TERMS OF SALES

(Please read before any purchase)

Refund Policy and Privacy Policy can be found at the bottom of the page. Please read them carefully before any purchase on https://www.masterpulsone.com/

 

Introduction: To order a product

This is done in three steps:

1. Choose the variant of your desired item (Ex: Standard)

2. Then click on "add to cart"

3. Finally, indicate the desired quantity. Then proceed to payment

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PREAMBLE

Version dated 02 01 2024

Free delivery in metropolitan France and Belgium.

In case of doubt, please inform yourself by email at contact@exomedical.fr to know the countries available for delivery.

This site is operated by EXO MEDICAL and managed by its representative. The terms "we", "our" and "the Seller" refer to EXO MEDICAL. EXO MEDICAL offers this site, including all the information, tools, and services available on this site to you, the user, subject to your acceptance of all the terms, conditions, policies, and notices stated here. These general terms and conditions of sale (hereinafter "General Terms" or "General Conditions of Sale" or "GTC") apply to any purchase made by an individual (hereinafter "Customer"), on EXO MEDICAL.

All new features or tools added to the current store are also subject to the terms of use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, modify, or replace any part of these Terms of Use by posting updates and/or changes to our website. Your continued use of or access to the website constitutes acceptance of these changes. The General Terms are precisely dated and may be amended and updated at any time. The applicable General Terms are those in force at the time of the Order. Changes to the General Terms will not apply to Products already purchased. The content of each product sheet is subject to copyright, and any copying of a paragraph from a product sheet is illegal and may result in legal proceedings. These General Terms and Conditions of Sale are intended to govern the sale and Delivery of Products ordered from EXO MEDICAL via the Site. They are accessible at any time via a hypertext link available on the homepage of the Site. Any order placed on the Site necessarily implies the Customer's unconditional acceptance of these general terms and conditions of sale.

 

Article 1 – Online Sale /

LEGAL NOTICE EXO MEDICAL PERFORMANCE is a site owned by EXO MEDICAL, SAS, registered in the Trade and Companies Register of VERSAILLES, 89195325900019 and directed by MR TONDU. EXO MEDICAL PERFORMANCE – 43 Boulevard Vauban / Immeuble Edison 78280 Guyancourt – 01 86 86 02 84 CONTACT@EXOMEDICAL.FR FR38891953259 -Hosted by Wix

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Article 2 – Generalities

These General Conditions of Sale define the conditions applicable to sales concluded between, on the one hand, any user of the site www.exomedicalperformance.fr making a purchase via the website of EXO MEDICAL PERFORMANCE, hereinafter referred to as "the Customer" and, on the other hand, "the Seller", EXO MEDICAL PERFORMANCE. The Customer and the Seller are hereinafter referred to as "the Parties". These conditions exclusively concern non-professional individuals. The acquisition of a Product through this site implies an unreserved acceptance of the General Conditions of Sale. Insofar as the Customer purchases the Products on the site www.exomedicalperformance.fr directly and automatically online, the electronic acceptance of the Customer marks the conclusion of the contract between the Customer and the Seller. In accordance with the law of March 13, 2000 on electronic signatures and the law on confidence in the digital economy of June 21, 2004, any purchase validated by the Customer by his "double click" or by his agreement on the phone constitutes an irrevocable acceptance of these general conditions by the Customer, just like a handwritten signature. The general terms and conditions of sale are concluded for the duration necessary for the sale of the Products, until the expiration of their warranties. The Customer selects the Product(s) he wishes to purchase, and can access at any time the summary of his order. The Customer has the possibility to modify his order and correct any errors before definitively validating it. The receipt of the final payment of the order by EXO MEDICAL PERFORMANCE after confirmation of the order summary by the Customer concludes the sales contract between the Customer and the seller, the contract can only be questioned within the limits provided in the GTC. Any order placed implies the Customer's unreserved acceptance of the GTC. The confirmation of the order validated by the Customer will be sent to him by email. Depending on the payment method used, the sending of the order confirmation may be delayed until the final payment is received by EXO MEDICAL PERFORMANCE. To this end, the Customer formally accepts the use of email for confirmation by the seller of the content of his order. EXO MEDICAL PERFORMANCE reserves the right to refuse orders from a Customer with whom there is a dispute or an incident relating to the payment of a previous order under the conditions detailed in article 4.2 below.

