1.1The company ND DISTRIBUTION (hereinafter 'the Seller') is a simplified joint-stock company registered in the Lyon Trade and Companies Register under number 798 215 521, whose registered office is located at 1 rue de l'Épée in Lyon (69003). The Seller's activity is the sale, to professionals of the same specialty (hereinafter 'the Customer'), of all computer, electronic, multimedia, and telephone equipment, and the sale of accessories and spare parts relating to this equipment (hereinafter 'the Products'). The Customer acknowledges that the mere fact of placing an order implies that they recognize themselves as a professional of the same specialty as the Seller.

1.2 Any product order placed by the Customer implies the Customer's unreserved acceptance of, and full adherence to, these general terms and conditions of sale, which are freely available on the Seller's website accessible at the following address: mobilax.fr/en/.

These general terms and conditions of sale apply in particular regardless of the place of delivery of the products (in-store pickup, delivery in France or abroad), and regardless of the Customer's country of establishment (in France or abroad).

These general terms and conditions also apply regardless of how the Customer places the order (in-store or online). It is specified that any order placed in-store is preceded by the opening of an account in the Customer's name, as indicated in Article 2.1. When opening the account prior to the in-store order, the Customer will be asked to confirm acceptance of these general terms and conditions of sale. Furthermore, placing an order on the Seller's website requires the Customer to click to check the box 'I have read the general terms and conditions of sale and I accept them without reservation'.

1.3 These general terms and conditions of sale prevail over any other document originating from the Customer, and in particular over any other general or specific conditions originating from the Customer, unless written agreement is given by the Seller prior to the order. All other documents originating from the Seller, including catalogs, advertisements, website, have only informative and non-contractual value.

1.4 The Seller reserves the right to modify these general conditions from time to time. The general conditions in force correspond to those accessible online on the Seller's website on the date of the order.

1.5 The fact that the Seller does not invoke any clause of these general conditions at a given time shall not constitute a waiver of the right to invoke it later.

2.1 Any order requires the prior opening of a customer account. Opening a customer account requires the provision of the following information and documents: a Kbis extract less than three months old or an equivalent document for foreign companies, bank details (RIB), as well as the Customer's complete contact information (company name, registered office address and delivery address if different, phone number, email address). The Customer undertakes to inform the Seller without delay of any changes affecting this information.

2.2 Any order submitted to the Seller in-store or via its website is firm, final, and irrevocable for the Customer. Any subsequent modification of the composition or volume of an order placed by the Customer requires the Seller's written acceptance. When the Customer places an order on the Seller's website, providing the Customer's bank details and validating their order will serve as proof of their irrevocable commitment. The Customer has access to the summary of their order and their invoice by logging into the 'My Account' section of the Seller's website. The Seller always has the option to demand the execution of the order placed by the Customer. If the Seller does not exercise this option, any sum paid at the time of the order will remain definitively acquired by the Seller. In the event that no sum has been paid by the Customer at the time of the order, and if the Seller does not exercise its option to demand the execution of the order, the Customer will be liable for compensation fixed lump sum at 30% of the price excluding tax of the ordered Products.

2.3 When an order is placed by the Customer on the Seller's website, the provision of the Customer's banking data and the validation of their order shall constitute proof of their irrevocable commitment. The Customer has access to the summary of their order and their invoice by logging into the "My Account" section of the Seller's website.

3.1 Delivery times Delivery times are given for informational and indicative purposes only. The Seller endeavors to respect the delivery times indicated upon acceptance of the order, based on the standard logistics timeframe in the profession, and to execute orders, except in cases of force majeure, or in circumstances beyond its control, such as strikes, frost, fire, storm, flood, epidemic, supply difficulties, without this list being exhaustive.

3.2 Delivery methodsDelivery is made either by direct handover of the product to the buyer, by notice of availability, or by delivery to a shipper or carrier at the Seller's premises. The Customer undertakes to take delivery within five (5) days following the notice of availability. Once this period has expired, the Seller may consider the order canceled and the sale unilaterally terminated by the Customer.

3.3 Transfer of ownership and risks The transfer of ownership of the Products only occurs upon full payment of the order price by the Customer, as indicated in Article 6 below. However, the transfer of risks of loss and deterioration of the sold Products will take place upon their delivery under the conditions provided for in Article 3.2 above, so that the Products travel at the exclusive risk and peril of the Customer.

3.4 Delivery costs Delivery of Products in France is free for any order over 390 euros excluding taxes. Any request for delivery of Products outside mainland France may be subject to specific charges borne by the Customer.

3.5 Transport The Customer is required to check the condition of the packaging, the number and content of the packages, as well as the condition of the Products upon receipt. It is the Customer's responsibility, in case of damage to the Products or missing Products, to make all clear and precise reservations with the carrier. Any Product for which reservations have not been addressed to the carrier by registered letter with acknowledgment of receipt within three (3) days following delivery, in accordance with Article L. 133-3 of the Commercial Code, followed by sending a copy of this letter to the Seller, will be considered accepted by the Customer, even in the case of international transport. The Seller's liability can never be invoked for acts of destruction, damage, loss, or theft occurring during the transport of the Products.

3.6 Reception and claims The unreserved reception of the ordered Products by the Customer covers any apparent defect of the Products and any missing Product. In case of apparent defects of the Products or missing Product, and without prejudice to the claim that the Customer is required to address to the carrier under the conditions described in Article 3.5, the Customer's claim will only be considered by the Seller if it is made in writing, by registered letter with acknowledgment of receipt, within three (3) days following reception. It is the Customer's responsibility to provide with their claim all justifications likely to demonstrate the reality of the apparent defects of the Products or the reality of the missing Products. The claim made by the Customer, under the conditions and according to the methods described in this article, does not suspend the payment by the Customer of the concerned Products.

