Terms and conditions of sale

The following provisions define the general terms and conditions of sale on the Hexosim website.

These general terms and conditions of sale (hereinafter referred to as “TCS”) define the contractual rights and obligations of the seller and its customer in the context of a distance and electronic sale of goods and products.

The TCS govern exclusively the relationship between the seller and the customer.

The TCS express the entirety of the obligations of the parties. The customer is deemed to accept them without reservation, failing which the order will not be validated.

In the event of doubt concerning any of the terms and conditions of sale, the practices in force in the distance selling sector by companies whose registered office is in France and the French Consumer Code shall apply.

The seller reserves the right to modify the TCS from time to time. The modifications will be applicable as soon as they are put online.

General Terms of Contact

Pour toutes questions, réclamations, retours ou exercices du droit de rétractation, veuillez contacter notre service client via la page dédiée sur notre site web.

Article 1. Online Store

Through the Hexosim website (hereinafter “the Website”), the Seller provides the Customer with a catalog or an online store showcasing the products offered for sale.

The Seller strives to present the products with the greatest possible accuracy through detailed descriptions and photographs. However, the photographs illustrating the products are for indicative purposes only and are not contractually binding. Slight variations (especially in shades) may exist compared to the final product delivered.

In the event of obvious errors or omissions in the description or presentation of a product, the Seller’s liability can only be engaged within the limits provided by law.

Products are offered for sale within the limits of available stock for each option presented (Kit or Pre-assembled). Availability is indicated on the Website but only becomes final after confirmation of the order.

Prices and taxes relating to the sale of products are specified on the product sheets and summarized in the Customer’s shopping cart before validation of the order.

Article 2. Products

2.1 Delivery Formats and Assembly

The automotive simulators offered on the Website are delivered according to the option chosen by the Customer when placing their order:

• “Pre-assembled in modules” Option: The product is delivered in several main modules pre-assembled by the Seller. The final assembly of these modules to make the product functional must be carried out by the Customer, in accordance with the specific instructions provided for this option.
• “Complete Kit” Option: The product is delivered entirely in separate parts (kit). The complete assembly of the simulator must be carried out by the Customer, according to the detailed instructions provided in the assembly manual.

For the “Complete Kit” option, the assembly is carried out by the Customer and under their sole responsibility. The Seller cannot be held responsible for defects, damage, or malfunctions resulting from incorrect assembly, not in accordance with the instructions, or from misuse of the product once assembled by the Customer.

Unless explicitly stated otherwise on the product sheet, the tools necessary for assembly (whether for the “Complete Kit” option or for the final assembly of the modules of the “Pre-assembled” option) are not included and must be provided by the Customer.

2.2 Characteristics of Materials

As our products are mainly made of wood, a natural and living material, slight variations in shade, texture, grain, or the presence of knots may exist from one product to another, or within the same product. These variations are part of the unique character and authenticity of wood and cannot be considered as defects of conformity or vices.

2.3 Compliance with Local Standards and Regulations

The products offered by the Seller are designed to comply with the legislation and technical and safety standards applicable in France and the European Union at the time they are placed on the market. The Seller may also strive to comply with certain specific regulations known for major export markets, without this constituting a guarantee of exhaustive compliance with all regulations of all countries outside the EU.

For any order intended for a country outside the European Union, it is the sole responsibility of the Customer to verify, before placing an order, not only that the products are compliant with all local regulations and standards (technical, health, safety, materials, etc.) that are applicable there, but also that they can be legally imported and used there.
The Seller’s responsibility cannot be engaged in the event of non-compliance of the products with legislation or a standard other than those in force in France or the European Union. Similarly, the Seller cannot be held responsible in the event of import bans on products, blocking or seizure by customs for reasons of local non-compliance or prohibition, or restrictions on the use of products in the destination country.

Article 3. Prices

The Seller reserves the right to modify its prices at any time, it being specified that the modifications will only apply to orders placed after their publication on the Website.

Products are invoiced based on the rates in force displayed on the Website at the time of registration of the order by the Customer, subject to availability on that date.

Prices are indicated in Euros (€). The presentation of prices varies depending on the delivery destination provided by the Customer or deduced from their IP address:

• For deliveries within the European Union: Prices are indicated All Taxes Included (TTC), including the French Value Added Tax (VAT) applicable on the day of the order. Any legal change in the applicable VAT rate will be automatically reflected in the price of the products as soon as it comes into force.
• For deliveries outside the European Union (including but not limited to the United States and Canada): The prices displayed are indicated Excluding Taxes (HT).

Specific clause for deliveries outside the European Union: The Customer ordering for delivery outside the European Union is informed and expressly accepts that they are acting as the importer of the product(s) concerned in the destination country. As such, the Customer is solely and uniquely responsible for the payment, upon arrival of the package in the destination territory, of all customs duties, local taxes (such as, for example, the Sales Tax in the USA or the GST/HST in Canada), import duties, or other possible taxes and fees (for example, carrier’s file fees for customs clearance) required by local authorities and/or the carrier. These duties, taxes, and fees are not included in the price paid to the Seller and are in no way the responsibility of the latter. The Seller cannot under any circumstances be required to inform the Customer of the amount of these additional fees or to bear them. It is imperative for the Customer to inquire with the competent customs and tax authorities of their country about the applicable regulations and any import costs before placing an order. The Seller cannot be held responsible for any delivery delay due to a customs block, a refusal of customs clearance, or any additional cost imposed on the Customer by local authorities or the carrier during import.

