Terms and Conditions of Sale

These terms and conditions of sale are concluded on the one hand by the company EXKOIT S.A.S. with a share capital of 10,000 € whose registered office is located at 8 quai Armez, 22000 Saint-Brieuc, registered in the Trade and Companies Register of Saint-Brieuc under number 89141899800011 hereinafter referred to as "EXOKIT" and managing the site www.exokit-van.com and, on the other hand, by any natural or legal person wishing to make a purchase via the website www.exokit-van.com

Article 1. Definitions

For the purposes of these general conditions of sale, the terms mentioned in this section shall have the meaning given to them below:

EXOKIT: the company designated at the top of these terms and conditions
1. Consumer: any natural person who acts for purposes which do not fall within the scope of his commercial, industrial, artisanal or liberal activity.
1. Professional: any natural or legal person who acts for purposes falling within the scope of his commercial, industrial, artisanal or liberal activity.
1. Buyer, Customer: any person making a purchase of EXOKIT products under these general conditions of sale, whether he is a Professional or a Consumer
1. Website: the website accessible at the following address: www.exokit-van.com
1. Products: any item purchased from EXOKIT via the Website, by telephone or fax, or at EXOKIT's points of sale.

Article 2. Purpose

The purpose of these terms and conditions of sale is to define the contractual relationship between EXOKIT and the buyer and the conditions applicable to any purchase made through the website www.exokit-van.com . The acquisition of a product through this site implies unreserved acceptance by the buyer of these terms and conditions of sale, of which the buyer acknowledges having read prior to his order. Before any transaction, the Buyer declares to have full legal capacity, allowing him to commit himself under these general conditions of sale.

The company EXOKIT reserves the right to modify these terms and conditions of sale at any time, in order to comply with any new regulations or to improve the use of its site. Therefore, the applicable conditions will be those in force on the date of the order by the buyer.

Article 3. Products

The products offered are those listed on the website www.exokit-van.com of the company EXOKIT within the limits of available stocks. EXOKIT reserves the right to modify the assortment of products at any time. Each product is presented on the website in the form of a description listing its main technical characteristics (capacity, use, composition, etc.). The photographs are as faithful as possible but do not commit the Seller in any way. The sale of the products presented on www.exokit-van.com is intended for all buyers residing in countries that fully authorize the entry of these products into their territory.

Article 4. Prices

The prices appearing on the product sheets of the internet catalog are prices in Euros (€) all taxes included (TTC) taking into account the VAT applicable on the day of the order. Any change in the VAT rate may be reflected in the price of the products. EXOKIT reserves the right to modify its prices at any time, it being understood that the price appearing in the catalog on the day of the order will be the only one applicable to the buyer. The prices indicated do not include delivery costs, which are invoiced in addition to the price of the products purchased according to the amount and total weight of the order.

Article 5. Order and payment terms

Before any order, the Buyer can create a personal account on the site. The account creation section is directly accessible from the menu bar. For each visit, the Buyer, if he wishes to order or consult his account (order status, profile, etc.), will have to identify himself using this information. The buyer also has the possibility of placing an order without prior creation of a personal account. In the latter case, the Buyer will be able to consult the status of his order(s), without being able to modify the data provided when placing the order (name, addresses, etc.).

The company EXOKIT offers the buyer to order and pay for his products in several stages, with 3 payment options to choose from:

Payment by bank transfer

The Buyer selects the products he wishes to order in the "cart", modifies if necessary (quantities, references…), checks the delivery address or enters a new one. Then, the shipping costs are calculated and submitted to the buyer, as well as the name of the carrier. Then, the buyer chooses the payment method of his choice: "Payment by transfer". Finally, the last step offers him to check all the information, read and accept these general conditions of sale by checking the corresponding box, then invites him to confirm his order by clicking on the "Confirm my order" button. This last click forms the final conclusion of the contract. Upon validation, the buyer receives a first e-mail confirming the registration of his order and a second containing the payment information below. In order to finalize his payment and trigger the processing of his order, the buyer must make the transfer corresponding to the amount of his order to the EXOKIT bank account whose details are communicated to the buyer. Upon receipt of the transfer, the order will be processed and the buyer will be informed by e-mail. EXOKIT will ship the products at the earliest 2 working days after receipt of the transfer corresponding to the order, subject to provisions.

