ARTICLE 1 - Scope of application

The present General Conditions of Sale apply, without restriction nor reserve to the whole of the sales concluded by the limited liability company EXTER DIFFUSION (" the Salesman ") near consumers and nonprofessional purchasers (" the Customers or the Customer "), wishing to acquire the products proposed to the sale by the Salesman (" the Products ") on Internet site They specify in particular the conditions of order, payment, delivery and management of the possible returns of the Products ordered by the Customers.

The Products offered for sale on the website are the following:

- Material for sanding

- Material for the treatment soils

- Training

The main characteristics of the Products, including specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the website

The Customer is required to read them before placing an order.

The choice and purchase of a Product is the sole responsibility of the Customer.

The photographs and graphics presented on the website are not contractual and do not engage the responsibility of the Seller.

The Customer must refer to the description of each Product in order to know its properties and essential characteristics.

Product offers are subject to availability, as specified when the order is placed.

The Seller's contact information is as follows:


282, rue des Cistes

Company Center - Euro 92

06600 Antibes

Tel: 04 92 38 95 67

Fax : 04 93 95 09 68

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.

These Terms and Conditions of Sale are available at any time on the website and will prevail, if necessary, over any other version or any other contradictory document.

The Customer declares to have read the present General Terms and Conditions of Sale and to have accepted them by ticking the box provided for this purpose before the implementation of the online ordering procedure as well as the general terms and conditions of use of the website

These General Terms and Conditions of Sale may be subject to subsequent changes, the version applicable to the Customer's purchase is the one in force on the website on the date the order is placed.

In the absence of proof to the contrary, the data recorded in the Seller's computer system shall constitute proof of all transactions concluded with the Customer.

In accordance with the Data Protection Act of January 6, 1978, the Customer has, at any time, a right of access, rectification and opposition to all his personal data by writing, by mail and proving his identity, to :


282, rue des Cistes

Company Center - Euro 92

06600 Antibes

Tel: 04 92 38 95 67

Fax : 04 93 95 09 68

The validation of the order by the Customer implies acceptance without restriction or reservation of these General Conditions of Sale.

The Customer acknowledges having the capacity required to contract and acquire the Products offered on the website

The Products presented on the website are offered for sale in the following territories Metropolitan France, Corsica.

In the event of an order to a country other than metropolitan France and Corsica, the Customer is the importer of the Product(s) concerned, a transport quotation will be drawn up for him/her on the basis of an estimate prior to the placing of the order.

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 will be charged to and are the sole responsibility of the Customer.

The modifications of these General Conditions of Sale are opposable to the users of the Internet site from the date they are put online and cannot be applied to transactions concluded previously.

ARTICLE 2 - Ordering

It is up to the Customer to select on the website the Products he/she wishes to order, according to the following modalities:

- While browsing the different sections of the Website, the Customer can place the Products of his choice in his shopping cart by clicking on the "Add to cart" button. At any time and until confirmation of the total order, the Customer can change his mind, change the quantities and cancel one or more of the chosen Products.

Each of the steps necessary for the sale are specified on the Website.

Any information on the Products can be given, and any Order can also be placed by the Customer, in French or in English, directly to the Customer Service at 04 92 38 95 67 (toll free).

For any request for information or any Order, the Customer shall bear the telecommunication costs of accessing the Internet and using the Web Site, or of calling the Web Site's Customer Service.

Pursuant to the provisions of Article 1127-2 of the French Civil Code, the Customer shall have the opportunity to check the details of his or her Order and its total price and, if necessary, to correct or modify it before definitively confirming his or her Order to express his or her acceptance.

SARL EXTER DIFFUSION could not be held responsible for errors of seizure by the Customer, nor of their possible consequences in term of delay or error of delivery. In these assumptions, the expenses generated by a possible forwarding will be the responsibility of the Customer.