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Article 3 – Prices

3.1 Prices are indicated in euros, including taxes.

 

3.2 The Seller reserves the right to change the price of items at any time but the items will be invoiced on the basis of the rates in force at the time of the validation of the orders, subject to availability. 3.3 The articles and any additional fees will be invoiced based on the rates in force at the time of the registration of the order. 3.4 Retention of title clause: the products remain the property of the Seller until the complete collection of the price.

 

Article 4 – Order - Validation

4.1. Personal information When ordering, the Customer agrees to provide the requested information and commits to the truthfulness of the latter:

• Name and first name

• Postal address

• Telephone

• Email address

• The type of payment card, card number, expiration date, and card security code or PayPal account Unless proven otherwise, the data recorded by the Seller constitute proof of all transactions.

 

The Customer must verify all the information entered during his order (product ordered, delivery address, billing address, telephone contact details...). The Customer must also check the information on the order confirmation email. The Seller cannot be held responsible for any typing errors by the Customer nor the consequences in terms of delay or delivery error. Thus, if delivery cannot take place due to a typing error by the Customer, the reshipment costs will be borne by the Customer.

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4.2. Confirmation and shipping emails The Seller sends a confirmation email of the Customer's order to summarize the contractual information. The Customer's order is then validated by the Seller's Services according to the payment validation procedures described in these general terms and conditions of sale, the Customer receives a new email informing him of the shipping date of his order.

 

4.3 The order established by the Customer consists of products that are part of the online catalog constituted by the Seller.

 

4.4 The order can only be recorded on the site if the Customer has clearly identified himself. For this, the Customer is invited to identify himself by indicating his name, first name, a valid email address, his postal address, his telephone number preferably to contact the delivery person, and his date of birth. The Seller reserves the right to cancel an order from a Customer who presents any form of risk in his eyes or with whom there is a dispute relating to the payment of a previous order.

 

4.5 Any order implies acceptance of the prices and description of the Products available for sale.

 

4.6 Orders are payable only in euros including all taxes.

 

4.7 The Seller undertakes to honor the orders received within the limits of available stocks of the Products.

 

4.8 The dates of the sales indicated on the site are the dates in force in France.

 

Article 5 - Availability

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

 

5.2 For Products not available from the Seller, the Seller's offers are valid subject to availability from the Seller's suppliers.

 

5.3 In the event of unavailability of a Product after the Customer's order has been placed, the Seller will inform the Customer by email as soon as possible. The Customer's order will be automatically canceled and the Customer refunded under the conditions specified in article 10.8.

 

5.4 The availability information provided at the time of the order is given as an indication because the Products are reserved only after payment of the order. Orders awaiting payment settled late after the registration of the order may thus see the stock of the ordered Product(s) modified or null. In case of stock shortage, the Seller undertakes to contact the supplier to know the delivery time of the ordered product and will inform the Customer immediately. If the Customer decides to cancel his Order of unavailable Products, he will obtain a refund of all sums paid for the unavailable Products no later than fourteen (14) days after the date on which the contract was terminated.

 

Article 6 - Delivery

6.1 Delivery is available in metropolitan France and Belgium.

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6.2 EXO MEDICAL PERFORMANCE offers free delivery via Colissimo to metropolitan France for the Customer. Delivery charges abroad will be invoiced according to the market prices observed for each destination. Secure delivery against loss and theft is also available.