The prices indicated on the product sheets do not include delivery costs. These are calculated and added to the total amount of the order depending on the chosen delivery method, the weight of the package, and the destination. Delivery costs are clearly indicated to the Customer before final validation of their order. However, unless otherwise indicated on the Website (especially during specific commercial operations), the Seller offers standard delivery costs for any order whose total product amount reaches or exceeds 250 Euros (€) TTC (or the equivalent Excluding Taxes for deliveries outside the EU). This free delivery offer does not necessarily apply to express or specific delivery options that may be offered.

If one or more new taxes or contributions, especially environmental ones (for example, eco-participation), were to be created or modified, whether increased or decreased, this change may be reflected in the selling price of the products for future orders. The total amount due by the Customer is indicated on the summary page before the final validation of the order. It includes the price of the products (TTC for the EU / HT outside the EU) and the applicable delivery costs (or their free status according to the conditions stated above).

Article 4. Online Order

The Customer has the possibility to place an order online, from the Seller’s catalog or online store accessible on the Website, for any available product and within the limits of stock.

For their order to be validated, the Customer must follow the steps indicated on the Website, which may include:

1. Selection of the desired products and options (for example, “Complete Kit” or “Pre-assembled” format) and adding them to the virtual cart.
2. Verification of the contents of their cart, with the possibility of modifying quantities or deleting items.
3. Providing accurate and complete personal and delivery information (identity, email address, delivery address, billing address if different, telephone number if required for delivery).
4. Choosing the delivery method from those offered.
5. Reading and expressly and unreservedly accepting these General Terms and Conditions of Sale by checking the box provided for this purpose. Without this acceptance, the continuation of the ordering process is impossible.
6. Choosing the payment method from those offered.

Before definitively confirming their order and proceeding to payment, a complete summary of it will be presented to the Customer. This summary will include the details of the products and options ordered, the total price (including applicable taxes and delivery costs), the delivery and billing addresses, as well as the chosen delivery and payment methods.

The Customer will then have the possibility of verifying the details of their order and its total price, and of correcting any errors by going back to the previous steps, before confirming their final acceptance.

The final confirmation of the order by the Customer, materialized by a click on the final validation button (for example, “Order and Pay”, “Validate and Pay” or any equivalent mention indicating an obligation to pay), constitutes an electronic signature which is equivalent to the conclusion of the sales contract and irrevocable acceptance of the order, its price and these GTC. It entails an obligation to pay the total amount indicated in the order summary.

The Customer must provide a valid email address. They acknowledge that this address will be the primary means of electronic communication between them and the Seller for order tracking (confirmation, shipping, etc.) and for any correspondence relating to the contract, in accordance with these TCS.

The Seller reserves the right to refuse, suspend or cancel an order for any legitimate reason, in particular in the following cases:

• Total or partial non-payment of a previous order by the Customer.
• Refusal of payment authorization from banking organizations during the attempted payment.
• Delivery or billing address that is manifestly incorrect, incomplete, or not served.
• Inconsistent or fraudulent Customer information.
• Existence of a previous or ongoing dispute with the Customer.
• Unavailability of an ordered product (the Customer will then be informed according to the methods of Article 10).
• Abnormally high quantities ordered for a buyer who is a consumer.

In these cases, the order will not be validated or will be canceled, and no debit will be made or a refund will be initiated if a payment has already taken place in error. The Customer will be informed by email.

Article 5. Payment

5.1 Accepted Payment Methods

Payment for the order is made in Euros (€). The only payment methods accepted by the Seller are the following:

• Credit Card: Cards from the Carte Bleue, Visa, Mastercard networks are accepted. Payment is made via the secure platform of our payment provider.
• PayPal: Payment is made via the secure PayPal platform. The Customer must have a PayPal account or can use the service without an account according to PayPal’s own conditions.

“4X free of charge” Payment Facility via PayPal: When the Customer chooses to pay via PayPal, they may be offered by PayPal, subject to eligibility and acceptance of their file by PayPal, a payment facility in “4 times free of charge”. It is expressly specified that: * This payment facility is a service offered, managed and provided exclusively by PayPal (Europe) S.à r.l. et Cie, S.C.A. * The use of this service is subject to the general terms of use of PayPal and their credit policy. * The Seller does not intervene in any way in the decision to grant, the conditions, or the management of this payment facility (schedule, payment incidents, etc.). The Seller receives the full payment for the order from PayPal upon validation. * The contract relating to the spreading of payments is concluded exclusively between the Customer and PayPal. For any question, complaint or difficulty concerning the “Payment in 4X”, the Customer must contact PayPal services directly.

The Customer guarantees to the Seller that they have the authorizations possibly necessary to use the chosen payment method (Credit Card or PayPal account) when placing the order.

5.2 Payment Obligation and Exigibility

The final validation of the order by the Customer, as described in Article 4, entails an obligation to pay the total amount indicated in the order summary. The price is payable in full after confirmation of the order. Payment is made in cash at the time of ordering. The order will only be processed after receipt and validation of payment by the Seller.

5.3 Transaction Security

The Seller implements the necessary means to ensure the security and confidentiality of data transmitted online during payment. Transactions are carried out via a secure payment platform using a data encryption protocol (for example, SSL protocol) and, where applicable, additional security devices such as 3D-Secure. The payment information provided by the Customer during the transaction is not stored on the Seller’s servers, but managed directly by the secure payment provider.

5.4 Payment Default, Verifications, and Fight against Fraud

In the event of refusal of payment authorization by credit card from officially accredited organizations or in the event of non-payment or partial payment, the Seller reserves the right to suspend any order management and any delivery, or even to cancel the order concerned. The Seller also reserves the right to refuse to make a delivery or to honor an order from a Customer who has not fully or partially paid a previous order or with whom a payment dispute is being administered.