Once the contents of the shopping cart are validated, the Customer must :
- complete all the information requested, including those relating to the content and terms of payment;
- declare to accept without reserve the entirety of the General Conditions of Sale.

Validation of the Customer's Order implies acceptance of the prices and characteristics of the Products purchased by the Customer.

The contractual information is presented in French and is confirmed at the latest at the time of validation of the order by the Customer.

The offers of Products are valid as long as they are visible on the site, within the limits of available stocks.

The sale shall be considered final only after the Seller has sent the Customer confirmation of acceptance of the order by e-mail, and after the Customer has received the full price

For orders placed exclusively on the Internet, the registration of an order on the Provider's website is completed when the Customer accepts these Terms and Conditions of Sale by checking the box provided for this purpose and validates his order.

The Customer has the possibility to check the details of his order, its total price and to correct possible errors before confirming his acceptance (article 1127-2 of the Civil Code). This validation implies the acceptance of the entirety of the present General Conditions of Sale and constitutes a proof of the sales contract.

It is therefore the responsibility of the Customer to verify the accuracy of the order and to report any errors immediately.

Any order placed on the website constitutes the formation of a contract concluded at a distance between the Customer and the Seller.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over payment of a previous order.

The Customer will be able to follow the evolution of his order on the website by going to my account section if he has created an account beforehand or through a tracking link if he has not created a customer account.

Any changes to the order made by the Customer shall only be taken into account by the Seller within the limits of its possibilities and provided that they are notified by e-mail to the Seller within 24 hours of the initial order and before shipment.

To be valid, the modification must have been the subject of an acceptance and express confirmation by e-mail of its feasibility by our company, after questioning our suppliers.

Items that are on sale or under promotion cannot be modified.

No request for modification can be taken into account after the order has been shipped.

In the event that these modifications cannot be accepted by the Seller, the sums paid by the Customer will be returned to him within a maximum period of 8 daysFrom the notification of the impossibility to accept the modifications requested by the Customer (unless the Customer prefers to benefit from a credit note).

ARTICLE 3 - Rates

The Products are supplied at the current prices listed on the website, the prices are given in Euros, including VAT, at the time of the registration of the order by the Vendor. The prices are expressed in Euros, all taxes included.

The prices take into account possible discounts that would be granted by the Seller on the website

These rates are firm and non-revisable during their validity period, as indicated on the website, the Seller reserves the right, outside of this period of validity, to modify the prices at any time. They do not include the costs of processing, shipping, transportation and delivery, which are charged in addition, under the conditions indicated on the website and calculated before the order is placed.

The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.

Specific orders from the Customer may be considered. In this case, they will be the subject of an estimate previously accepted by the Customer. The estimates established by the Seller are valid for a period of 15 days,From their date of issue.

The order on estimate is regarded as accepted only after the payment of a deposit of 30% of the amount of the order. The payment of the balance of the order on estimate will have to be done before forwarding of the order.

An invoice is issued by the Seller and given to the Customer upon receipt of payment.

ARTICLE 4 - Terms of payment

The price is payable in cash, in full on the day the order is placed by the Customer, by secure payment, according to the following terms and conditions:

- by credit cards: Visa, Visa Electron, MasterCard, other blue cards, other cards mastercard

- by phone

- by Paypal

- by bank transfer.

- payment data is exchanged in encrypted mode

ARTICLE 5 - Deliveries

The Products ordered by the Customer will be delivered in Metropolitan France and Corsica within a shipping time indicated prior to the order and or on the Product sheet to which is added the time of processing and delivery to the address indicated by the Customer when ordering on the website

Delivery is the transfer to the Customer of physical possession or control of the Product.

Except in special cases or when one or more Products are unavailable, the Products ordered will be delivered at once.

The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the time limits specified above.

However, these deadlines are given as an indication.