 

6.3 EXO MEDICAL PERFORMANCE or Colissimo /(or other courier) cannot be held responsible for a delay in delivery or non-delivery in the case where the Customer has not provided a complete and correct delivery address. The resending of a package that could not be delivered due to a lack of information in the delivery address will be charged €6.90 to the Customer. Details of delivery times and fees are mentioned at checkout. Two delivery modes with home/pick-up point tracking available:

• standard delivery, free

• fast / secure delivery, paid (loss / theft guarantee) The delivery time depends on the carrier and type of product, a duration between 2 and 49 days is to be expected depending on the chosen delivery mode. Fast / secure delivery concerns priority / loss before the "delivered" status. Any possible customs fees are the responsibility of the customer. EXO MEDICAL PERFORMANCE is responsible until the Product is Delivered to the Customer. It is reminded that the Customer has a period of three (3) days to notify the carrier of any damage or partial losses observed at the time of Delivery.

The following Delivery modes are available:

• Colissimo, the general conditions of which are accessible at the following address: https://www.laposte.fr/conditions-generales-de-vente

• Colis privé, the general conditions of which are accessible at the following address: https://www.colisprive.fr/entreprises/cgv-mentions-legales

 

6.4 EXO MEDICAL PERFORMANCE commits to respecting a preparation time between 24 to 78 hours for a Colissimo delivery from the positive evaluation of the payment by Credit Card.

 

6.5 In the case of Products deliverable on different dates due to their availability, the delivery time is based on the longest time.

 

6.6 Upon receipt of the order, the Seller recommends that the Customer check the conformity of his order and inform the Seller if applicable, of any anomaly concerning it, within 24 hours. After this period, EXO MEDICAL PERFORMANCE cannot be held responsible for a non-compliant delivery.

 

Article 7 - Prerequisites for placing an order

The order of a Product by an individual on the Site is reserved for persons at least 18 years of age, capable of contracting, and acting for legal purposes. The Customer guarantees that he provides sincerely the information requested during his registration. Before any use of the Site, the Customer must ensure that he has the technical and computer means to use the Site, order the Products, and that his browser allows secure access to the Site. The Customer expressly undertakes not to use false information or third-party information. After his first order and on subsequent orders, the Customer can access his account by entering his username and password. The Customer is solely responsible for maintaining the confidentiality of his identifiers and password allowing access to his customer account and must take all necessary measures to ensure that these elements remain confidential and secure.

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Article 8 - Payment terms - Security

8.1 Payment for Products online is made by Credit Card or PayPal, whose contractual conditions are accessible at the following address: https://www.paypal.com/fr/webapps/mpp/ua/useragreement-full

 

8.2 The Seller makes every effort to ensure the confidentiality and security of data. All data exchanged, particularly sensitive data related to card payment means on the web, is encrypted by Stripe. The payment is fully secure. Payment in 4 installments via Klarna, the terms of which are available on: https://www.klarna.com/

 

Article 9 - Processing and collection of personal data

The information collected is secured via Shopify. The data controller is Mr. Tondu. The customer can at any time make a request to EXO MEDICAL PERFORMANCE to register on the list of opposition to telephone solicitation (BLOCTEL device). Any consumer can register for free on the list of opposition to telephone solicitation BLOCTEL https://conso.bloctel.fr/index.php/inscription.php In accordance with the law n° 2020-901 of July 24, 2020, aiming to regulate telephone solicitation and to fight against fraudulent calls, any professional reserves the right to solicit a consumer registered on the list of opposition to telephone solicitation when it concerns solicitations occurring within the framework of the execution of an ongoing contract and related to the object of said contract, including when it involves proposing to the consumer products or services related to or complementary to the object of the ongoing contract or likely to improve its performance or quality. They are kept for the entire duration of the present relationship and for a maximum period of five years after the end of the contractual relationship according to the legal obligations of archiving and conservation and are intended for EXO MEDICAL PERFORMANCE and its service providers intervening in the framework of contractual relations between EXO MEDICAL PERFORMANCE and the customer. The Customer can exercise at any time his right of access to data concerning him, have them rectified, erased, limited, transferred, oppose their processing or be subject to a decision based exclusively on automated processing, and can give directives on the treatment of his data after his death, by logging into his account or by contacting customer service contact@exomedical.fr. EXO MEDICAL PERFORMANCE collects on the Site personal data concerning its Customers, in order to process the Orders placed on the Site, analyze the Orders, respond to its requests for information, and, if the Customer has expressly chosen this option, send him newsletters, unless the Customer no longer wishes to receive such communications from EXO MEDICAL PERFORMANCE. In this respect, the Customer is invited to consult the Privacy Policy which will give him more information on the protection of personal data, the treatments carried out via the Site, and the modalities of exercising rights.