As part of the fight against internet fraud, the Seller may have to verify the bank details and/or the identity of Customers before any delivery. This verification may take the form of a request for supporting documents (identity and/or proof of address). By placing an order, the Customer agrees that the Seller may carry out such verification. In the event of failure to provide the requested supporting documents or if the documents provided do not make it possible to establish with certainty the identity of the author of the order and the reality of their domicile, the Seller reserves the right to cancel the order.

Regarding the fraudulent use of a means of payment: In the event of fraudulent use of their credit card or another means of payment, the Customer is invited to immediately contact their bank or the issuer of the means of payment concerned and to follow the procedure indicated by them. In accordance with French law, the cardholder can dispute unauthorized transactions within 13 months of the debit date (Article L133-24 of the Monetary and Financial Code).

5.5 Order Confirmation after Payment

After effective validation of payment by the banking provider, the Seller will send the Customer an order confirmation by email to the email address provided by the latter. This email will summarize the essential information of the order (order number, products ordered and their essential characteristics, total price including or excluding taxes depending on the destination, delivery costs, delivery and billing address). It will be accompanied by a copy of these General Terms and Conditions of Sale in force on the day of the order (on a durable medium, for example in PDF format) and the corresponding invoice (or will indicate the methods for the Customer to access it, for example via their customer account). At the express request of the Customer before the invoice is issued, it may be established at a billing address different from the delivery address.

Article 6. Evidential Value and Electronic Signature

In accordance with the provisions of Law No. 2000-230 of March 13, 2000 adapting the law of evidence to information technologies and relating to electronic signatures :

The final validation of the order by the Customer, as formalized in Article 4 of these General Terms and Conditions of Sale (including acceptance of the TCS, verification of the summary, final confirmation click with payment obligation) and associated with the authentication procedure and the provision of information required for the chosen payment method, constitutes an electronic signature.

This electronic signature has, between the parties, the same legal value as a handwritten signature.

Consequently, this final validation implies:

Express and irrevocable acceptance by the Customer of all the operations carried out during the ordering process and of these General Terms and Conditions of Sale.

Proof of the Customer’s agreement on the content of the order and the obligations arising therefrom;

Exigibility of the sums due under this order;

Article 7. Archiving and Proof

Computerized records, kept in the Seller’s computer systems under reasonable security conditions, will be considered as proof of communications (including exchanges by email), orders, payments, and transactions between the Customer and the Seller.

The Seller archives order summaries and invoices on a reliable and durable medium, in accordance with the legal provisions in force, in order to constitute a faithful copy. These documents may be produced as proof of the transaction.

In accordance with article L. 213-1 of the Consumer Code, for any order for an amount equal to or greater than 120 Euros (€), the Seller ensures the preservation of the written document recording the contract concluded electronically (including these accepted GTC, the order summary and the confirmation) for a period of ten (10) years from the conclusion of the contract or the delivery of the good if it is later. The Seller guarantees access to this archived contract to the Customer who requests it during the same period, according to methods which will be communicated to him on simple request.

Article 8. Delivery

8.1 Delivery Conditions

The delivery of the products ordered is made to the delivery address indicated by the Customer during the ordering process. The Customer is responsible for the accuracy and completeness of the address provided and must ensure that delivery is possible there. The Seller cannot be held responsible for an impossibility of delivery due to an error or an inaccuracy in the address provided by the Customer.

Delivery is only made after validation and effective collection of the full payment of the order by the Seller.

8.2 Delivery Methods and Times

The available delivery methods are specified on the Website during the ordering process. The Customer chooses the desired delivery method from those offered.

The delivery times indicated on the Website at the time of the order are estimated times, expressed in working days. They include the order preparation time (which may require additional time due to the manual packaging of the kit components: hardware, parts, plans, manual, etc.) and the delivery time by the selected carrier.

Unless otherwise indicated on the product sheet (especially for pre-order products whose specific conditions are detailed in Article 11), the estimated average delivery times are as follows:

• For metropolitan France: 15 working days.
• For countries of the European Union: 15 working days.
• For destinations outside the European Union (including USA, Canada): 15 working days.

These times are average estimates and do not take into account weekends, public holidays, or any delays due to customs formalities (for deliveries outside the EU) or to cases of force majeure (as defined in Article 13), which are beyond the control of the Seller. The delivery time starts from the effective validation of the order payment.

The Seller undertakes to make its best efforts to respect the estimated times, but any overrun cannot give rise to damages.

8.3 Receipt and Delivery Problems

• Delivery Delay: In accordance with the law (articles L. 216-6 and L. 216-7 of the Consumer Code), if the Seller does not respect the agreed date or delivery time (or, failing agreement, the maximum legal period of 30 days after the order), the Customer must, before canceling their order, formally request the Seller to deliver within a new reasonable period. This formal notice must be made in writing on a durable medium (for example, via the contact form of the Website or by registered letter with acknowledgment of receipt). If the Seller has still not delivered within this new period, the Customer may then cancel their order by a second written notice on a durable medium. The order will be considered canceled upon receipt of this written notice by the Seller, unless delivery has taken place in the meantime. In the event of cancellation for delay under these conditions, the Seller will reimburse the Customer for all sums paid (including initial delivery costs), at the latest within fourteen (14) days following the date of cancellation. (The Customer can cancel immediately if the deadline was an essential condition or if the Seller refuses to deliver).
  
