Terms and conditions of sale


1.1. These general terms and conditions of sale (hereinafter referred to as the "GTC") apply to any sale of product(s) of the brand OTEXIO (hereinafter referred to as the "Product(s)") made by the company OTEXIO (hereinafter referred to as "OTEXIO") to any customer acting within the scope of their professional activity (hereinafter referred to as the "Customer(s)") on the website www.otexio.com (hereinafter referred to as "the Website").

1.2. These GTC prevail over any conflicting clauses contained in the Customer's general terms and conditions of purchase or on the purchase order. The Customer's general terms and conditions of purchase shall not prevail over these GTC, as the latter constitute the basis of the commercial relationship between OTEXIO and its Customers, in accordance with the provisions of Article L.441-6 of the French Commercial Code.

1.3. These GTC, as well as the related pricing conditions, are systematically notified to the Customer at the time of placing an order on the Website. Consequently, placing an order implies the Customer's full and unconditional acceptance of these GTC by checking a box.

1.4. The fact that OTEXIO does not invoke any provision of these GTC at a given time cannot be interpreted as a waiver to invoke them later.


2.1. Any order for Products must be placed through the Website and in accordance with the instructions provided on the Website.

2.2. The Customer directly selects the Product(s) they wish to order on the Website and indicates the quantity before adding it to their cart. The Customer then has the option to continue shopping or proceed to checkout. In the latter case, the Customer will be redirected to their cart to finalize their order. They can then view the selected Products, remove them from their cart, or modify the desired quantity.

2.3. The Customer is then required to provide some personal information in order to finalize their order. This information is strictly necessary for the completion and execution of the Customer's order.

2.4 Before proceeding with the payment and finalization of their order, the Customer must read and accept these GTC in their entirety and without reservation by checking the box provided for this purpose. The acknowledgement of these GTC constitutes the firm and definitive commitment of the Customer.

2.6 The sale is only complete after express and written acceptance of the order by OTEXIO, which will ensure in particular the availability of the Products ordered by the Customer. This acceptance by OTEXIO is formalized by sending an email confirmation of the Customer's order.

2.7 OTEXIO reserves the right to refuse any order that is abnormal or made by a Customer who is not acting within the scope of their professional activity.


3.1. The prices are those shown on the OTEXIO Website.

3.2. Unless otherwise stated, the prices are net excluding taxes. Shipping costs are calculated based on the place of shipment of the Products and appear before the order is finalized.

3.3. The price is paid by the Customer directly on the Website on the day of the order; this is a prerequisite for finalizing the order.

3.4 Invoices are sent by OTEXIO by email after the shipment of the Products.


4.1. Delivery is made by handing over the Products to the Customer by OTEXIO or by a carrier, at the location indicated by the Customer in their order. OTEXIO is not responsible for unloading the Products, unless otherwise stated on the Website. This date arefers to the date of departure from the OTEXIO warehouse.

4.2. The delivery date is only indicative and therefore not binding on OTEXIO. OTEXIO will inform the Customer in due time of the delivery date of the Products.

4.3. Any delivery error due to incomplete or incorrect information provided by the Customer will be the responsibility of the Customer, who will be required to bear any carrier fees.


5.1. The transfer of risks to the Customer for the Products takes place at the time of delivery of the Products. The Customer is therefore solely responsible for any risks occurring during the unloading of the Products.

5.2. The transfer of ownership of the Products to the Client is subject to the Customer's full payment of the sale price and any interest, fees, and further costs. Payment will only be considered as made upon the actual receipt of the amount equal to the price by OTEXIO.

5.3. In the event of non-payment, the Customer shall, at their own expense, risk, and peril, return the unpaid Products after OTEXIO has been notified by registered letter with acknowledgment of receipt.


6.1. The Customer must verify the compliance, absence of apparent defects, and quantity of the Products upon receipt of the delivery.

6.2. Any apparent defect or non-compliance must be mentioned on the delivery note or notified to the carrier and OTEXIO by registered letter with acknowledgment of receipt within three (3) working days following the delivery date. Unless notice of defects is given, any delivered Product will be deemed free from apparent defects and compliant with the placed order.

