General Terms and Conditions of Sale

This translation is provided for information only. In case of discrepancy, the French version prevails.

Version 1.0 — effective as of June 12, 2026. Sales strictly reserved for business customers (B2B).

Article 1 — Purpose and scope

These General Terms and Conditions of Sale (the “Terms”) govern sales of professional IT hardware (servers, storage, networking equipment and spare parts, both new and certified refurbished) concluded by SOFTWARE ATTITUDE, operator of the Hardware-Attitude website (hereinafter “the Seller”), with its business customers (hereinafter “the Customer”). Placing an order implies unreserved acceptance of these Terms, which prevail over any other document of the Customer, unless otherwise agreed in writing by the Seller.

Article 2 — Seller identification

• Company name: SOFTWARE ATTITUDE
• Legal form: Simplified joint-stock company (SAS)
• Share capital: €12,000
• Registered office: ZAC de la Halotte, 4 rue de la Halotte, 77470 Trilport, France
• Trade and Companies Register (RCS): Meaux 493 591 275
• SIRET: 493 591 275 00026 — APE code: 62.09Z
• EU VAT number: FR 64 493 591 275
• Company founded in: 2007
• Phone: 01 60 01 12 53 — Email: contact@hardware-attitude.com
• Publication director: the company's legal representative (name to be completed)
• Website host: to be completed (name, address, phone number)

Article 3 — Products (new and certified refurbished)

The Seller offers new hardware and certified refurbished hardware, tested and restored to full working order before sale. The condition of each product (new or refurbished) is stated on its product page. Key specifications are shown on the website; photographs are not contractually binding. Offers are valid while stocks last.

Article 4 — Prices

Prices are quoted in euros, excluding VAT, excluding shipping costs and any applicable duties or taxes. The Seller reserves the right to change its prices at any time; products are invoiced at the price in force when the order is confirmed.

Article 5 — Orders

Orders are placed online on the website. The contract is formed when the Customer confirms the order after checking its details and total price, and upon confirmation by the Seller. The Seller reserves the right to refuse or suspend any order in the event of a prior dispute, unavailability or any other legitimate reason.

Article 6 — Payment terms

Accepted payment methods: to be completed. Payment terms: to be completed. In accordance with Article L441-10 of the French Commercial Code, any late payment between businesses automatically incurs late-payment penalties at the interest rate applied by the European Central Bank to its most recent refinancing operation, plus 10 percentage points, as well as a fixed debt-recovery fee of €40.

Article 7 — Retention of title

Goods remain the property of the Seller until full payment of the price (principal and ancillary costs). However, risk passes to the Customer upon delivery (see Article 9).

Article 8 — Delivery

The Seller delivers to mainland France, as well as to Belgium, Switzerland, Spain and the French overseas territories; other destinations are available on request. The average delivery time is 48 hours, subject to product availability and destination; additional time may apply outside mainland France. Delivery times are indicative; a delay may not give rise to cancellation or compensation, unless mandatory legal provisions require otherwise. Shipping costs are calculated based on destination and weight, and displayed before the order is confirmed.

Article 9 — Transfer of risk

The risk of loss of or damage to the products passes to the Customer upon handover of the goods, notwithstanding the retention of title provided for in Article 7.

Article 10 — Receipt, inspection and reservations

The Customer must check the condition and conformity of the products on delivery, in the presence of the carrier. Any reservation concerning visible damage or non-conformity must be recorded precisely on the delivery note and notified to the Seller in writing as soon as possible. Failing this, the products are deemed compliant and accepted. A note such as “subject to unpacking” has no legal value.

Article 11 — Warranties

In addition to the commercial warranty, the Customer benefits from the statutory warranties of conformity and against latent defects (Article 1641 of the French Civil Code), under the conditions provided by law.

The Seller also grants a commercial warranty of at least one (1) year on all hardware, whether new or certified refurbished. On certain servers, the warranty may be up to 3 years, may be extended up to 5 years, or may be renewed for 1 to 3 years. The applicable period is stated on the product page.

The warranty covers hardware failures and malfunctions under normal conditions of use. It excludes normal wear and tear, consumables, and damage resulting from misuse, unauthorised modification, power surges, accidents or disasters, or non-compliant installation. Full details are given on the Warranty and Returns page.

Article 12 — After-sales service and returns

Any return requires a prior request to the after-sales service, which issues a return number (RMA) along with shipping instructions. The product must be returned complete and in its original packaging. After inspecting the returned product, the Seller will repair, replace or refund it, as appropriate. Any return without an RMA number may be refused. The full procedure is set out on the Warranty and Returns page.

Article 13 — Right of withdrawal

As sales are concluded exclusively between businesses, the right of withdrawal provided for by the French Consumer Code does not apply. All returns are subject to the procedure set out in Article 12 and to the applicable warranties.

Article 14 — Liability

The Seller's liability is limited to direct and foreseeable damage, to the extent permitted by law. The Seller shall not be liable for any indirect damage, including loss of business, loss of data or loss of revenue. The Customer is responsible for backing up its data before any return or service intervention.

Article 15 — Force majeure

Neither party shall be held liable for any failure to perform its obligations resulting from an event of force majeure within the meaning of Article 1218 of the French Civil Code and case law.

Article 16 — Personal data (GDPR)

Personal data collected is processed in accordance with the General Data Protection Regulation (GDPR) for the purposes of order management, invoicing and customer relations. The Customer has the right to access, rectify and erase its data. This processing is described in our privacy policy.

Article 17 — Intellectual property

All elements of the website (structure, text, visuals, logos, trademarks) are protected by intellectual property law and remain the property of the Seller or its partners. Any reproduction without written permission is prohibited. Dell trademarks and product names belong to their respective owners.

Article 18 — Governing law and disputes

These Terms are governed by French law. Failing an amicable settlement, any dispute relating to their formation, performance or interpretation shall be brought before the Meaux Commercial Court, to which the parties grant exclusive jurisdiction.

Article 19 — Entry into force

These Terms apply from June 12, 2026 (version 1.0). The Seller reserves the right to amend them at any time; the applicable version is the one in force on the date of the order.