If the ordered Products were not delivered within 30 days after the indicative date of delivery, for any other cause than the force majeure or the fact of the Customer, the sale will be able to be solved at the written request of the Customer under the conditions envisaged in the articles L 216-2 L 216-3 L241-4 of the Code of the consumption

The sums paid by the Customer will then be returned to him at the latest in the fourteen days following the date of denunciation of the contract, to the exclusion of any compensation or deduction.

The delivery by carrier is understood to be deposited in front of the customer's home, the latter must ensure the accessibility by truck type heavy carrier. The appointments communicated by the carrier are given at best on a time range of half a day.

Any difficulties of access according to the above-mentioned conditions or specificity of delivery as the zones of assemblies or the access in small size vehicle must be duly announced to the salesman who will communicate a specific tariffing of transport or reserves the possibility of cancelling the order if he does not find solutions of adapted transport.

Deliveries are made by an independent carrier, to the address given by the Customer at the time of the order and to which the carrier will have easy access.

When the Customer has called upon a carrier of his own choosing, delivery shall be deemed to have taken place as soon as the Products ordered have been handed over by the Seller to the carrier, who has accepted them without reservation.

The Customer therefore acknowledges that it is the carrier's responsibility to make the delivery and shall have no recourse against the Seller in the event of failure to deliver the goods transported.

In the event of a particular request by the Customer concerning the packaging or transport conditions of the ordered products, duly accepted in writing by the Seller, the related costs shall be subject to specific additional invoicing, based on an estimate previously accepted in writing by the Customer.

The Seller also offers free pickup in store, whose address is listed on the site on the contact page.

The Customer is required to check the condition of the products withdrawn by him/her on site and in the presence of the seller.

It has a period of 2 daysFrom the date of delivery to formulate by e-mail, , any reservations or claims for non-conformity or apparent defect of the delivered Products (for example damaged package already opened ...), with all related documents (photos in particular).

After this period and if these formalities are not respected, the Products shall be deemed to be in conformity and free of any apparent defect and no claim shall be validly accepted by the Seller.

The Seller shall refund or replace as soon as possible and at its own expense, the delivered Products whose defects of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the French Consumer Code and those provided for in these General Terms and Conditions of Sale (see guarantees, in particular).

ARTICLE 6 - Transfer of ownership - Transfer of risks

The transfer of ownership of the Seller's Products to the Customer shall only be made after full payment of the price by the latter, regardless of the date of delivery of said Products.

Regardless of the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto shall only be made when the Customer takes physical possession of the Products. The Products travel at the risk of the Seller.

ARTICLE 7 - Right of withdrawal

In accordance with the legal provisions in force, the Customer has a period of fourteen days from receipt of the Product to exercise his right of withdrawal from the Seller, without having to give any reason or pay any penalty, for the purpose of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within 30 days of the notification to the Seller of the Customer's decision to withdraw.

The returns are to be made in their original condition and complete (packaging, accessories, instructions ...) allowing their return to the market in new condition, accompanied by the purchase invoice.

Products damaged, soiled, with damaged packaging, not repackaged identically, poorly repackaged, not on a strapped pallet or incomplete are not included.

The right of withdrawal can be exercised online, using the withdrawal form available on the website, in this case, an acknowledgement of receipt on a durable medium shall be immediately communicated to the Customer by the Seller, or any other unambiguous statement expressing the will to withdraw.

In case of exercising the right of withdrawal within the above-mentioned period, only the price of the Product(s) purchased and the delivery costs will be reimbursed; the return costs will remain at the Customer's expense and under his full responsibility.

The exchange (subject to availability) or refund will be made within 10 days from the date of receipt by the Seller of the Products returned by the Customer under the conditions set forth in this article.

ARTICLE 8 - Seller's responsibility - Warranty

The Products sold on the website comply with the regulations in force in France and have performances compatible with non-professional uses.

