide the BUYER with a withdrawal form before the conclusion of the contract.

This right of withdrawal is excluded for products made at the request of the BUYER or clearly personalized; out of stock products and those indicated as ON ORDER, therefore specifically ordered for the BUYER, products that cannot be separated from other items, promotional products, products that cannot be checked upon return (KLI / KIG / KIX / KLA / KLN / KLF as well as motors, motorization kits, pre-paired kits) and second-hand items (used products).

However, the products must be returned in their original packaging and in perfect condition within 14 days of the notification to the SELLER of the BUYER's decision to withdraw. Returns must be made in their original and complete condition (packaging, accessories, instructions...), in their original packaging not taped differently than originally, allowing their resale in new condition, accompanied by the purchase invoice. Damaged, soiled or incomplete products are not accepted.

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

In the event of exercising the right of withdrawal within the aforementioned period, the price of the product(s) purchased and the delivery charges are refunded. The exchange (subject to availability) or refund will be made within a period of 14 days from the receipt, by the SELLER, of the decision to withdraw provided that the returned products are received by the BUYER under the conditions set out above. No refund can be made before the products have been returned to the SELLER, intact and in their original packaging.

The return must be shipped no later than within a period of 14 business days after its acceptance, the date on the return label being proof. In case of shipment after this period, the return will be refused and the product will remain at the customer's disposal.

In the event of a product return to our premises at your initiative, the said product will be examined and tested by our technical service. If it does not meet our return criteria, is damaged, installed, paired, etc... the refusal of the return will be notified and justified to you. As the product is yours, you will have to pay us shipping costs so that we can send it back to your home. Otherwise, the product will be considered abandoned after a period of 15 days from the day of receipt of the return at our premises, and will be disposed of. No claims will be accepted after this period.

If the SELLER is responsible for the return (non-compliant order, defective products), the SELLER will refund the full amount of the order as well as the delivery and return costs of the products. The refund will occur within a period of 14 days, subject to the receipt of the product by the Seller, by bank transfer (bank details to be sent by email with your refund request).

In accordance with Article L. 242-4 of the Consumer Code, when the professional has not refunded the amounts paid by the consumer, the amounts due are automatically increased:
- of the legal interest rate if the repayment occurs no later than 10 days after the expiration of the 14-day period mentioned above,
- by 5% if the delay is between 10 and 20 days,
- by 10% if the delay is between 20 and 30 days,
- by 20% if the delay is between 30 and 60 days,
- 50% between 60 and 90 days,
- and an additional five points per new month of delay up to the price of the product, then the legal interest rate.

DELIVERY TIMES

Except in cases of force majeure and subject to availability (excluding products being restocked indicated as such when ordering, or products on order), the ordered products will be shipped within a maximum of 96 hours from the date of registration of the order indicated on the order confirmation email.

Products that are out of stock or on order will be shipped within a maximum of 96 hours after receiving the products in our premises.

In all cases and regardless of the chosen mode of transport, delivery may be delayed and cause inconvenience. No financial compensation can be claimed for delays less than 31 days.

Delivery is only made after confirmation of payment by the SELLER's banking institution.

The SELLER's closing periods, vacation periods, etc. are indicated on the homepage of the website. https://www.retak.eco/en/. During these periods, delivery times are updated on the delivery page and specified to the BUYER.

The BUYER must inform the SELLER as soon as possible if their package is not received within a reasonable timeframe.

For any delivery outside Metropolitan France, it will be necessary to inquire with customer service beforehand.

In case of non-compliance with the agreed delivery deadline, the BUYER must, before terminating the contract, order the SELLER to execute it within a reasonable additional period. If not executed by the end of this new period, the BUYER may freely terminate the contract. The BUYER must complete these successive formalities by registered letter with acknowledgement of receipt or by writing on another durable medium. The contract will be considered as terminated upon receipt by the SELLER of the letter or document informing him of this resolution, unless the professional has executed it in the meantime. However, the BUYER may immediately terminate the contract, if the dates or deadlines mentioned above are essential conditions of the contract for him. In this case, when the contract is terminated, the SELLER is obliged to refund the BUYER all the amounts paid, no later than 5 days after the date on which the contract was denounced.

DELIVERY TIME CLAIM CLAUSE:

For any complaint regarding the delivery time, we recommend you to send us a registered letter with acknowledgment of receipt in order to ensure optimal traceability of exchanges.