• Delivery Error (Product not in accordance with the order): In the event of delivery of a product that does not correspond to their order, the Customer must notify the Seller via the contact methods indicated on the Website (contact page, email) on the same day of delivery or at the latest on the first working day following. The complaint must specify the order number and the nature of the error. The Seller will then indicate the return and replacement or refund procedure.
• Product Damaged during Transport: When receiving the package, it is up to the Customer to check the condition of the packaging and the contents in the presence of the delivery person. If the package is visibly damaged (hole, crushing, etc.), the Customer must refuse delivery and issue precise and detailed reservations on the carrier’s delivery note. They must also inform the Seller without delay. If the Customer accepts a visibly damaged package without issuing reservations, they may not be able to assert their rights either with the carrier or with the Seller. If damage (broken product, missing item…) is observed after opening a package whose outer packaging seemed intact, the Customer must inform the Seller as soon as possible (ideally within 3 working days) after receipt, providing all useful supporting documents (precise description, order number, clear photographs of the damage, the inner and outer packaging). The Seller will assist them in any necessary procedures and will organize the replacement or refund if the damage is proven and attributable to transport or to an initial defect.

Article 9. Unavailability of Products after Order

This article concerns the unavailability of a product noted by the Seller after the validation of the Customer’s order, and does not apply to products sold explicitly on pre-order, whose specific conditions (including possible cancellation by the Seller) are defined in Article 11 of these TCS.

In the event of unforeseen unavailability of one or more products after placing the order, the Seller will inform the Customer as soon as possible by email. The Seller will explain the possible options:

1. Cancellation and Refund: The Customer can request the cancellation of the part of their order concerning the unavailable product(s) and obtain the corresponding refund. If this partial unavailability makes the rest of the order of no interest to the Customer, they may request the total cancellation of their order.
2. Waiting for Restocking (if possible): If restocking is planned by the Seller, they may offer the Customer to wait until a new estimated availability date. The Customer’s express agreement to this new deadline will be necessary to maintain this part of the order.
3. Replacement (with Customer’s agreement): The Seller may possibly offer, with the Customer’s express agreement, to replace the unavailable product with a product of equivalent quality and price.

The Customer must communicate their choice to the Seller (cancellation, waiting, or acceptance of the replacement) by return email or via any other means indicated by the Seller, within a reasonable time (for example, 7 calendar days from the information of unavailability). Without a response from the Customer within this period, the part of the order concerning the unavailable product will be automatically canceled.

In the event of cancellation (partial or total) decided by the Customer or resulting from their absence of response, the Seller will proceed with the refund of the sums paid corresponding to the canceled product(s) (and, if applicable, delivery costs pro rata or in full if the cancellation concerns the entire order).
This refund will take place without undue delay and at the latest within fourteen (14) days following the date on which the Customer notified their choice of cancellation or following the expiration of the response period. The refund will be made exclusively using the same payment method as that used by the Customer for the initial transaction.

Article 10. Right of withdrawal

10.1 Withdrawal Period

In accordance with the provisions of Article L. 221-18 of the French Consumer Code, the Consumer Customer has a period of fourteen (14) calendar days to exercise their right of withdrawal, without having to justify their decision or bear costs other than those provided for in Articles L. 221-23 to L. 221-25. This period begins on the day after the day the Customer, or a third party other than the carrier and designated by the Customer, takes physical possession of the last product comprising their order. If the period expires on a Saturday, Sunday, or public holiday or non-working day, it is extended until the next working day.

10.2 Exercising the Right of Withdrawal

To exercise their right of withdrawal, the Customer must notify the Seller of their decision to withdraw from this contract by means of an unambiguous statement before the expiry of the 14-day period mentioned in Article 10.1.

La méthode recommandée pour notifier la rétractation consiste à utiliser le bouton “Demander une rétractation” accessible depuis le récapitulatif de la commande concernée dans l’espace client sur le Site www.hexosim.com. Ce bouton redirigera le Client vers le formulaire de contact du Site. Le Client devra alors :

• Select the contact reason corresponding to a “Withdrawal Request”.
• Enter their order number.
• Submit the form. The Seller will acknowledge receipt of this withdrawal request submitted via the form without delay by email.

Alternatively, the Customer retains the option to notify their decision by other means, including:

• En utilisant le modèle de formulaire de rétractation légal et en le renvoyant complété.

Or by any other unambiguous written statement expressing their unequivocal desire to withdraw (for example, an email sent to contact@hexosim.com specifying “Withdrawal Request” and the order number in the subject line, or by post).

10.2.1 Exclusion of the Right of Withdrawal (Digital Products)

In accordance with the provisions of Article L. 221-28 13° of the Consumer Code, the right of withdrawal may not be exercised for contracts for the supply of digital content not supplied on a tangible medium (such as downloadable plans, PDF files, software, etc.) the performance of which has begun after the consumer’s prior express agreement and express waiver of their right of withdrawal.

By validating their order for downloadable digital products, the Client accepts that the digital content is supplied immediately and expressly waives their right of withdrawal. Consequently, no refunds can be issued once the download link has been sent.

10.3 Condition of Returned Product

The product subject to withdrawal must be returned by the Customer complete and in a condition suitable for resale as new.

Specific condition for products delivered as a kit: The product must imperatively be returned unassembled, with all its parts, screws/hardware, and manuals. If the Customer has assembled the kit, even partially, or if the returned product is incomplete, damaged, soiled, or shows signs of use exceeding what is necessary to establish its nature, characteristics, and proper functioning, the Seller reserves the right, in accordanceance with Article L. 221-23 of the French Consumer Code, to apply a deduction corresponding to the diminished value of the goods when making the refund. This deduction will be assessed by the Seller upon receipt of the returned product. In the event of depreciation rendering the product unsellable, no refund may be claimed.