The Products supplied by the Seller benefit by right and without additional payment, independently of the right of withdrawal, in accordance with the legal provisions :

- the legal guarantee of conformity, for the apparently defective, damaged or damaged Products or not corresponding to the order,

- the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and making them unfit for use,

under the conditions and according to the modalities mentioned in the box below and defined in the appendix to the present General Sales Conditions (Guarantee of Conformity / Guarantee of Hidden Defects).

It is recalled that under the legal guarantee of conformity, the Customer :

- has a period of two years from the delivery of the goods to act against the Seller;

- may choose between repairing or replacing the Product ordered, subject to the cost conditions provided for in Article L 217-9 of the Consumer Code;

- is exempted from proving the existence of the lack of conformity of the Product during the six months following the delivery of the Product. This period is extended to 24 months as of March 18, 2016, except for used goods.

The legal warranty of conformity applies independently of the commercial warranty that may cover the Product. The Customer may decide to implement the warranty against hidden defects of the Product in accordance with Article 1641 of the Civil Code; in this case, he/she may choose between the resolution of the sale or a reduction of the sale price in accordance with 1644 of the Civil Code.

In order to assert his rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within a maximum period of 2 days From the delivery of the Products or the existence of hidden defects within the above-mentioned deadlines and return or bring back to the store the defective Products in the state in which they were received with all the elements (accessories, packaging, instructions...).

Seller will refund, replace or repair Products or parts under warranty found to be non-conforming or defective.

Shipping costs will be reimbursed on the basis of the invoiced rate and return shipping costs will be reimbursed upon presentation of proof.

Refunds for Products found to be non-conforming or defective shall be made as soon as possible and no later than 30 days following the Seller's finding of the non-conformity or hidden defect.

The refund will be made by crediting the Customer's bank account or by bank check sent to the Customer.

The responsibility of the Seller shall not be engaged in the following cases:

- non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to check,

- in case of misuse, use for professional purposes, negligence or lack of maintenance by the Customer, as well as in case of normal wear and tear of the Product, accident or force majeure.

The Seller's warranty is, in any event, limited to the replacement or refund of Products that do not conform or are affected by a defect.

ARTICLE 9 - Information Technology and Civil Liberties

In application of the law 78-17 of January 6, 1978, it is recalled that the personal data which are requested from the Customer are necessary for the treatment of its order and the establishment of the invoices, in particular.

This data may be communicated to any of the Vendor's partners responsible for the execution, processing, management and payment of orders.

The processing of information communicated through the website has been declared to the CNIL.

The Customer has, in accordance with national and European regulations in force, a permanent right of access, modification, rectification and opposition with regard to the information concerning him.

This right can be exercised under the conditions and according to the methods defined on the website

ARTICLE 10 - Intellectual Property

The content of the website is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an infringement of copyright.

In addition, Seller retains ownership of all intellectual property rights in photographs, presentations, studies, drawings, models, prototypes, etc., made (even at Customer's request) for the purpose of providing the Services to Customer.

The Customer shall therefore refrain from reproducing or exploiting said studies, drawings, models and prototypes, etc., without the express, written and prior authorization of the Seller, which may be conditional on a financial consideration.

ARTICLE 11 - Unforeseen

The Parties have agreed, within the framework of the provisions of Article 1195 of the Civil Code, that a change in circumstances, such as a change in the price of a raw material, a change in the regulatory context, the change of economic paradigm of the market of the products marketed by SARL EXTER DIFFUSION surrounding the conclusion of an operation of sale of the products of the Salesman subjected to the present General Conditions of Sale and having for consequence to entrainer an increase or a rise in the price of 10% of the initial price of the basket will be entirely assumed by the Customer even if these risks would make the execution of its obligations excessively expensive for the Customer, all other risks being assumed by the other Party.

However, if the change in circumstances unforeseeable at the time of the conclusion of the contract is definitive or lasts for more than one month, the present contract will be purely and simply cancelled in accordance with the terms and conditions defined in the article "Cancellation for unforeseeability".