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Article 10 - Guarantees & Right of withdrawal

10.1 Conformity Guarantee

Article L. 217-4 of the Consumer Code: "The seller delivers a product conforming to the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation if it was charged to him by the contract or carried out under his responsibility". Article L.217-5 of the Consumer Code: "

 

The product conforms to the contract:

1° If it is suitable for the use usually expected of a similar product and, if applicable:

• if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;

• if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer, or his representative, particularly in advertising or labeling;

2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the knowledge of the seller, and accepted by the latter".

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EXO MEDICAL PERFORMANCE may be liable for existing defects of conformity at the time of delivery and defects of conformity resulting from packaging, assembly instructions, or installation when it has been charged to it or carried out under its responsibility.

The action resulting from the defect of conformity is prescribed by two (2) years from the delivery of the Product. (Article L.217-12 of the Consumer Code). In case of lack of conformity, the Customer may request the replacement or refund of the Product, at his choice. In the event that a replacement is impossible, EXO MEDICAL PERFORMANCE undertakes to refund the price of the Product within thirty (30) days upon receipt of the returned Product and in exchange for the return of the Product by the Customer to the address indicated by email by customer service contact@exomedical.fr The implementation of the legal warranty of conformity must not result in any costs for the buyer (article L. 217-11 of the consumer code).

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10.2 Guarantee against hidden defects

The Seller undertakes to exchange or refund any Product presenting hidden defects, defects of conformity resulting from packaging, and quality problems during normal use of the Product, in accordance with articles L.217-4 to L.217-14 of the Consumer Code. The reshipment costs will then be borne by the Seller. The Buyer cannot cancel the sale if the lack of conformity is minor.

EXO MEDICAL PERFORMANCE is liable for the warranty due to hidden defects of the sold Product which render it unfit for the use for which it was intended, or which so diminish its use that the Customer would not have bought it, or would have paid a lower price, if he had known them. (Article 1641 of the Civil Code)

This warranty allows the Customer who can prove the existence of a hidden defect to choose between the refund of the price of the Product if it is returned and the refund of part of its price, if the Product is not returned.

In the event that a replacement or repair is impossible, EXO MEDICAL PERFORMANCE undertakes to refund the price of the Product within thirty (30) days upon receipt of the returned Product and in exchange for the return of the Product by the Customer to the address indicated by email by customer service contact@exomedical.fr

The action resulting from redhibitory defects must be brought by the Customer within a period of two (2) years from the discovery of the defect. (First paragraph of article 1648 of the Civil Code). In accordance with the legal provisions in force relating to the conformity of the product to the contract or hidden defects, defective products (not due to the Buyer) or not corresponding to the order will be refunded or exchanged at the choice of the Buyer.

 

Products must be returned in the condition they were received, with all elements (accessories, instructions, etc.) in packaging that allows for safe transportation. These warranties do not affect the right of withdrawal outlined in Article 4. It's noted that under the legal warranty of conformity, the Buyer:

• has a two-year period from the delivery of the goods to take action;

• can choose between repair or replacement of the goods, subject to the cost conditions set out in Article L. 217-9 of the Consumer Code;

• is exempted from proving the existence of the product's conformity defect during the twenty-four (24) months following delivery, except for second-hand goods, for which this period is six (6) months. (Article L. 217-7 of the Consumer Code).

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The legal warranty of conformity applies regardless of any commercial warranty that may cover the product. It is recalled that the Buyer may decide to enforce the warranty against hidden defects of the sold item as per Article 1641 of the Civil Code and in this case, can choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code. In all cases, defective products must be repaired or replaced at no cost to the consumer. This principle of free service also applies to the costs of returning the product. Any return by the Client resulting in external postal charges cannot be borne by the Seller if not previously informed.

