Terms of sale

These terms of sale ("Terms") govern the sale of lots concluded on the Destockagogo website between DESTOCKAGOGO NANTES and its customers, whether businesses or consumers. Placing an order implies acceptance of these Terms, which is requested when the order request is sent. This is a translation: the French version prevails.

DESTOCKAGOGO NANTES (Destockagogo), SAS with a share capital of €200 (French simplified joint-stock company), registered with the French National Business Register under SIREN 849 856 786, registered office: 62 bis route du Barp, 33380 Mios, France. EU VAT number: FR60849856786.

Contact: contact@destockagogo.fr or our contact form.

The website is intended for businesses (resellers, retailers, companies) and consumers. Provisions marked "consumers" only apply to individuals acting for purposes outside their trade, business, craft or profession.

Business customers provide their company name and, where applicable, their EU VAT number when ordering. These Terms prevail over any other document, in particular the customer's purchasing conditions, unless the seller agrees otherwise in writing.

Products are sold as lots (pallets, cartons, mixed lots) from end-of-line stock, overstock, liquidations or returns. Each listing states, in particular, the category, the condition (new, like new, good condition, mixed), the number of items and, where available, the weight and dimensions.

The written description of the lot is authoritative. Photos and images are for illustration only; in a mixed lot, the exact split of items (sizes, colours, models) may vary. On request, our team can send additional photos before the order is confirmed.

Offers are valid while stocks last. Availability is checked by our team before any confirmation (section 4).

An order goes through several steps:

1. Order request: the customer adds lots to the cart, enters their details and delivery address, accepts these Terms and sends the request. An email acknowledges receipt; at this stage no payment is requested and the sale is not yet concluded.
2. Check: our team checks the availability of the lots and calculates the exact delivery cost for the address given.
3. Confirmation: the seller emails the customer the order confirmation with the final total amount (lots and delivery) and the payment methods offered. The sale is concluded when the customer pays that amount.

The seller may decline a request, in particular if a lot is unavailable, in case of a previous dispute with the customer or an abnormal request; the customer is informed and nothing is owed or charged.

Orders can be followed on the "Track order" page with the order number and the email address used.

Prices are per lot, in euros. VAT treatment: To be completed.

Amounts shown in US dollars (USD) or Swiss francs (CHF) are indicative conversions. The currency chosen and the exchange rate are those of the order confirmation and are fixed for that order.

Delivery costs are added to the price of the lots. They are estimated on the website where possible and, in all cases, stated in the order confirmation before any payment. For deliveries outside the European Union (in particular Switzerland and the United Kingdom) and to the French overseas departments, customs duties, dock dues (octroi de mer) and import taxes are paid by the customer, unless otherwise stated in the confirmation.

Prices may change at any time; the applicable price is the one in the order confirmation.

Payment is made after the order confirmation, for the amount stated in it. No automatic debit is ever made. The available methods are:

• Online payment on the secure payment page of our provider Paymegate, reached through the payment link sent by email. Payment details are entered directly with this provider; the seller has no access to them.
• Bank transfer (preferably SEPA instant transfer) to the account whose details are sent by email, quoting the order number as reference. The customer then sends proof of payment (screenshot or transfer receipt) by email or WhatsApp.

When online payment is temporarily unavailable, payment is made by bank transfer.

Lots are only reserved for the customer once payment has been received. If payment is not made within the time stated in the order confirmation, the seller may cancel the order and put the lots back on sale. The order is shipped once payment has actually been received.

Retention of title: the lots remain the property of the seller until the price has been paid in full. For business customers, any late payment automatically incurs penalties at the European Central Bank's most recent refinancing rate plus 10 percentage points, and a fixed recovery fee of €40 (Articles L441-10 and D441-5 of the French Commercial Code).

Lots are delivered to the address given by the customer, in the following countries: France, Belgium, Switzerland, Germany, Netherlands, Italy, Spain, United Kingdom, Martinique, Guadeloupe, Réunion, French Guiana. For any other destination, please ask our team.

The delivery time is stated in the order confirmation. For consumers, if no time is stated, delivery takes place no later than 30 days after the sale is concluded. In case of delay, the consumer may, after a formal notice that remains unanswered, terminate the sale under Articles L216-6 et seq. of the French Consumer Code.