The product should be returned if possible in its original packaging or, failing that, in packaging that guarantees equivalent protection for the return transport.

10.4 Return Deadline and Costs

The Customer must send back or return the product(s) to the Seller, without undue delay and, at the latest, within fourteen (14) days following the communication of their decision to withdraw, to the address which will be communicated by the Seller after receiving the withdrawal notification. This deadline is deemed to be met if the Customer sends back the goods before the expiry of this 14-day period.

In accordance with Article L. 221-23 of the French Consumer Code, the direct costs of returning the product remain the exclusive responsibility of the Customer. This applies including for returns initiated from abroad, where return costs may be high (particularly for bulky packages). It is the Customer’s responsibility to inquire about these costs with carriers before shipping.

Clarification for returns from a country outside the European Union: In the event of a return from a country located outside the European Union, the Customer is informed and accepts that all costs related to the return, including any potential customs duties, import taxes, or other fees payable upon the product’s return to France, as well as the risks associated with the return transport (such as loss, theft, damage to the package), are entirely and exclusively their responsibility. It is incumbent upon the Customer to choose a suitable mode of transport (with tracking and appropriate insurance recommended) and to complete all necessary customs formalities for a return shipment (“Returned Goods”) in order to minimize the risk of blockage or additional costs.

The Customer’s liability is only engaged with regard to the depreciation of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and proper functioning of the goods.

10.5 Refund

In the event the right of withdrawal is exercised under the aforementioned conditions, the Seller will refund the Customer all payments received from them for the order concerned, including the initial delivery costs (with the exception of supplementary costs resulting from the Customer having chosen, where applicable, a type of delivery other than the least expensive type of standard delivery offered by the Seller).

This refund will be made without undue delay and at the latest within fourteen (14) days following the date of effective receipt of the returned products at the Seller’s premises and after verification of their condition in accordance with Article 10.3. The refund will be carried out exclusively using the same means of payment as used by the Customer for the initial transaction.

10.6 Exclusions

In accordance with Article L. 221-28 of the French Consumer Code, the right of withdrawal cannot be exercised, in particular, for contracts concerning:

• The supply of goods made to the consumer’s specifications or clearly personalized;

The right of withdrawal is also excluded in other cases provided for by Article L. 221-28 of the French Consumer Code, which the Customer may consult on the Légifrance website or any official source.

Article 11. Specific Conditions for Pre-orders

These specific conditions apply exclusively to products indicated as being on “Pre-order” on the Site at the time of purchase. These are products offered for sale before their availability or effective production date, involving a later scheduled delivery date as indicated on the product page.

Unless otherwise indicated, payment for a pre-order is due in full at the time the pre-order is placed, according to the payment methods offered on the Site and described in Article 5 (Bank Card or PayPal, including the 4X interest-free option via PayPal if available and eligible).
The price indicated and paid at the time of pre-order confirmation is firm and guaranteed for the Customer until the product is delivered, even if the standard public price of the product increases subsequently. Specific pricing offers for pre-orders are valid only during the indicated pre-order period.

11.1 Availability and Indicative Characteristics

The delivery dates indicated on the product pages for pre-orders are provisional and estimated dates. They are provided for information purposes only and are subject to modification by the Seller based on contingencies and constraints related to production, procurement, or logistics. The Customer accepts this possibility by placing a pre-order.
The Seller endeavours to maintain the product characteristics as described at the time of the pre-order. However, minor modifications (aimed at improving quality or performance, or resulting from production constraints, and not substantially affecting the use, functionality, or overall aesthetics) may be made to the final product delivered. In the event of a substantial modification of the essential characteristics of the product announced initially, the Customer will be informed by email and will have the right to cancel their pre-order free of charge and obtain a full refund.

11.2 Estimated Delivery Times and Delay Management

Pre-ordered products are delivered within the estimated timeframes indicated at the time of ordering on the product page. In accordance with Article 11.1, these timeframes are provisional and subject to adjustment.

The Seller undertakes to keep the Customer informed by email of any significant change to the initially estimated delivery date, providing a new estimate as soon as possible.
In the event of a delivery delay compared to the initially estimated date, or compared to any new estimated date subsequently communicated by the Seller, the delay management procedure described in Article 8.3 of these General Terms and Conditions shall apply in full. As a reminder, this procedure requires the Customer first to give formal notice to the Seller (in writing on a durable medium) to deliver within a reasonable additional timeframe, before potentially being able to terminate the contract if the Seller fails to deliver within this new timeframe. The reference point for assessing the initial delay will be the last estimated delivery date communicated in writing to the Customer.

11.3. Cancellation of the Pre-order by the Customer

Independently of the right of withdrawal applicable after delivery (see 11.7), the Customer has the option to cancel their pre-order without penalty and obtain a full refund, by simple written notification (according to the methods described in Article 10.2 for withdrawal), up to thirty (30) days before the last estimated delivery date communicated by the Seller.

After this deadline (i.e., within the 30 days preceding the last estimated delivery date), voluntary cancellation by the Customer is no longer possible, except under the conditions for contract termination provided for in Article 11.2 above in case of a proven delivery delay (application of the Article 8.3 procedure).

11.4. Cancellation of the Pre-order by the Seller

The Seller reserves the exceptional right to cancel a pre-order placed by a Customer, particularly in the following cases:

• Final unavailability of the product (e.g., unforeseen major production difficulties or discontinuation);
• Occurrence of exceptional circumstances making manufacturing or delivery impossible under reasonable technical or economic conditions;
• Failure to reach the minimum threshold of pre-orders required to launch production of the product, a threshold of which the Customer will have been previously informed (for example, on the relevant product page).

