General Sales Conditions
ROUGE ENGINEERED DESIGNS is a simplified joint stock company, with share capital of €16,666, whose head office is located at 60, Quai Perrache – 69 002 LYON, and registered in the trade and companies register under number 840 702 609 RCS LYON (hereinafter “RED”).
RED operates in the sector of wholesale trade (inter-company trade) of electrical lighting equipment for cultivation (the “Products”), as well as associated services and software solutions, allowing market garden producers, following dedicated subscription, to activate and configure hardware functionalities, program resource consumption, benefit from automated recipes based on their culture and optimize their objectives (the “Services and Solutions”).
The description of the Products offered by RED is detailed in the commercial brochure, which can be consulted on the website accessible at the address www.horticulture.red and/or all suffixes and/or access fields which refer to it, as well as in the precautions for use appearing in the specific instructions for use accompanying the sale of any Product (the “Precautions for Use”).
THE PRODUCTS OFFERED BY RED CONSIST OF INDICATIVE ASSISTANCE TO MARKET GARDENING PRODUCERS IN THE CONTEXT OF MONITORING THEIR CULTURE. THEY CANNOT IN ANY CIRCUMSTANCES REPLACE THE NECESSARY MANAGEMENT AND/OR MONITORING THAT MUST BE ENSURED, IN ALL SITUATIONS, WITH REGARD TO THE NEEDS ASSOCIATED WITH EACH CULTURE CONSIDERED.
These general conditions of sale (the “CGV”) constitute, with the commercial brochure, consultable on the website accessible at the address www.horticulture.red and/or all suffixes and/or access fields which refer to that These, and the Precautions for Use appearing in the specific instructions for use attached to the Products, are mandatory contractual provisions. The General Terms and Conditions set out the terms and conditions for the purchase, by any Customer, of Products distributed by RED.
The general conditions of service, subscription and use of the Services and Solutions offered by RED are set by separate conditions. The General Conditions of Sale therefore do not include or relate to the Services (governed by the general conditions of service [CGS] of RED), nor to the Solutions offered by RED (governed by the general conditions of subscription and use [ CGAU] of RED).
PLEASE READ THE CGV VERY CAREFULLY BEFORE ANY PURCHASE OF PRODUCTS. FOLLOWING ACCEPTANCE, THE CGV BIND THE CUSTOMER TO RED, IN ACCORDANCE WITH THE CONDITIONS DEFINED BELOW.
RED recommends that the Customer, upon receipt of the durable support which will be sent to it, following acceptance of the General Terms and Conditions, record and keep a digital version of them.
1. PRELIMINARY PROVISIONS – DEFINITIONS
1.1. The General Terms and Conditions represent the contract concluded between RED and the Customer. They are applicable to all sales of Products. The General Terms and Conditions are attached to any RED purchase offer. The Client therefore acknowledges having had the necessary time to think about the terms thereof, before committing. The General Conditions of Sale contain information and textual information, including in particular:
– The identity of RED, its postal and electronic contact details, its activities;
– The price of the Products, following reference to the commercial brochure available on the website accessible at the address www.horticulture.red and/or any suffixes and/or access fields which refer to it;
– The payment terms linked to the purchase of the Products, in particular via the Payment Intermediary;
– The validity period of the Product offers, – the legal guarantees attached to the Products.
1.2. CUSTOMER DEFINITIONS: designates the market garden producer, who purchases one or more Product(s), in accordance with the attached Precautions for Use, and who can benefit, following subscription with RED, from the Services and Solutions, under the conditions defined in Offer and separate general conditions of services, subscription and use, following dedicated subscription. The Customer who wishes to subscribe to the Services and Solution must therefore place an order separately with RED. The Customer means an establishment in the legal sense of the term (individually identified by a SIRET number – company, subsidiary, branch, main establishment, secondary establishment, site, works council, etc.).The Customer is the sole co-contractor of RED.OFFRE: designates the commercial proposal from RED to the Customer relating to the sale of Products established by all means and in particular, by quote . The current General Conditions of Sale are attached to any offer, for acceptance by the Customer. ORDER: designates the Offer accepted by the Customer. DATA: designates all raw data such as, but not limited to, any information, questions, suggestion, remark, listings, protocols, studies, profile sheets, images, videos, files, reports, statements, graphic charters, tests, documents, results, etc., which RED may use, in the context of the sale of Products.PARTIES: designate RED and the Customer.The above terms are understood in the singular as well as the plural.
2. ABSENCE OF INTERMEDIATION FROM RED
2.1. RED does not provide any intermediation, nor can it be responsible, on any basis and on any date, for any interaction or transaction other than the sale of Products by RED to the Customer, upon acceptance of the dedicated Offer.
2.2. No provision of the General Conditions of Sale, nor any other agreement, can be deemed to place RED and the Customer within the framework of an association, company, GIE, a company as well as any legal or factual grouping or a relationship. agency or commercial representation, employee relationship, employees or the like. Neither RED nor the Client will have the right or authority to undertake anything likely to create any obligation for either of them.
3. SCOPE OF USE
3.1. THE PRODUCTS ARE NOT TOYS OR A GAME. RED draws the Customer’s attention to the fact that the Products:
– Do not work underwater;
– Must be used in strict compliance with the Precautions for Use;
– Do not in any way replace the safety equipment essential to the the planned activity, nor the safety instructions provided within the framework of said activity.
PRECAUTIONS FOR USE OF THE PRODUCTS APPEAR IN THE SPECIFIC INSTRUCTIONS FOR USE, ACCOMPANYING THE SALE OF ANY PRODUCT, AS WELL AS ON THE INTERNET SITE ACCESSIBLE AT THE ADDRESS WWW.HORTICULTURE.RED AND/OR ALL SUFFIXES AND/OR FIELDS OF ACCESS WHICH WOULD REFER TO THIS ONE.
3.2. No use of the Products is authorized outside of the Precautions for Use and the General Terms and Conditions.
4. PURCHASE OF PRODUCT(S) – NON-CONFORMITY – RETURN
4.1. Purchase of ProductsThe Customer can purchase a Product:- from RED:
1. on its online store, accessible at [email protected] a dedicated request. In this case, RED will send the Offer and a corresponding purchase order to the Customer, including the General Terms and Conditions, if the latter confirms their desire to purchase,
2. during all professional representations in which it participates (trade shows, fairs, points of sale, etc.); – with its other approved distributors. For any questions relating to the purchase of a Product, the Customer is invited to contact RED at the email address [email protected]. For any personalized request, the Customer is also invited to contact RED, at the same address. In such a case, RED will establish, upon receipt of the correlatively transmitted specifications, an adapted Offer.
4.2. Authenticity of information The Customer undertakes to transmit accurate and authentic information, as part of the purchasing procedure for the Product(s). It is therefore their responsibility to verify the accuracy of their order for Product(s) and to immediately notify RED of any error. All information provided by the Customer when taking the order commits the latter to RED, which cannot be held responsible for the consequences in the event of an error. Any request to modify the Customer’s order will be subject to the express agreement of RED.