 

10.3 Order Error: In case of an error in the model or product during order preparation, the Seller commits to exchange the product. Return and reshipment costs will be borne by the Seller.

 

10.4 Return by the Client:

The Client has a legal withdrawal period of 14 clear days from the date of receipt of the Products. Return costs are borne by the Client. If the Client has ordered multiple Products through a single Order leading to several Deliveries (or in the case of an Order of a single Product delivered in several batches of parts), the withdrawal period will expire fourteen (14) days after the day you, or a third party other than the carrier and designated by you, physically take possession of the last good, the last batch or the last piece.

To exercise the right of withdrawal, the Client must notify their decision to withdraw by an unequivocal statement to contact@exomedical.fr by downloading the withdrawal form available here. For the withdrawal period to be respected, the Client must transmit their communication regarding the exercise of the right of withdrawal before the expiration of the withdrawal period. In case of withdrawal by the Client, EXO MEDICAL PERFORMANCE commits to refund all sums paid, including delivery costs, without undue delay, and at the latest within fourteen (14) days from the date on which it is informed of the Client's decision to withdraw (Article L.221-24 of the Consumer Code).

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Exclusions from the right of withdrawal

The right of withdrawal is excluded in the following cases:

• Supply of sealed goods which cannot be returned for health protection or hygiene reasons and were unsealed by the Client after delivery; • Provision of services fully performed before the end of the withdrawal period and whose execution began after the consumer's prior express consent and express waiver of their right of withdrawal;

• Supply of goods made to the Client's specifications or clearly personalized;

• Supply of goods likely to deteriorate or expire rapidly;

• Supply of sealed audio or video recordings or sealed software which were unsealed after delivery;

• Newspapers, periodicals, magazines (except for subscription contracts);

• Services related to accommodation other than for residential purposes, transportation of goods, car rental, catering, or services related to leisure activities if the offer provides a specific date or period of performance;

• Supply of goods which by their nature are inseparably mixed with other items;

• Supply of alcoholic beverages whose price was agreed upon at the time of the sale contract, whose delivery can only be made after 30 days and whose actual value depends on fluctuations in the market beyond the seller's control;

• Supply of digital content not supplied on a tangible medium if the execution began with the consumer's prior express consent, who also acknowledged that they would thereby lose their right of withdrawal;

• Supply of goods or services whose price depends on fluctuations in the financial market.

 

10.5 Upon receipt of the package, the Seller will judge the perfect condition of the Products (packaging, accessories and instructions, etc.). No return will be accepted if the returned Products have been visibly worn, damaged, used, damaged or their packaging is damaged or deteriorated, rendering the product unfit for resale as new.

 

10.6 If the return is refused by the Seller, the Products will be returned to the Client at the Seller's expense without the Client being able to demand any refund or compensation.

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10.7 Exchange: The Client has 14 days from the date of receipt to return the Products and request a possible exchange. Return costs will be borne by the Client.

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10.8 Refund:

In the event that the Seller proceeds with a refund of Product in the cases referred to in this article, it will be made by mutual agreement via exchange, credit on a future order, or according to the Client's payment method within a period of 30 days from the date of notification of the refund.

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10.9 Credit:

In the event that the buyer wishes for a credit, it must be used exclusively on the website within a maximum period of 6 months.

 

Article 11 – Customer Service

For any information or question, our customer service is at your disposal; Email address: contact@exomedical.fr Our advisors are available from Monday to Saturday, response within 24/48 hours.

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Article 12 – Intellectual Property

12.1 All texts, comments, works, illustrations, works and images reproduced or represented on the site are strictly reserved under copyright as well as under intellectual property rights for the whole world.

 

12.2 As such and in accordance with the provisions of the Intellectual Property Code, only the use for private use subject to different or more restrictive provisions of the Intellectual Property Code is authorized. Any total or partial reproduction or representation of the site or any or all of the elements found on the site of EXO MEDICAL PERFORMANCE is strictly prohibited.