Please note that this process can only be initiated from the 31st working day following the date of your order.

The registered letter must imperatively contain the following information:

• The object of your request.
• Your full details (name, first name, address, phone number, email address).
• Your customer number as well as the number of the concerned order.

The absence of any of these information could result in a delay in the processing of your claim or an inability to process it.

Any compensation can only be validated after the conclusion of the investigation conducted by the carrier. If this investigation concludes that the package is abnormal and/or lost, then compensation may be considered. However, this can in no case exceed the amount of the delivery charges associated with the concerned order. It should be noted that the investigation times with carriers are usually from 1 to 4 weeks.

DELIVERY TERMS

The ordered products are delivered with carriers approved by the SELLER (LA POSTE, COLISSIMO, CHRONOSPOST, GLS, TNT, DHL, MONDIAL RELAY, DPD, SOBOTRAM, EXAPAQ etc...) depending on the size and weight of the ordered products and at the exclusive initiative of the SELLER. The SELLER reserves the right to split shipments and to change carriers for an equivalent service. Deliveries can, in exceptional cases, be delivered to pick-up points when home access is not possible without any compensation being requested.

The products are delivered to the address indicated by the BUYER on the order form, the BUYER must 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, upon request, receive an invoice at the billing address and not at the delivery address, by validating the option provided for this purpose on the order form.

For parcel deliveries: The BUYER must check their package in the presence of the delivery person, and refuse it in case of a damaged package, missing packages or products, or damaged products without signing for receipt. Any acceptance of the package is considered final and without reservations.

However, in the specific case of a contactless delivery, validated by the carrier and left at your request, an exception is granted. You then have a period of 24 hours after opening the package to report any damage or problem. Beyond this period, no claims can be considered. It is therefore essential to open and carefully examine the contents of the package as soon as possible after its receipt in the context of a contactless delivery.

For deliveries in multiple packages and pallets: The BUYER must indicate on the delivery note / transport slip / courier's pad and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, product missing compared to the delivery note, damaged package, broken products...) observed. This verification is considered as carried out as soon as the BUYER, or a person authorized by him, has signed the delivery note. The BUYER must then confirm these reservations to the carrier by registered letter no later than two working days following the receipt of the item(s) and send a copy of this letter in writing to the SELLER at the address indicated in the legal notices of the SITE.

RETENTION OF TITLE CLAUSE

The products remain the property of the SELLER until their full payment.

RISK TRANSFER

The BUYER is responsible for the products as soon as they take possession of them.

LEGAL WARRANTY OF CONFORMITY AND LEGAL WARRANTY AGAINST HIDDEN DEFECTS

COMMERCIAL WARRANTY

The products sold are also covered by a commercial warranty aimed at ensuring their compliance and guaranteeing the refund of the purchase price, replacement or repair of goods. It does not cover defects caused by abnormal or faulty use or resulting from a cause unrelated to the intrinsic qualities of the products. The above provisions are not exclusive to the application of the legal warranty of conformity of article L. 217-4 of the consumer code and the warranty of defects of the thing sold under articles 1641 and following of the civil code.

The BUYER is expressly informed that the SELLER is not the producer of the products presented in the sense of law no. 98-389 of May 19, 1998, relating to liability for defective products.

The products and the parts VELUX are guaranteed by VELUX directly, under conditions and for durations provided by VELUX FRANCE, in accordance with the regulations.

BUY OTHER THAN ONLINE ?

Only by coming to the store.

CHAT ASSISTANCE

We provide our customers with a support and installation assistance service for our products through an online chat, designed to offer a quick and efficient response. In general, our teams respond within a few minutes, allowing customers to benefit from immediate assistance when they need it. However, we would like to emphasize that the response time may vary depending on seasonality and the number of requests received. During peak periods, the response time may be longer, but rest assured that we strive to handle each request with the utmost diligence.

It is important to note that our support service is exclusively accessible through online chat. However, in special cases and with express agreement obtained through chat, we can also offer telephone support for more personalized assistance. However, before setting up telephone support, a preliminary step through the chat is essential to assess the specific nature of the help required.

We would like to emphasize that this support service, whether via chat or possibly by phone, is completely free. However, we would like to insist that it is in no way a contractual obligation on our part. Customers are free to choose whether or not they wish to benefit from this service, depending on their preferences and needs.