ARTICLE 12 - Enforcement in kind

In the event that either Party fails to fulfill its obligations, the Party suffering the default shall have the right to request the forced execution in kind of the obligations arising from the present contract. Notwithstanding the provisions of Article 1221 of the Civil Code, the creditor of the obligation may pursue such compulsory execution after a simple formal notice addressed to the debtor of the obligation by registered letter with acknowledgement of receipt which has remained unsuccessful, regardless of the circumstances and even if there is a clear disproportion between its cost for the debtor and its interest for the creditor.

It is reminded that in the event of failure by either Party to perform its obligations, the defaulting Party may, in accordance with the provisions of Article 1222 of the Civil Code, 10 days after sending a formal notice to perform which has remained unfruitful, have the obligation performed by a third party, at the expense of the defaulting Party, provided that the cost is reasonable and in accordance with market practices, without judicial authorization being required for this purpose, it being understood that the defaulting Party may also, at its option, request in court that the defaulting Party advance the sums necessary for such performance.

ARTICLE 13 - Exception of non-performance

It is reminded that in application of article 1219 of the Civil Code, each Party may refuse to perform its obligation, even though it is due, if the other Party does not perform its own obligation and if such non-performance is sufficiently serious, i.e., likely to jeopardize the continuation of the contract or to fundamentally upset its economic equilibrium. The suspension of performance shall take effect immediately upon receipt by the defaulting Party of the notice of default sent to it for this purpose by the Party suffering the default, indicating the intention to apply the exception of non-performance as long as the defaulting Party has not remedied the default noted, served by registered letter with acknowledgement of receipt or on any other durable written medium allowing proof of sending.

This exception of non-performance may also be used as a preventive measure, in accordance with the provisions of article 1220 of the Civil Code, if it is clear that one of the Parties will not perform its obligations on the due date and that the consequences of this non-performance are sufficiently serious for the Party suffering from the default.

This option is used at the risk of the Party taking the initiative.

The suspension of performance shall take effect immediately, upon receipt by the allegedly defaulting Party of the notification of the intention to apply the exception of preventive non-performance until the allegedly defaulting Party performs the obligation for which a future breach is manifest, served by registered letter with acknowledgement of receipt or on any other durable written medium allowing proof of sending.

If the impediment is definitive or lasts beyond 30 days, the present contract will be purely and simply terminated according to the terms defined in the article Resolution for failure of a party to fulfill its obligations.

ARTICLE 14 - Force majeure

The Parties shall not be 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, as defined in Article 1218 of the Civil Code.

The party noting the event shall immediately inform the other party of its inability to perform its obligations and justify this to the latter. The suspension of obligations shall in no case be a cause of liability for non-performance of the obligation in question, nor shall it lead to the payment of damages or penalties for delay.

The performance of the obligation is suspended for the duration of the force majeure if it is temporary and does not exceed 30 days.

Consequently, as soon as the cause of the suspension of their mutual obligations disappears, the parties will make every effort to resume normal performance of their contractual obligations as soon as possible. To this end, the prevented party shall notify the other of the resumption of its obligation by registered letter with acknowledgement of receipt or any extrajudicial act. If the impediment is definitive or exceeds a period of 30 days, the present contract will be purely and simply terminated according to the terms defined in the article "Termination for force majeure".

During this suspension, the parties agree that the costs incurred by the situation will be borne by the prevented party.

ARTICLE 15 - Resolution of the contract

15-1- Resolution for unforeseen circumstances

Termination for impossibility of performance of an obligation that has become excessively onerous may not, notwithstanding the clause Termination for failure of a party to perform its obligations set forth below, occur until 10 days after the sending of a formal notice declaring the intention to apply the present clause, notified by registered letter with acknowledgement of receipt or any extrajudicial act

15-2 - Resolution for non-performance of a sufficiently serious obligation

The defaulting Party may, notwithstanding the clause Resolution for failure of a Party to perform its obligations set forth below, in the event of sufficiently serious non-performance of any of the obligations incumbent upon the other Party, notify the defaulting Party by registered letter with acknowledgement of receipt, of the wrongful termination of the present contract, 10 days after a formal notice to perform has been sent and has remained unsuccessful, in application of the provisions of Article 1224 of the Civil Code.

