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General Terms and Conditions of Sale

kheoos General Terms and Conditions of Sale 2024

Valid from 01/08/2023

1.1 Sales channel

The sales channel (hereinafter referred to as the “Channel“) represents all means of sale, including all online stores operated by kheoos (hereinafter referred to as “the Seller” or “kheoos“) and hosted on the www.market.preprod.kheoos.com platform or any other third-party platforms.

1.2 Seller's activities

The Seller’s activity is the purchase and resale of industrial maintenance parts (such as mechanical, electrical, hydraulic parts, motors, pumps,
valves, seals, circuit boards, semiconductor components, etc. (hereinafter “the Products“)).

The Products are either:

1. from dormant inventories of industrial companies. In this case, the Products are sold as-is (as indicated on the Channel, namely:
refurbished products, products without packaging, assembled or disassembled products, others, etc.) and without warranty of compliance with any
product specification.

2. new Products.

1.3 Identification of the Seller

The company kheoos is a simplified joint-stock company with a share capital of 185,466 euros, headquartered at 67 boulevard Denfert-Rochereau – 38500 VOIRON, and registered with the Grenoble Trade and Companies Register under number 838 448 181. VAT ID: FR 16 838 448 181

2.1 Purpose of the general terms and conditions

These general terms and conditions (hereinafter “the General Terms and Conditions”) are intended to govern any order (hereinafter “the Order“) for Products placed by any professional buyer (hereinafter the “Buyer”) with kheoos, either on the Channel or by any other means.

Accordingly, in accordance with the provisions of Article 1369-6 of the French Civil Code, explicit exemption is made from the provisions identified in 1° to 5° of Article 1369-4 and Article 1369-5 of the same Code, as these General Terms and Conditions cover sales entered into exclusively between professionals.

The Buyer declares having read these General Terms and Conditions and having accepted them in full before placing any Order.

2.2 Validity and modification of the General Terms and Conditions

These General Terms and Conditions may be subject to future amendments; the version applicable to the Buyer’s purchase is the one in force on the Channel at the date the Order is placed.


The fact that a party does not invoke, at any given time, any of these General Terms and Conditions shall not be interpreted by the Buyer as a waiver by the Seller to invoke any of said General Terms and Conditions later on.

2.3 Documentary evidence

The documents transmitted are in digital format.

Unless proven otherwise, the data recorded in the Seller’s computer system constitutes evidence of all transactions concluded with the Buyer.

The contractual information relating to the Order will be confirmed by email by the Seller to the Buyer.

The validation of the Order by the Buyer shall constitute proof of the Order and trigger the payment obligation.

Any Order validated by a Buyer constitutes their prior, express, and unconditional acceptance of the General Terms and Conditions.

Orders are final and irrevocable. They may not be modified or canceled, except with the Seller’s written consent.

3.1 Order confirmation

The Buyer receives an electronic confirmation including a summary of their Order.

The Order only becomes firm and final after the Seller sends this email Order confirmation.

The Seller reserves the right to refuse the Order if it is abnormal, placed in bad faith, or for any other legitimate reason, especially in the case of a dispute with the Buyer concerning, in particular, the payment of a previous order.

For dual-use goods, the sale is subject to any required export authorizations in accordance with applicable regulations (Regulation (EC) 428/2009).

3.2 Personal information

When placing the Order, the Buyer agrees to provide the requested information and guarantees its accuracy.

kheoos cannot be held liable for any data entry errors by the Buyer or errors on the Order form, or for the resulting consequences in terms of delay or delivery error.

3.3 Order processing

Orders are processed in the order in which they are actually received.

kheoos undertakes to process all Orders, within the limits of available stock.

The Buyer will receive an electronic confirmation of Order shipment specifying delivery times.

4.1 Product information

The Buyer receives by electronic means a confirmation including the summa

The essential characteristics and prices of the Products are available on the Channel.

These characteristics, illustrations, and indications of the dimensions or capacities of the Products presented on the Channel are as provided to kheoos by the Product suppliers.

kheoos is therefore not liable in the event of errors or omissions in the information provided.

Furthermore, the photographs and graphics presented on the Channel are not contractually binding and do not constitute the Seller’s responsibility. The choice and purchase of a product are the sole responsibility of the Buyer, who must refer to each Product description to find out about its essential properties and features.

Total or partial inability to use the Products, in particular due to material incompatibility or non-compliance with the Buyer’s requirements, cannot give rise to any responsibility on the part of the Seller, nor to any right to damages or reimbursement for the Product.

4.2 Availability

Product offers are subject to available stock, as specified at the time the Order is placed.

If Products ordered come from surplus stocks, the Buyer is informed that kheoos does not guarantee any follow-up, restocking, or supply beyond the available inventory.