6.3. Unless otherwise specified, OTEXIO Products are not covered by any warranty.

6.4. Any non-compliance must be confirmed by OTEXIO in order to be addressed. A non-compliance file will be opened, and in the event of agreement on the defect, the goods are returned to OTEXIO and will be replaced or refunded according to the Customer's choice.

7. SafeCover® PRODUCTS

7.1. SafeCover® is a registered trademark. The SafeCover® covering system is composed of several patented elements.

7.2. SafeCover® Products may only be used inunder very strict conditions. OTEXIO offers training services for drivers, either for one hour or half a day. The pricing and organization details of these trainings are specified on the OTEXIO Website.

7.3. Unlike other Products, SafeCover® hooks and hoists are covered by a one-year commercial warranty from the delivery date.

7.4. The Customer will inform OTEXIO as soon as possible and in writing of any defects.

7.5. The warranty consists of the replacement or repair of the Product whose defectiveness is established and recognized by OTEXIO.

7.6. OTEXIO will in no way be obliged to repair any potential damages that may result from this defectiveness, including the unavailability of the equipment during the replacement or repair period.


8.1. OTEXIO is only obliged to repair direct material damages caused to the Customer and resulting from faults attributable to OTEXIO during the execution of the contract.

8.2. OTEXIO cannot be held responsible for any potential damages caused by the Products resulting from the Customer's misuse of the Products.

8.3. When the Products are intended to be attached to structures already on site, OTEXIO cannot be held responsible for the consequences related to the resistance of the structures. The Customer must first ensure that the structures can be used by OTEXIO to attach the Products.

8.4. Under no circumstances shall the liability of OTEXIO exceed the amount of the relevant order.


9.1 "Force majeure" is defined as any event beyond the control of either party and which could not reasonably have been foreseen at the time of the conclusion of these General Terms and Conditions. Such an event shall be deemed to exist when the party, falling victim to such an event, is prevented from properly performing its contractual obligations, despite the implementation of adequate and appropriate measures to limit its effects.

9.2 Neither party shall be held liable towards the other for non-performance or delays in the performance of an obligation arising from these General Terms and Conditions that are due to the other party as a result of a force majeure event, as recognized and defined by French case law.

9.3 Any force majeure event suspends the obligations arising from these General Terms and Conditions for the duration of its existence, and neither party may validly invoke the existence of such a force majeure event within the meaning of Article 1218 of the Civil Code to justify the termination of its contractual relationship with the other party. However, if the force majeure event lasts for more than thirty (30) consecutive days, it shall entitle either party to terminate these General Terms and Conditions automatically, eight (8) days after sending a registered letter with acknowledgment of receipt notifying this decision.


10.1. OTEXIO may terminate orders automatically and immediately if the Customer fails to perform any of their obligations, including the obligation to pay the price or take delivery of the Products.

10.2. The Customer has no right of withdrawal or termination of their order after it has been confirmed by OTEXIO.


11.1 The databases, texts, information, images, photographs, or any other element of the Website are protected under Articles L.111- of the Intellectual Property Code. These elements remain the exclusive property of OTEXIO or, where applicable, their respective owners from whom OTEXIO has obtained exploitation authorizations.


11.2 Any reproduction and/or representation, download, translation, adaptation, exploitation, distribution, modification or adaptation, broadcasting and/or communication, in any form and by any means, for commercial or non-commercial purposes, of all or part of the Website or an original intellectual work contained in the communication materials sent to the Customer is strictly prohibited. The Customer also undertakes not to engage in any act or action that may directly or indirectly infringe upon OTEXIO's intellectual property rights.


12.1 The Customer, if they are an individual placing an order, is informed that placing an order on the Website results in the collection and automated processing of personal data concerning him/her by OTEXIO, the use of which is subject to the provisions of Law No. 78-17 of January 6, 1978 relating to Information Technology, Files and Freedoms, as amended by Law No. 2016-1321 of October 7, 2016, and European Regulation 2016/679 of April 27, 2016, relating to the protection of individuals with regard to the processing of personal data and the free movement of such data.

12.2 For more information on the use of personal data and the Customer's rights regarding his/her data, OTEXIO provides the Customer with a Privacy Policy on its Website.


13.1 These General Terms and Conditions are subject to French law.

13.2 Any dispute arising between OTEXIO and its Customers in connection with the order and installation of the Products shall be submitted exclusively to the Commercial Court of Lyon.