In the event of cancellation of the pre-order by the Seller, the Seller undertakes to inform the Customer as soon as possible by email and to refund them in full for all sums paid for this pre-order, at the latest within fourteen (14) days following the cancellation notification.

11.5 Customer Information

The Seller undertakes to keep the Customer informed by email of the key steps concerning their pre-order, and particularly of any significant modification to the initially communicated estimated delivery date.

11.6 Modification of Specific Conditions for Pre-orders

The Seller reserves the right to modify these specific conditions for pre-orders from time to time. The modifications will be applicable as soon as they are published online on the Site but will only apply to pre-orders placed after this modification.

11.7 Right of Withdrawal after Delivery

It is expressly reminded that once the pre-ordered product is actually delivered to the Customer, the Customer fully benefits from the statutory right of withdrawal under the conditions and procedures described in Article 10 of these General Terms and Conditions (14 calendar day period from receipt, etc.).

Article 12. Warranties

The Seller is obliged to deliver products that conform to the contract and is liable for any lack of conformity existing at the time of delivery. The Seller is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when these have been assigned to it by the contract or have been carried out under its responsibility. The Seller is also bound by the legal warranty against hidden defects under the conditions provided for in Articles 1641 et seq. of the French Civil Code.

It is reminded to the Customer that, within the framework of the legal guarantee of conformity, the consumer:

• Has a period of two (2) years from the delivery of the goods to act against their seller;
• May choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 217-12 of the French Consumer Code;
• Is exempted from providing proof of the existence of the lack of conformity of the goods during the twenty-four (24) months following the delivery of the goods (except for second-hand goods for which this period is twelve months).

The legal guarantee of conformity applies independently of any commercial warranty that may have been granted.

The Customer may decide to implement the warranty against hidden defects of the item sold within the meaning of Article 1641 of the French Civil Code; in this case, they may choose between the rescission of the sale or a reduction of the sale price in accordance with Article 1644 of the French Civil Code.

It is specified that the Seller is not the producer of all the elements composing the products presented within the meaning of Law No. 98-389 of May 19, 1998 relating to liability for defective products.

12.1. Legal Guarantee of Conformity

The Seller is required to deliver goods that conform to the contract, the description given, and the use customarily expected of similar goods. To be compliant, the goods must notably correspond to the description, possess the qualities presented, and be fit for the purposes for which goods of the same type are normally used (Articles L. 217-4 and L. 217-5).

This warranty applies to any lack of conformity existing at the time of delivery and which appears within two (2) years from delivery. For new goods sold by the Seller, any lack of conformity which appears within twenty-four (24) months following delivery is presumed to have existed at the time of delivery, unless proven otherwise by the Seller (Article L. 217-7).

In the event of a proven lack of conformity during this period, the Customer is entitled to have the goods brought into conformity, free of charge.

• The Customer primarily chooses between repair or replacement of the goods. However, the Seller may impose the less costly option if the Customer’s choice entails a manifestly disproportionate cost compared to the other option, considering the value of the goods or the significance of the defect (Article L. 217-12).
• Bringing into conformity (repair or replacement) must take place within a reasonable time which cannot exceed thirty (30) days following the Customer’s request (Article L. 217-10).

The Customer may obtain a price reduction or the termination of the contract (involving a refund against return of the goods) if repair or replacement is impossible, if the Seller refuses to bring the goods into conformity, if bringing into conformity is delayed beyond 30 days or causes major inconvenience to the Customer, or if the lack of conformity persists despite the Seller’s unsuccessful attempt to bring the goods into conformity (Article L. 217-14). However, termination of the contract cannot be declared if the lack of conformity is minor.

12.2. Legal Guarantee against Hidden Defects

The Seller is liable under the warranty for hidden defects in the item sold which render it unfit for the use for which it was intended, or which so diminish that use that the Customer would not have acquired it, or would only have given a lesser price for it, had they known of them (Article 1641). The defect must exist prior to the sale and not be apparent at the time of purchase.

In the event of a proven hidden defect, the Customer may choose between:

• Returning the item and having the price refunded (rescission of the sale);
• Keeping the item and having part of the price refunded (price reduction), as determined (Article 1644).

The action resulting from redhibitory defects must be brought by the buyer within two (2) years from the discovery of the defect (Article 1648).

12.3. Common Exclusions to Warranties

The legal warranties (conformity and hidden defects) and any commercial warranty offered by the Seller cover defects inherent to the product and its components as they existed at the time of delivery, including the adequacy and accuracy of the assembly instructions provided by the Seller, unless expressly stipulated otherwise in the terms of a specific commercial warranty. The following are formally excluded from the scope of these warranties: defects, damages, breakdowns, or malfunctions resulting from:

• Incorrect assembly, not in accordance with the provided assembly instructions and diagrams, or carried out with negligence, carelessness, or unsuitable tools by the Customer or a third party;
• Abnormal or abusive use, not in accordance with the normal and intended purpose of the product (automobile simulator), or contrary to any recommendations for use or safety;
• A lack of maintenance, lack of care, or maintenance not in accordance with the specific requirements of the product (particularly for wooden parts which require maintenance adapted to this material);
• Normal wear and tear linked to the regular use of the product, time, or the natural aging of materials (this includes natural variations in the appearance of wood mentioned in Article 2.2, which do not constitute defects);
• Modification, alteration, or personalization of the product by the Customer (addition or removal of elements, drilling, unsuitable paint, etc.) not foreseen nor authorized by the Seller;
• An accident, shock, fall, mishandling, an event of force majeure, or any other external event occurring after delivery and not attributable to an initial defect of the product. Any substantial transformation of the product or misuse by the Customer shall lead to the exclusion of any legal or contractual warranty.