If the Product is unavailable at the time of the Order, kheoos cannot be held liable nor provide any compensation to the Buyer.

If unavailability occurs after the Order is placed, kheoos undertakes to inform the Buyer as soon as possible and to issue a refund for the Product.

Products are supplied at the rates in force shown on the Channel at the time the Order is recorded by the Seller. Prices are expressed in Euros, excluding and including tax (VAT).

These rates are firm and non-revisable during their period of validity, as indicated on the Channel, the Seller reserves the right, outside this
period of validity, to change prices at any time.

They do not include processing, shipping, transport, and delivery costs, which are invoiced in addition, in the conditions indicated on the Channel and calculated before the Order is placed.

The amount invoiced to the Buyer corresponds to the total purchase amount, including these additional charges.

The Buyer cannot claim any price reduction due to non-compliant delivery.

Title to the Products is transferred to the Buyer only after full payment of the price, including principal, interest, penalties, and additional charges.


kheoos reserves the right to demand the return, at the Buyer’s expense and risk, of any unpaid Products, without prejudice to any other available actions. Products still held by the Buyer are presumed to be unpaid Products.

7.1 Payment validation

The Seller’s confirmation of payment is required before Products are shipped to the address indicated by the Buyer.

7.2 Terms of payment

The price is payable in full, on the day the Order is placed by the Buyer, either by bank card or by bank transfer.

If debiting the price is impossible or in the event of an unexecuted bank transfer, the sale will be automatically and immediately terminated and the Order cancelled.

7.3 Access to the invoice

An invoice is issued by the Seller at the latest upon delivery of the Products.

The Buyer’s invoice is available and can be downloaded from the Channel under “My account”.

8.1 Deliveries outside mainland France

In the case of an order for a country other than mainland France, the Buyer is the importer of the Product(s) concerned.

Customs duties or other local taxes or import duties or state taxes may be due. They are solely the Buyer’s responsibility and liability.

8.2 Delivery process

The Seller is authorized to carry out deliveries either in full or in part.

Delivery will take place at the delivery address specified by the Buyer during the Order process.

8.3 Delivery times

Delivery times are given for information only; deliveries are made based on availability and in the order in which Orders are received.

Delays in delivery do not entitle the Buyer to damages, penalties, or to cancel current Orders, unless agreed by the Seller.

The Buyer is not authorized to delay payment or deduct any amounts owed.

8.4 Transfer of risk

The transfer of risk for the Products takes place upon delivery, with goods delivered according to DAP incoterm (Incoterms 2020).

The Seller shall not be liable for the choice of carrier.

8.5 Checking the Order on arrival

The Buyer is required to check the condition of the Products upon delivery.

In case of damage or loss during transport, the recipient must immediately inform kheoos, and in any case no later than within 24 hours after delivery, otherwise the claim will be time-barred, in order to allow kheoos to take any action against the carrier.

If the Products are non-compliant with the Order or have visible defects, the Buyer has a period of seven (7) business days from delivery to submit any claims or reservations to the Seller in writing (by letter, email, or fax), with all supporting documentation (including photos).

After this deadline, and in the absence of these procedures, the Products will be deemed to conform to the Order and free from any visible defects, and no claim will be accepted by the Seller on these grounds.

8.6 Product return procedure

No Product will be accepted for return if it has undergone any handling whatsoever.

The Buyer shall not refuse any Products and/or return Products without the Seller first having an opportunity to verify the validity of the claim raised by the Buyer.

Any unjustified refusal of all or part of the Products will result in the invoicing of transport and other costs incurred due to the refusal.

Any return of a Product must be formally approved in advance by the Seller, who will issue a return number to the Buyer.

This procedure does not constitute any acknowledgment of liability by the Seller before analysis of the returned Product.

All costs and risks of return are always borne by the Buyer.

The Seller will replace (or refund in the event replacement is impossible) Products delivered with defects in conformity or visible defects, provided these are duly established by the Seller.

9.1 Warranties

Products sold are covered by a commercial warranty of three (3) months from delivery.

The warranty consists solely of replacement or, if replacement is not possible, a refund of the Product.

9.2 Exclusions

The warranty does not apply to visible defects or non-conformity with the Order, which the Buyer must claim under the conditions of Article 8.6.

The warranty is excluded for defects or damage caused by normal wear and tear, an external accident, incorrect installation, improper use, unsuitable transportation or storage conditions, or modification of the Product by a third party.

Exclusions from liability also include defects or damage caused by the Product being unsuitable for the Buyer’s or their customers’ needs.

kheoos does not provide any warranty for Products sold with respect to any specification, nor any liability for errors regarding the Product sold or its functionalities.

It is the Buyer’s responsibility, as a professional, to verify that the Product is suitable for the intended use by themselves or their customers.