15-3 - Resolution for force majeure

It is expressly agreed that the parties may terminate this contract by operation of law, without notice or formality.

15-4 - Resolution for breach of obligations by a party

In the event of non-compliance by either party with the following obligations:

- non-payment of the services ordered by the Customer on the due date,

- non-delivery of services ordered by the Seller, without just cause,

referred to in the Articles of this Agreement, this Agreement may be terminated at the option of the aggrieved party.

It is expressly understood that such termination for failure of a party to perform its obligations will take place by operation of law, the formal notice resulting from the sole fact of the non-performance of the obligation, without summons or execution of formalities.

15-5 - Provisions common to all resolution cases

It is expressly agreed between the Parties that the debtor of an obligation to pay under the terms of this Agreement shall be validly put in default by the mere due date of the obligation, in accordance with the provisions of Article 1344 of the Civil Code.

The services exchanged between the Parties since the conclusion of the contract and until its resolution being able to find their utility only by the complete execution of this one, they will give place to integral restitution.

ARTICLE 16 - Applicable law - Language

The present General Conditions of Sale and the operations which result from them are governed and subjected to the French law.

The present General Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.

ARTICLE 17 - Litigation

All the litigations to which the operations of purchase and sale concluded in application of the present general conditions of sale could give place, concerning so much their validity, their interpretation, their execution, their cancellation, their consequences and their continuations and which would not have been able to be solved between the salesman and the customer will be subjected to the courts of competent jurisdiction under the conditions of common law.

The Customer is informed that he can in any case resort to a conventional mediation, in particular with the Commission of the mediation of consumption (C. cons. art. L 612-1) or with the existing authorities of sectorial mediation, and whose references appear on the Internet site or with any alternative mode of settlement of the disputes (conciliation, for example) in the event of contesting

In accordance with Articles L.616-1 and R.616-1 of the Consumer Code, our company has set up a consumer mediation system. The mediation entity retained is: CNPM - MEDIATION - CONSUMPTION. In the event of a dispute, you may file your claim on its website: or by post by writing to : CNPM - MEDIATION - CONSOMMATION - 23, rue Terrenoire - 42100 SAINT ETIENNE

ARTICLE 18 - Pre-contractual information - Customer acceptance

The fact that a natural person (or legal entity), to order on the website "" the Customer expressly acknowledges and accepts these General Terms and Conditions of Sale and the obligation to pay for the Products ordered, and waives the right to invoke any contradictory document that may be unenforceable against the Seller.

ANNEX I - Provisions relating to legal guarantees

Article L217-4 of the Consumer Code:

The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was put at his charge by the contract or was carried out under his responsibility.

Article L217-5 of the Consumer Code:

- êbe fit for the purpose usually expected of similar goods and, where applicable: correspond to the description given by the seller and have the qualities that the seller has presented to the buyer in the form of a sample or model have the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labeling

- Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and that the latter has accepted.

Article L217-12 of the Consumer Code:

The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.

Article L217-16 of the Consumer Code:

When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days shall be added to the duration of the warranty that remained to run. This period shall run from the date of the buyer's request for intervention or from the time the item in question is made available for repair, if this is after the request for intervention.

Article 1641 of the Civil Code:

The seller is bound by the warranty for latent defects in the thing sold which render it unfit for the purpose for which it was intended, or which so diminish that purpose that the buyer would not have acquired it, or would have given only a lesser price for it, if he had known of them.

Article 1648 paragraph 1 of the Civil Code:

The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.

ANNEX II - Withdrawal form

The form is freely available on the homepage of the site

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