Furthermore, we would like to remind that the advice provided by our support team cannot be considered as contractually binding. While we strive to provide accurate and relevant information, it is the customer's responsibility to ensure that the advice given is suitable for their particular situation and specific installation. In case of diagnostic error or inadequacy of the advice, our company declines all responsibility for any potential damage or harm resulting from their implementation.

Our main objective is to best assist you in the installation of our products and to provide you with quality support. However, it is essential to keep in mind that our advice remains suggestions and general information, and they cannot in any case be considered as an absolute guarantee of success in all individual situations. We remain committed to offering you an efficient and reliable support service, respecting these fundamental principles.

SELLER'S INSURANCES

RETAK is insured in PROFESSIONAL MULTIRISK.

FORCE MAJURE

All circumstances beyond the control of the parties preventing the normal performance of their obligations are considered as grounds for exemption from the parties' obligations and result in their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as their disappearance. All facts or irresistible circumstances, external to the parties, unpredictable, unavoidable, independent of the will of the parties and which cannot be prevented by them, despite all reasonably possible efforts, will be considered as cases of force majeure. Expressly, are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the stoppage of telecommunication networks or difficulties specific to external telecommunication networks to customers.
The parties will come together to examine the impact of the event and agree on the conditions under which the contract will be continued. If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party.

INTELLECTUAL PROPERTY

The content of the WEBSITE (names of products that are not those of the manufacturer, product composition, product descriptions and details, technical documents, drawings, photographs, etc.) remains the property of the SELLER, who is the sole holder of intellectual property rights on this content.

The BUYER commits to not use this content in any way; any total or partial reproduction of this content is strictly prohibited and is likely to constitute an infringement offense.

INFORMATION AND FREEDOMS

The personal data provided by the BUYER is necessary for processing their order and issuing invoices.
They can be communicated to the SELLER's partners in charge of the execution, processing, management and payment of orders. The processing of information communicated via the SITE has been declared to the CNIL.
The BUYER has a permanent right of access, modification, correction and opposition regarding the information concerning him. This right can be exercised under the conditions and according to the modalities defined on the SITE.

PARTIAL NON-VALIDATION

If one or more stipulations of these general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain their full force and scope.

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 should not be interpreted for the future as a waiver of the obligation in question.

TITLE

In case of interpretation difficulty between any of the titles at the head of the clauses, and any of the clauses, the titles will be declared non-existent.

CONTRACT LANGUAGE

The present general sales conditions are written in French. In the event that they are translated into one or more foreign languages, only the French text would be authoritative in case of dispute.

MEDIATION

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 case of dispute.

APPLICABLE LAW

The present general conditions are subject to the application of French law, excluding the provisions of the Vienna Convention. This applies to both substantive and formal rules.
In case of dispute, only the COMMERCIAL COURT of BOURG EN BRESSE has jurisdiction.

APPENDIX 1 - PROVISIONS RELATING TO LEGAL GUARANTEES

Article L217-4 Consumer Code
The seller delivers a good in accordance with the contract and is responsible for any non-conformity defects existing at the time of delivery.
He is also responsible for non-compliance defects resulting from the packaging, assembly instructions or installation when this has been put under his responsibility by the contract or was carried out under his responsibility.

Article L217-5 Consumer Code
The property is in accordance with the contract:
1° If it is suitable for the use usually expected of a similar good and, if applicable:
- if it matches the description given by the seller and has the qualities that they presented to the BUYER in the form of a sample or model ;
- if it possesses the qualities that a buyer can legitimately expect in relation to the public statements made by the seller, the producer or his representative, particularly in advertising or labeling ;
2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the BUYER, made known to the seller and which the latter has accepted.

Article L217-12 Consumer Code
The action resulting from the lack of conformity is prescribed after two years from the delivery of the good.

Article L217-16 Consumer Code
When the BUYER requests the seller, during the course of the commercial warranty that was granted to him during the purchase or repair of a movable property, a restoration covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the request for intervention by the BUYER or the making available for repair of the property in question, if this provision is later than the request for intervention.

Article 1648 Civil Code
The action resulting from latent defects must be brought by the buyer within a period of two years from the discovery of the defect.
In the case provided for by Article 1642-1, the action must be brought, under penalty of foreclosure, within the year following the date on which the seller can be discharged from apparent defects or non-conformities.

Article 1641 Civil Code
The seller is bound by the warranty for hidden defects in the item sold that render it unfit for the use for which it is intended, or that so significantly reduce this use that the BUYER would not have acquired it, or would have paid a lower price, if they had known about them.