9.3 Seller's liability

The Seller’s liability is limited to defects in the Products sold. It never covers defects that appear due to integration or addition of the Products with those from other suppliers.

The Seller shall in no case be required to compensate for indirect and/or consequential damages, including loss of business or profit, indirect losses, or consequential damages of any kind suffered by the Buyer or any third party in relation to the Products.

In any event, the Seller’s liability is limited, irrespective of the cause, to the value of the Order for the Products in question.

The Seller cannot be held liable for non-compliance with the regulations of the country to which the Products are delivered; it is the Buyer’s responsibility to check this compliance.

kheoos cannot be held liable for non-performance or delay in performance of any of its obligations to the Buyer in the event of special circumstances, or in case of force majeure. “Force majeure event” means any circumstance preventing total or partial performance of the contract that cannot be overcome despite reasonable diligence by kheoos, such as, but not limited to, war, riot, fire, total or partial strike, explosion, flood, telecommunications failure, or transport disruption.

The Seller and the Buyer expressly declare that they waive the provisions of Article 1195 of the French Civil Code and agree not to invoke the hardship regime, each party committing to fulfill its obligations and bear all economic and financial consequences, even if unforeseen circumstances at the date of these Terms render performance excessively onerous for either party.

Total or partial reproduction of the Channel is strictly prohibited. All texts and illustrations on this Channel are protected by copyright law.

Personal data means the data provided by the Buyer that allows identification, directly or indirectly, within the meaning of the French Data Protection Law of January 6, 1978 as amended.

Personal data collected is retained for a period equivalent to the duration of the commercial relationship and may then be archived for five (5) years after the end of the contractual relationship in accordance with the commercial statute of limitations.

Personal data collected through the Channel is hosted by OVH.

13.1 Purposes of processing

Personal data collected when using the Channel is processed for the following purposes, among others:

• Processing the Buyer’s order and preparing the corresponding invoice

• Creating records of Buyers ordering via the Channel

• Sending newsletters, solicitations, and promotional messages; the Buyer may expressly opt out by unchecking the box “I wish to subscribe to kheoos newsletters” in the “my account”/“my details” section or by unsubscribing directly via the electronic messages sent.

• Compiling statistics and measuring Channel traffic

13.2 Recipients of Personal Data

kheoos undertakes to take all necessary precautions, as well as appropriate organizational and technical measures, to ensure the security, integrity, and confidentiality of personal data, particularly to prevent it from being distorted, damaged, or accessed by unauthorized third parties.

13.3 Personal Data transferred to authorities and/or public bodies

In accordance with applicable legislation, personal data may be transferred to competent authorities upon request, in particular to public bodies, strictly to fulfill legal obligations, to legal officers, bailiffs, and organizations responsible for debt recovery.

13.4 Personal Data transferred to third parties:

When creating a Buyer account on the Channel, the Buyer will be able to choose whether to receive offers from the Seller and its partners.

Personal data may, with the express prior consent of the Buyer, be used by kheoos, its subcontractors, its affiliates and/or by its business partners if the Buyer has checked the corresponding box “I wish to receive offers and information from kheoos partners”, in the “my account”/“my details” section.

13.5 Buyer's right to object, rectify and delete data

In accordance with the amended Law of January 6, 1978, the Buyer has the right to access, query, modify, rectify, and delete personal data concerning them.

The Buyer also has the right to object to the processing of their Personal Data for legitimate reasons and the right to object to the use of such data for marketing purposes.

This guarantee does not apply to processing for statistical purposes when such data is only used anonymously and in aggregate.

The Buyer may exercise these rights by sending a written request with proof of identity to the following email address: gdpr@kheoos.com.

13.6 Cookies

Traffic data and cookie files that kheoos stores on the Buyer’s computer are intended to: recognize the Buyer during a future visit, personalize the Channel for the Buyer, secure transactions that the Buyer may make, temporarily store items the Buyer wishes to order until the transaction, and enable kheoos, internally, to analyze Channel page activity in order to improve its content.

Buyer browsing data is not used on a personal basis; only aggregated statistics are generated to identify the most and least popular pages, preferred pathways, activity by day of the week and time of day, main Buyer or server errors. Without cookies, kheoos cannot guarantee certain requests. If Buyers do not delete cookies (via the Tools/Internet Options section of their browser), this information is kept on their computer permanently.

The Buyer can refuse to accept cookies by configuring their browser in accordance with the browser’s specific recommendations.

The General Terms and Conditions will be governed by and interpreted in accordance with French law.

All disputes arising from the purchase and sale operations concluded pursuant to these General Terms and Conditions, regarding their validity, interpretation, performance, termination, consequences and aftermath, and which could not be resolved between the Seller and the Buyer, shall be submitted to the courts, specifically the Commercial Court of Grenoble.