12.4. Warranty Claim Procedures

For any claim under one of the warranties (legal or commercial), the Customer is invited to contact the Seller’s Customer Service via the means indicated on the Website (preferably by email to contact@hexosim.com or via the dedicated contact form). The Customer must provide their order number, the reference of the product concerned, and a precise description of the defect or problem encountered. To facilitate diagnosis and speed up processing, the Customer may be asked to provide photographs or videos illustrating the alleged defect.
After receipt and analysis of the request, if the defect appears to be covered by a warranty, the Seller will inform the Customer of the procedure to follow. Depending on the nature of the defect and the product, this may involve:

• The Seller sending one or more replacement parts;
• The return of only the defective part;
• The return of the complete product for repair or replacement. In the event of a claim under the legal warranty of conformity (defect appearing within 2 years of delivery) requiring a return, the return costs of the part or product acknowledged as non-conformant will be borne or reimbursed by the Seller, as will the shipping costs of the repaired or replaced part or product. The Seller will indicate to the Customer the accepted return methods (for example, sending a prepaid transport label). For claims under the legal warranty for hidden defects, the terms of return and coverage of costs will be determined on a case-by-case basis according to the solution adopted (cancellation of sale or price reduction). The conditions for covering shipping costs for the commercial warranty are detailed in Article 12.5.5.

Article 12.5. Commercial Warranty – Hexo-One Chassis (Pre-Order Units)

12.5.1. Scope and Eligibility: In addition to the legal warranties, the Seller offers a specific commercial warranty exclusively for units of the “Hexo-One” model wooden structure chassis (hereinafter referred to as the “Warranted Product”) that were acquired by the Customer as part of a pre-order offer explicitly designated as such by the Seller on its Website or any other official communication medium. This commercial warranty is personal to the original pre-order Customer, linked to the original pre-order, and non-transferable. It applies only to the Warranted Product meeting this pre-order criterion and excludes all other products, including Hexo-One models acquired outside such a pre-order offer, as well as components, options, or accessories sold by the Seller or acquired by the Customer from third parties, including those that may be assembled with or used with the Hexo-One chassis (such as seats, steering wheels, pedal sets, screen mounts not integrated into the main chassis structure, etc.). These items remain covered solely by the applicable legal warranties or the third-party manufacturer’s warranty, if any.

12.5.2. Duration: This commercial warranty is granted for a period of five (5) years from the date of delivery of the Warranted Product to the Customer. The original purchase invoice, stating the date of purchase and the reference of the Warranted Product, will be required for any claim.

12.5.3. Warranty Coverage: This commercial warranty covers defects in materials or workmanship affecting the main wooden structure of the Hexo-One frame (e.g., breakage or abnormal deformation of a wooden structural element) occurring under normal conditions of use and maintenance, in accordance with the instructions provided by the Seller and the maintenance recommendations for wood. In the event of a defect covered by this warranty, the Seller undertakes, at its discretion, to repair the defective part of the Warranted Product or replace it with an identical new part, or an equivalent part if the original part is no longer available.

12.5.4. Specific Exclusions from the Commercial Warranty: In addition to the general exclusions listed in Article 12.3 “Common Exclusions to Warranties” of these GTCs, the following are also expressly excluded from this commercial warranty:

• Normal wear and tear of the wood and other chassis components, including the wear of decorative stickers.
• Purely aesthetic damage such as natural variations in the color or grain of the wood, scratches, scuffs, minor chips, or indentations that do not affect the structural integrity or functionality of the chassis.
• Defects resulting from prolonged exposure of the wood to extreme humidity, dryness, or temperature conditions not in accordance with recommendations for the preservation of wooden products.
• Operating noises or creaks from the wood that may appear with normal use and are not symptomatic of a structural defect.

12.5.5. Claim Procedure and Transport Costs for the Commercial Warranty: To make a claim under the commercial warranty, the Customer must follow the procedure described in Article 12.4 “Warranty Claim Procedures”.
During the first two (2) years following delivery, the Customer is encouraged to invoke the legal warranty of conformity, the conditions of which may be more favorable (particularly the presumption of pre-existence of the defect).
For a claim under this commercial warranty made after the first two (2) years following the delivery of the Warranted Product:

• It will be the Customer’s responsibility to provide evidence establishing that the defect is not the result of a cause excluded from the warranty (in accordance with Articles 12.3 and 12.5.4).
• If it is necessary to return the Warranted Product or one of its parts for inspection or repair, the initial shipping costs to the Seller shall be borne by the Customer.
• If the defect is confirmed by the Seller as being covered by this commercial warranty, the Seller will bear the costs of repair or replacement (parts and labor) as well as the costs of reshipping the repaired product or replacement part to the Customer. If the defect is not covered, the costs of returning the product to the Customer (if they wish to retrieve it) will be at their expense.

12.5.6. Cumulation and Preservation of Legal Warranties: This commercial warranty is in addition to, and does not replace, the legal warranties of conformity (Article 12.1) and for hidden defects (Article 12.2). The Customer retains the right to invoke these legal warranties independently of the commercial warranty.

Article 13. Force Majeure

The Parties shall not be held liable if the non-performance or delay in the performance of any of their contractual obligations results from an event of force majeure, as defined in Article 1218 of the French Civil Code. Force majeure refers to an event beyond the control of the party required to perform, which could not reasonably have been foreseen at the time of the conclusion of the contract and whose effects cannot be avoided by appropriate measures, preventing the performance of its obligation by said party.