Secure payment by Paypal

The Buyer selects the products he wishes to order in the "cart", modifies if necessary (quantities, references, etc.), checks the delivery address or enters a new one. Then, the shipping costs are calculated and submitted to the buyer, as well as the name of the carrier. Then, the buyer chooses the payment method of his choice: "Payment by Paypal". The next step offers him to check all the information, read and accept these general conditions of sale by checking the corresponding box, then invites him to confirm his order by clicking on the "Confirm my order" button. Finally, the buyer is redirected to the secure PAYPAL interface to safely enter his Paypal account references or personal credit card. If the payment is accepted, the order is registered and the contract definitively formed. Payment by Paypal account is irrevocable. In case of fraudulent use thereof, the buyer may demand the cancellation of the card payment, the sums paid will then be re-credited or refunded. The responsibility of a credit card holder is not engaged if the disputed payment has been proven to be fraudulently made, remotely, without physical use of his card. To obtain reimbursement of the fraudulent debit and any bank charges that the operation may have generated, the cardholder must dispute, in writing, the debit with his bank, within 70 days following the operation, or even 120 days if the contract binding him to it provides for it. The amounts debited are reimbursed by the bank within a maximum of one month after receipt of the written dispute formed by the holder. No costs for the return of sums may be charged to the holder.

Payment by Bank Cheque

Payment by bank cheque only is accepted for any order exceeding €1,000. Personal bank cheques are not accepted.

Confirmation of an order implies acceptance of these terms and conditions of sale, recognition of having perfect knowledge of them and waiver of the right to invoke its own terms and conditions of purchase. All the data provided and the recorded confirmation will constitute proof of the transaction. If the buyer has an e-mail address and has provided it on his order form, the company EXOKIT will send him by e-mail confirmation of the registration of his order.

Article 6. Retention of title

The company EXOKIT retains full ownership of the products sold until full payment of the price, in principal, costs and taxes included.

Article 7. Withdrawal, return, exchange

7.1. Legal right of withdrawal applicable to Consumers only, for distance sales.

Under Article L221-19 of the Consumer Code, the buyer has a period of fourteen working days from the delivery of their order to exercise their right of withdrawal and thus return the product to the seller for exchange or refund without penalty, with the exception of return costs.

The Customer cannot benefit from this right of withdrawal for:

fitted-out kits that have been assembled (cut, glued, drilled)
Products that have been manufactured according to his specifications or that are clearly personalized;
Products that have been unsealed by the Customer after delivery and that cannot be returned for reasons of hygiene or health protection,

7.3. Contractual right of withdrawal applicable to Professionals for distance sales and to Consumers and Professionals for purchases in points of sale.

In addition to the exclusions indicated in article 6.1 above, you cannot exercise your contractual right of return for:

a product you have used or tested;
a product that has been unsealed;
a product that is not in its original packaging or, if still in its original packaging, has been modified, damaged or is incomplete.

Article 8. Delivery

Deliveries are made to the address indicated on the order form, which can only be within the agreed geographical area. Depending on the quantity, volume and weight of the products making up the order, different options indicating the delivery terms (price, time, carrier name, etc.) are offered to the Customer when finalizing the order on the site. www.exokit-van.com. In the event of unavailability of the chosen option, for whatever reason, EXOKIT reserves the right to choose another delivery option to ensure delivery in the best possible conditions. Delivery times are given for information only. The company EXOKIT or the delivery service providers may provide the Buyer with the tracking number of his package by e-mail. In the event of the Buyer's absence during delivery, the service provider ensuring delivery will either make a second delivery attempt, or the package will be made available to the Customer at the nearest post office or parcel point for collection as soon as possible. In the latter case, the Customer will be informed by a message that the carrier will leave in his mailbox, with the date and place of collection.

Article 9. Transfer of risks

In the case of distance sales, the transfer of risks on the Products is the responsibility of the acquirer from the moment the items leave the premises of the EXOKIT company. The buyer is required to check, in the presence of the delivery person, the condition of the packaging of the goods and their contents upon delivery. In the event of damage during transport, any protest must be made to the carrier within three days from the delivery date.