3.7 Product Returns After receiving the Customer's claim, under the conditions and according to the methods provided for in Article 3.6, a Product return may be made by the Customer after obtaining the prior written agreement of the Seller. The return costs will then be borne by the Customer and only the carrier chosen by the Seller will be authorized to handle the return of the Products. The products will be returned directly to the address indicated by the Seller or to a manufacturer's maintenance center whose details will be communicated to the Customer by the Seller. The Seller will proceed directly or through an agent to check the returned Products to verify the reality of the apparent defects or missing items. In case of acceptance of the Customer's claim by the Seller, the Customer may only request the replacement of non-conforming Products and/or the supplement to be provided to make up for missing items, excluding any compensation and the resolution of the order.

4.1 Prices are set by the tariff in effect on the day the order is placed. The list of prices in effect appears in the Seller's price catalog accessible on its website on the date of the order. Prices are expressed in euros excluding taxes. VAT and other non-included taxes will be invoiced in addition, as well as delivery costs that are not covered by the Seller under the conditions provided for in Article 3.4 above.

4.2 No discount will be granted to the Customer for early payment, except in the case of an express, prior, and written derogation agreement from the Seller.

5.1 The price is paid by the Customer within the deadlines and according to the terms agreed upon when ordering. In the absence of a specific agreement, any order is paid in cash. Exceptionally, the Seller may grant the Customer payment terms, which cannot exceed 60 days from the date the invoice is issued by the Seller. The Customer agrees to receive the Seller's invoices electronically, in accordance with Article 289 VI of the General Tax Code.

5.2 In accordance with Article L. 441-6 of the Commercial Code, late payment penalties are due in the absence of payment the day after the payment date shown on the invoice. The rate of these late payment penalties is set at 5% per month. It is reminded that the Customer can never, on the grounds of a claim made by them, withhold all or part of the sums due, nor make a set-off.

5.3 In the event that the Seller incurs costs to recover the sums owed to it, it shall be entitled to full reimbursement by the Customer. The sum owed by the Customer for the reimbursement of recovery costs can never be less than 10% of the amount excluding taxes of the sum to be recovered, as a lump-sum indemnity.

The sold Products remain the property of the Seller until full payment of their price, even in the case of granting payment terms. Any contrary clause is deemed unwritten.

Until full payment of the price, the Customer undertakes not to proceed with any resale, transformation, or incorporation of the sold Products, nor to grant any guarantee on these Products.

By express agreement, the Seller may exercise the rights it holds under this retention of title clause, for any of its claims, on all of its Products in the Customer's possession, the latter being conventionally deemed to be the unpaid ones, and the Seller may take them back or claim them as compensation for all its unpaid invoices.

This retention of title does not prevent the risks from being transferred to the Customer at the time of delivery of the Products. Until full payment of the price, the Customer acts as custodian and guardian of these goods.

7.1 Absence of Seller's contractual warranty The Seller reminds that it personally provides no contractual warranty attached to the sold Products. Some Products may, however, benefit from a contractual warranty provided by their manufacturer, according to the terms and conditions defined by this manufacturer, which in no way bind the Seller. The conditions of the contractual warranty possibly provided by the manufacturer of the Products will be communicated to any Customer who requests them from the Seller.

7.2 Warranty against hidden defects The Seller is bound by the legal warranty against hidden defects under the conditions provided for by Articles 1641 et seq. of the Civil Code. However, it is reminded that defects and deteriorations of the Products resulting from abnormal storage and/or conservation conditions by the Customer cannot give rise to this warranty. Similarly, it is reminded that the warranty against hidden defects will be excluded once the Products have been used under unintended conditions of use. The Customer being a professional of the same specialty as the Seller, is presumed to have received all technical information relating to the Products before the order. The fact that the Customer invokes the existence of a hidden defect does not release them from their obligation to pay the Seller for the concerned Products. The warranty owed by the Seller is limited to the replacement or repair of the Products or parts affected by a hidden defect.

10.1 In accordance with the law of January 6, 1978 relating to data processing, files, and freedoms, the Customer is informed that the information requested by the Seller in the context of using its website is mandatory to allow the Seller to process and execute orders placed on the site.

10.2 The Customer has a right of opposition, access, rectification, and deletion concerning their personal data, which they can exercise under the conditions provided by law by sending an email to the Seller's address, specifying their name, first name, email address, and account ID.

10.3With the express authorization of the Customer, the Seller may send them commercial information about the company, its products, and its services. No information concerning the Customer will be transmitted to third parties, except to the Seller's suppliers for the sole purpose of executing orders and within the limits of the information strictly necessary for this purpose.

10.4 The contact details of all users registered on the Site are kept for a maximum period of one year from the deletion of the personal space, a reasonable duration necessary for the proper administration of the site and the normal use of data.

11.1 Any question, dispute, or litigation relating to these general terms and conditions of sale, as well as sales governed by these general conditions, shall be governed by French law, even if the Customer is domiciled outside French territory, and regardless of the place of delivery of the Products, excluding any other legislation, and in particular excluding the provisions of the Vienna Convention on the International Sale of Goods.

11.2 Any dispute relating to the application of these general terms and conditions of sale, their interpretation or execution, as well as any dispute relating to sales governed by these general conditions or the payment of the price, shall be under the exclusive jurisdiction of the Commercial Court of Lyon, even in the event of a warranty claim or multiple defendants. The attribution of jurisdiction is general and applies, whether it is a principal claim, an incidental claim, an action on the merits, or a summary proceeding.