If a Party is prevented from performing its obligations due to an event of force majeure, it must inform the other Party without delay, providing justification for the situation. The performance of the obligations of the prevented Party shall then be suspended for the duration of the force majeure event, without any compensation being due. The prevented Party must also inform the other Party of the cessation of the event as soon as it ends.

Are notably considered as cases of force majeure or fortuitous events, provided they meet the legal conditions mentioned above and in addition to those usually recognized by French case law: natural disasters (earthquakes, fires, storms, floods, lightning), blockage of means of transport or supply for an external and insurmountable cause, stoppage of telecommunication networks, wars, riots, officially recognized pandemics, or acts of state (imperative governmental decisions).

If the impediment is temporary, the performance of the obligation is suspended unless the resulting delay justifies the termination of the contract. If the impediment is permanent or if it lasts for more than three (3) consecutive months from the date of the event’s occurrence, the contract concluded between the Parties may be terminated automatically by right, without judicial formalities and without compensation, by either Party, through written notification sent to the other Party (for example, registered letter with acknowledgement of receipt or email with acknowledgement of receipt/read receipt).
This termination shall take effect immediately upon the date of receipt of the notification. In this case, any sums potentially already paid by the Customer corresponding to contractual obligations that could not be performed by the Seller due to the force majeure event shall then be refunded to the Customer by the Seller within a reasonable time (for example, 14 days).

Article 14. Severability

Should one or more provisions of these General Terms and Conditions be held invalid or declared void pursuant to a law, regulation, or following a final decision of a competent French court, the other provisions shall retain their full force and scope.

Article 15. Applicable Law – Language – Dispute Resolution

15.1 Seller’s Establishment and Applicable Law

The Seller is an entity established in France. These General Terms and Conditions (GTC) and the entire contractual relationship between the Seller and the Customer are governed by and interpreted in accordance with French law. However, this choice of law does not deprive Consumer Customers residing in another country of the European Union (or outside the EU where local law mandates it) of the protection afforded to them by the mandatory provisions of the law of their country of habitual residence. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) of April 11, 1980 is expressly excluded.

15.2 Language of the Contract

These General Terms and Conditions are drafted in the French language. In the event they are translated into one or more foreign languages, only the French text shall prevail in case of dispute or divergence of interpretation.

15.3 Amicable Settlement

In the event of a dispute or claim relating to these GTC or an order, the Customer is invited to contact the Seller’s Customer Service first in order to seek an amicable solution. Customer Service contact details are available on the Site (notably email: contact@hexosim.com).

15.4 European Online Dispute Resolution Platform

In accordance with Article 14.1 of Regulation (EU) No 524/2013 on online dispute resolution for consumer disputes, the Seller informs the Consumer Customer of the existence of the European Online Dispute Resolution (ODR) platform. This platform, accessible via the link below, facilitates the independent, impartial, transparent, effective, fast, and fair out-of-court settlement of disputes between consumers and traders arising from online sales or service contracts: https://ec.europa.eu/consumers/odr/

15.5 Competent Jurisdiction

In the absence of an amicable agreement between the Parties, or in the event of mediation failure, any dispute relating to the validity, interpretation, performance, termination, consequences, and follow-up of these General Terms and Conditions shall be submitted to the competent French courts under the conditions of general law. However, pursuant to Article R. 631-3 of the French Consumer Code, the Customer acting as a consumer may bring the matter, at their choice:

• Before one of the courts having territorial competence by virtue of the Code of Civil Procedure;
• Or before the court of the place where they resided at the time the contract was concluded;
• Or before the court of the place where the harmful event occurred. For Customers acting as professionals within the scope of their business activity, exclusive jurisdiction is granted to the competent courts within the district of the Seller’s registered office, notwithstanding multiple defendants or third-party claims.

Article 16. Intellectual Property

Le Vendeur Hexosim est et demeure titulaire exclusif de l’ensemble des droits de propriété intellectuelle (tels que notamment les droits d’auteur, droits voisins, droits des marques, droits des producteurs de bases de données, droits sur les dessins et modèles) portant tant sur la structure que sur les contenus du site www.hexosim.com, ainsi que sur les produits qui y sont vendus et les éléments associés.  

All elements present on the Site and its components (including, but not limited to: the “Hexosim” trademark, logos, domain names, texts, comments, works, illustrations, images, photographs, videos, sounds, graphic charter, databases…) are protected by copyright, trademark law, patent law, sui generis database rights, and/or any other intellectual property right recognized by the legislation in force.

The specific design and architecture of the Hexosim car simulators, the assembly plans and diagrams, the user manuals, as well as any technical or commercial documentation provided by the Seller, also constitute protected intellectual works and are the exclusive intellectual property of the Seller.

Consequently, any reproduction, representation, adaptation, modification, translation, extraction, or use of any kind whatsoever, total or partial, of any of these protected elements (Site, content, trademark, logo, product design, documents…), by any process whatsoever and on any medium whatsoever, without the prior, express written authorization of the Seller, is strictly prohibited and would constitute infringement punishable under Articles L. 335-2 et seq. of the French Intellectual Property Code.

The fact that the Seller does not initiate proceedings upon becoming aware of such unauthorized uses does not constitute acceptance of said uses 1 or a waiver of the right to prosecute.

None of the provisions of these General Terms and Conditions may be interpreted as granting any assignment or license of any intellectual property rights whatsoever to the Customer or a third party. The purchase of a product does not entail any transfer or concession of intellectual property rights over said product or its components, beyond the normal right of use conferred by the purchase.

Enjoy your visit to the Hexosim website!