In the case of sales made in EXOKIT physical points of sale, the transfer of risks on the Products passes from EXOKIT to the Customer when the latter takes possession of the Product(s).

10. Force Majeure

EXOKIT's liability cannot be engaged if EXOKIT is temporarily or definitively unable to fulfill its obligations under these GTC in the event that EXOKIT's inability to fulfill its obligations was caused by an event of force majeure. The notion of force majeure has the meaning given to it in Article 1218 of the Civil Code. Thus, any event preventing EXOKIT from fulfilling its obligations, which is an event beyond EXOKIT's control, which could not reasonably have been foreseen at the time of the conclusion of the contract and whose effects cannot be avoided by appropriate measures, must be considered as an event of force majeure.

Article 11. Warranty

11.1. Commercial warranty

Any EXOKIT Customer benefits from a free commercial warranty of twelve (12) months from the date of purchase of the Product in metropolitan France.

The commercial warranty covers any repair for a period of twelve months in the event that the Products are defective. This commercial warranty does not apply in cases of normal wear and tear related to time, or damage resulting from all kinds of accidents or misuse. In the event that the Customer repairs or alters the Products himself without EXOKIT's prior written consent, this commercial warranty will not be applicable.

All claims, requests for exchange or refund must be made by post to the following address: EXOKIT SAS, After-sales service, 8 quai Armez, 22000 Saint-Brieuc or by e-mail to: contact@exokit-van.com , within thirty days after delivery.

For Consumers only: In accordance with Article L.217-16 of the Consumer Code, when the buyer requests from the seller, during the commercial warranty granted to him during the acquisition or repair of a movable good, a repair 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 buyer's request for intervention or the making available for repair of the good in question, if this making available is subsequent to the request for intervention.

11.2. Manufacturer's warranty

Some Products sold by EXOKIT are manufactured by third parties and may therefore be accompanied by an additional manufacturer's warranty. If this is the case, EXOKIT invites its Customers to contact the manufacturer directly to implement this warranty. For any additional information, please refer to the warranty document included in the Product packaging.

Please note that these warranties (Commercial Warranty and Manufacturer's Warranty) apply without prejudice to the warranty against hidden defects of the thing sold, under the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code, for which EXOKIT is liable to all its Customers; and the legal warranty of conformity mentioned in Articles L.217-4 to L217-13 of the Consumer Code for which EXOKIT is liable to Consumers only. The rights concerned are detailed below.

11.3. Applicable legal warranties

11.3.1. Warranties applicable to Professionals only

EXOKIT is liable to Professionals for legal warranties that cannot be legally excluded under applicable law. With the exception of these and the commercial warranty set out above, EXOKIT grants no other warranty and excludes all liability in this regard.

11.3.2. Guarantees applicable to Consumers only

As a Consumer, French law grants the following legal guarantees.

11.3.2.1. Legal guarantee of conformity

The Consumer Code offers the following guarantees to Consumers:

In accordance with Article L. 217-4 of the Consumer Code, the seller is obliged to deliver goods that conform to the contract and is liable for any defects in conformity existing at the time of delivery. They are also liable for defects in conformity resulting from packaging, assembly instructions, or installation when the latter was carried out under their responsibility or was part of the contract. In accordance with Article L. 217-5 of the Consumer Code, for goods to conform to the contract, they must:

1. Be fit for the purpose ordinarily expected of similar goods and, where applicable:

match the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
possess the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or their representative, particularly in advertising or labeling.

2. Or present the characteristics mutually agreed upon by the parties or be fit for any special purpose sought by the buyer, brought to the seller's attention and accepted by the latter.

In accordance with Article L. 217-8 of the Consumer Code, the buyer is entitled to demand conformity of the goods to the contract. However, they cannot contest conformity by invoking a defect that they knew or could not have been unaware of at the time of contracting. The same applies when the defect originates from materials they themselves supplied.

In accordance with Article L. 217-12 of the Consumer Code, actions arising from a lack of conformity are time-barred after two years from the delivery of the goods.