Pallets are delivered by carrier. The customer makes sure that the delivery site is accessible to the vehicle and that they or a representative are present at the agreed appointment; the cost of a new delivery attempt due to their absence or an incorrect address may be charged to them.

On receipt, the customer checks the condition and number of parcels or pallets in the presence of the carrier. In case of damage or missing items, they write precise reservations on the delivery note and inform the seller within 48 hours, with photos. For business customers, reservations must also be confirmed to the carrier by registered letter within 3 days of receipt (Article L133-3 of the French Commercial Code), otherwise no claim against the carrier will be possible.

Transfer of risk: for consumers, risk passes when they take possession of the lots. For business customers, it passes when the lots are handed to the carrier.

Consumers have 14 days from receipt of the lots to withdraw from the contract without giving any reason (Article L221-18 of the French Consumer Code). To do so, they send a clear statement before this period expires, for example using the form in the appendix, to contact@destockagogo.fr.

The consumer returns the lots no later than 14 days after communicating their decision. Return costs are paid by the consumer. The seller refunds all sums paid, including the initial delivery costs (up to the cost of standard delivery), no later than 14 days after being informed of the withdrawal; the refund may be withheld until the lots have been received back or proof of their dispatch has been provided. The refund uses the same payment method as the original payment, unless the consumer agrees otherwise.

The consumer may be liable for any reduction in the value of the lots resulting from handling beyond what is necessary to establish their nature, characteristics and functioning.

Practical return arrangements are detailed on our Returns page. The right of withdrawal does not apply to business customers.

Consumers. Consumers benefit from the statutory warranty of conformity (Articles L217-3 et seq. of the French Consumer Code) and the warranty against hidden defects (Articles 1641 to 1649 of the French Civil Code).

The consumer has two years from delivery to claim under the warranty of conformity if a lack of conformity appears, and only has to prove that the defect exists, not when it appeared. The consumer is entitled to repair or replacement within thirty days of the request, free of charge and without major inconvenience; if this is refused, delayed or fails, or if the defect is serious, the consumer may obtain a price reduction or terminate the contract with a full refund against return of the goods (not for a minor defect). A repair under this warranty extends it by six months; a replacement imposed by the seller renews it for two years. The warranty against hidden defects applies for two years from discovery of the defect and entitles the consumer to a price reduction or a full refund against return of the goods. The full statutory text required by French law appears in the French version of these Terms.

Conformity is assessed taking into account the nature of clearance lots and the condition stated in the description (for example "good condition" or "mixed").

Businesses. Lots are sold in the condition described in the listing. Any claim regarding the conformity of a lot (nature, condition, quantity) must be made in writing, with photos, within 8 days of receipt; after this period, the lot is deemed accepted. In case of proven non-conformity, the seller offers, at its option, replacement, a credit note or a refund of the non-conforming part. The warranty against hidden defects applies under general law.

The seller is not liable for non-performance or delay caused by force majeure within the meaning of Article 1218 of the French Civil Code, or by the customer. Towards business customers, the seller's liability is limited to the amount of the order concerned and excludes indirect losses, in particular loss of turnover or margin.

Business customers who resell the items are solely responsible for complying with the rules applicable to their own resale activity.

The data collected when ordering is necessary to process the order, deliver it and invoice it. How it is processed and your rights are described in our privacy policy.

Complaints can be sent to contact@destockagogo.fr or through the contact form, quoting the order number.

If a written complaint remains unresolved, the consumer may refer the matter free of charge to the consumer mediator the seller belongs to: To be completed.

These Terms are governed by French law. The French version prevails. Consumers may bring proceedings, at their choice, before the court of the place where they lived when the contract was concluded or when the harmful event occurred, or before any court with jurisdiction under the law.

For business customers, any dispute falls under the exclusive jurisdiction of the courts of the seller's registered office, including where there are several defendants or third-party claims.

(Complete and return this form only if you wish to withdraw from the contract.)

To DESTOCKAGOGO NANTES, 62 bis route du Barp, 33380 Mios, France — contact@destockagogo.fr:

I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods:

• Order number:
• Ordered on (*) / received on (*):
• Name of consumer(s):
• Address of consumer(s):
• Signature of consumer(s) (only if this form is notified on paper):
• Date:

(*) Delete as appropriate.