 

Article 13- Liability

13.1 The photos are provided for illustrative purposes. The Seller invites the Client to refer to the description of each Product for its precise characteristics. EXO MEDICAL PERFORMANCE commits to presenting the essential characteristics of the Products and the mandatory information that the Client must receive under applicable law. These characteristics and information are found on the Product sheets on the Site. The Client commits to carefully read this information before placing an Order on the Site. All products sold comply with the current European legislation and the applicable standards in France.

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13.2 In case of hyperlinks pointing to other sites from the Seller's site, the Seller will not be responsible for the content of the information provided on these sites after these links are activated.

 

13.3 In the case of purchases for professional purposes, the Seller will not incur any liability for any indirect damages due to these terms, loss of business, loss of profit, loss of opportunity, damages or expenses.

 

Article 14 - Comment, Critique, Communication

You can unsubscribe at any time from our mailings by clicking on the link provided for this purpose at the bottom of the page. All reviews submitted by the Client are monitored and moderated by the marketing team. As soon as the remarks infringe the law, morality or ethics (abusive advertising, defamatory remarks, insults, off-topic comments...), the Seller reserves the right to refuse or modify the concerned review.

 

Article 15 - Applicable Law - Disputes

This contract is subject to French law. The language of this contract is French. In case of a dispute between the professional and the consumer, they will endeavor to find an amicable solution.

In the absence of an amicable agreement, the consumer may freely seize the consumer mediator to whom the professional belongs, namely AME CONSO, within a period of one year from the written complaint addressed to the professional.

 

The referral to the consumer mediator must be done:

• either by filling out the form provided for this purpose on the website of AME CONSO: www.mediationconso-ame.com;

• or by mail addressed to AME CONSO, 11 Place Dauphine – 75001 PARIS.

 

Article 16 - After-Sales Service (SAV) - Warranty Conditions

All our Products benefit from the legal warranty of conformity and the warranty against hidden defects. The shipping costs to the workshop for the Product(s) are borne by EXO MEDICAL PERFORMANCE. For any return of packages, the client must return the package to EXO MEDICAL PERFORMANCE at the address indicated by email by the customer service contact@exomedical.fr. The Seller commits to follow up with suppliers in case of possible repairs. Whatever the problem encountered with the Product, the client must first attach a photographic/video proof of the problem mentioning the order number, by email. All products sold also benefit from the legal warranties provided by law.

 

The lack of conformity refers to the following situations:

• Goods unfit for the use usually expected of a similar item (e.g., product normally expected to operate wirelessly on battery that must be plugged into a power outlet)

• Goods that do not match the description given by the seller even if it functions perfectly (e.g., the color does not match the presented model)

• Goods that do not have the qualities announced by the seller or agreed upon with you (e.g., a range hood presented as particularly quiet turns out to be noisy).

• Goods with a manufacturing defect, imperfection, poor assembly

• Installation not properly done by the seller or incomplete or incomprehensible installation manual preventing you from properly assembling the device

 

Defects can come from:

• the good itself,

• the packaging,

• the assembly instructions,

• the installation when it has been done by the seller or carried out under his responsibility.

 

However, the legal guarantee of conformity does not apply if:

• you were aware of the defect at the time of purchase,

• you could not have been unaware of the defect at the time of purchase (for example, if the seller informed you of it),

• the defect results from materials that you provided or added (for example, if you put a non-compliant battery in your phone).

 

Article 17 - FORCE MAJEURE

EXO MEDICAL PERFORMANCE cannot be held liable if the non-performance or delay in the performance of one of its obligations described in these General Terms and Conditions of Sale results from a case of force majeure.

Force majeure in contractual matters occurs when an event beyond the control of the debtor, which could not have been reasonably foreseen at the conclusion of the contract and whose effects cannot be avoided by appropriate measures, prevents the debtor from fulfilling their obligation.

If the impediment is temporary, the execution of the obligation is suspended unless the delay that results justifies the termination of the contract. If the impediment is permanent, the contract is automatically terminated and the parties are released from their obligations under the conditions provided for in articles 1351 and 1351-1 of the Civil Code.

In the event of the occurrence of any of the aforementioned events, EXO MEDICAL PERFORMANCE will endeavor to inform the Client as soon as possible.

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