In the event of a lack of conformity, the Consumer may choose between repair or replacement of the goods, in accordance with Article L. 217-9 of the Consumer Code. However, EXOKIT may choose not to proceed according to the Consumer's choice if that choice entails a cost that is manifestly disproportionate to the other option, considering the value of the Products or the significance of the defect.

If repair or replacement of the Product is impossible, the Consumer may choose between a partial refund or termination of the contract, in accordance with Article L. 217-10 of the Consumer Code.

During the 24 months following the delivery of the Products ordered, the Consumer is exempt from having to prove the existence of the lack of conformity.

11.3.2.2. Guarantee against hidden defects

The Consumer may also exercise the guarantee against hidden defects of the sold item as provided for in Article 1641 of the Civil Code.

In accordance with Article 1641 of the Civil Code, the seller is bound by the warranty against hidden defects of the sold item that render it unfit for its intended use, or that diminish that use so significantly that the buyer would not have acquired it, or would have paid a lower price for it, had they known of the defects.

In this event, the Consumer may choose between rescinding the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.

In accordance with Article 1648, paragraph 1 of the Civil Code, legal action resulting from hidden defects must be brought by the buyer within two years from the discovery of the defect.

Article 12. Liability

12.1 Risks during installation

EXOKIT shall not incur any liability for any indirect damages or costs related to an unsuitable environment for the product, or arising from improper use or inability to use the product, whether for sales of conversion kits or sales of converted vehicles.

The EXOKIT company disclaims all liability and cannot be held responsible for incidents or accidents that occur during the installation or use of the kit in the vehicle.

Indeed, it is the responsibility of the person performing the assembly to wear appropriate personal protective equipment for the work. The person must assess their ability to perform the work and observe all safety rules related to the assembly operations of the kit and the preparation of the vehicle.

It is the user's responsibility to have the vehicle checked by a certified body to ensure that the installation complies with recreational vehicle standards, particularly EN 1646-1 / EN 721 / EN 1648-2 / EN1949. A minor type change, and thus a change in the vehicle registration document, must then be carried out after verification by the competent DREAL. A vehicle sold converted by EXOKIT may be supplied with a combined sink and stove, but under no circumstances will this be connected to gas. EXOKIT disclaims all responsibility regarding the use of gas; it is up to the person performing the gas connection to have their vehicle inspected by an approved organization such as Qualigaz or Veritas and then proceed with its VASP homologation with the DREAL.

12.2 Risks during use

The various EXOKIT conversion models have been successfully tested. Nevertheless, there may be differences in assessment between two certifying bodies' offices.

Therefore, purchasing an EXOKIT kit in no way grants special permission to have your vehicle homologated.

EXOKIT cannot be held responsible for an accident involving an element of a Kit, whether this event is road-related or during camping use. By assembling your kit yourself, or by purchasing a converted vehicle, you accept full responsibility for its use. You attest that you have become aware of the risks associated with its use and you comply with the rules of caution and maintenance for each element of the kit and the motorhome thus formed.

Article 13. Intellectual Property

All elements of the website www.exokit-van.com are and remain the intellectual and exclusive property of the EXOKIT company. No one is authorized to reproduce, exploit, or use for any purpose whatsoever, even partially, elements of the site, whether in the form of photos, logos, visuals, or text.

Article 14. Personal Data

The EXOKIT company undertakes to maintain the confidentiality of information provided by the buyer, which they may transmit for the use of certain services. Any information concerning them is subject to the provisions of Regulation No. 2016/679, known as the General Data Protection Regulation (GDPR). As such, the internet user has a right to access, modify, and delete information concerning them. They can make this request at any time by email to contact@exokit-van.com .

If the Customer no longer wishes to receive news and solicitations (by phone, SMS, postal mail or email) and invitations, they have the option to inform EXOKIT by simply sending an email to contact@exokit-van.com . The same applies if they do not wish to receive news, invitations or promotional offers from our partners.

Article 15. Dispute Resolution

These distance selling conditions are subject to French law. For all disputes or litigation, the competent court will be that of Saint-Brieuc.