Terms and Conditions of Use

I. DEFINITIONS

These terms and conditions of use give the following terms the following definitions:

Terms of Use refers to these Terms and conditions of use which govern the relationship between Users and the platform remma.fr.

Terms of Sale refers to the General Terms and Conditions of Sale applicable to Users which govern the relationship between purchasing Users (Buyers), selling Users (Sellers), and Remma.

Product Sheet refers to the description sheet of a model of medical equipment accompanied by identification elements such as: brand, model, a non-contractual illustration. Remma alone publishes the Product Sheets.

Offer refers to the availability in stock of a specific model of medical equipment attached to a Product Sheet, accompanied by identification elements such as the year, the price excluding tax and the condition of the equipment according to the Product Condition Guidelines and, if applicable, other descriptive elements such as a photo, additional description, offered products, included accessories, under the sole editorial responsibility of the selling user who offers it for sale.

Platform refers to the website accessible at the address: https://www.remma.fr.

Products or Equipment refer to medical equipment or other health equipment offered for sale on the website remma.fr. Unless otherwise stated, the products sold on the Platform are second-hand products.

Services refer to additional services offered by Remma on the Platform (e.g., transport, warranty, financing - non-exhaustive list).

Seller(s) refers to any individual health professional or representative of a legal entity selling Equipment registered on the Platform and holder of a User Account.

Buyer(s) refers to any individual health professional or representative of a legal entity holder of a User Account who proceeds to reserve or purchase one or more Equipment and Services.

User refers to any natural person who visits the website remma.fr and browses it.

Catalog refers to all equipment sold on the remma.fr platform.

User Account refers to the space accessible via the "Sign in" feature which includes the legal identification information of the User, the offers posted online (section "My offers"), the history of the Products already purchased on the website (section "My orders"), the history of the Products already sold on the website (section "My sales"), invoices, sales documents, shopping cart, saved Products (section "My Saved Products"), and other information.

Categories refer to the medical discipline to which the Product Sheets proposed for sale belong. The selection of Categories allows filtering the search for Product Sheets.

Brand refers to the manufacturer of the Product.

Any notion of duration displayed in days or hours is understood in working days or hours.

II. CREATION OF THE USER ACCOUNT

All browsing on the remma.fr site can be done without creating a user account, only the functions of purchase and publication of an offer of equipment for sale require the creation of a user account.

The user fills in their name and surname, the name of the establishment/office they represent, their telephone and email contact details, a password and its confirmation. The user can create only one account per email address.

If the user is eligible for "Key Account" status, they benefits from additional advantages:

• free equipment reservation option,
• express delivery at the price of standard delivery.

The Terms of Use must be accepted, without reservation, by the user who creates their account. Since the Terms of Use are subject to change, they are directly accessible on the remma.fr website.

The user provides accurate and complete information to ensure the smooth running of any operation carried out on remma.fr.

The login credentials (email address and password) are strictly personal and the user undertakes to maintain their confidentiality.

The user can notify Remma of any suspicion of fraudulent use of their user account by writing to contact@remma.fr.

Each element of the remma.fr website such as the Product Sheets, the Offers, the texts, the color codes, the databases and all the technology of the Platform are protected by intellectual property rights. The following are prohibited:

• any reproduction, diversion, representation, modification or adaptation of the remma.fr website and/or all or part of its distinctive elements;
• any use of software, devices, scripts, robots or any other means or process (including indexing robots, browser extension modules, or any other technology) aimed at performing "web scraping" (i.e., automated data extraction for the purpose of reusing this data) of remma.fr.

Any user may request Remma to delete their user account by writing to contact@remma.fr or to 7 rue de Capri 75012 Paris.

Exclusion of a user by Remma: Remma has the discretionary power to exclude a troll or any user after one or more remediation requests in the following cases:

• the availability of equipment offered for sale on remma.fr would be lacking repeatedly,
• the conformity of the equipment offered for sale with 1/ the Product Condition Guidelines or 2/ the expected normal use of the equipment, would be lacking repeatedly,
• the Seller fails to exercise due diligence in making the product available or in handling a claim,
• the Buyer presents a payment default.

Any order that is in progress at the time of the exclusion of the user would be completed.

III. REMMA’S SERVICES

The Services section offers users information on:

• The catalog of medical equipment offers available on the remma.fr platform,
• The advantages of buying medical equipment on the platform,
• The transport of medical equipment, a service provided by Remma in addition to each medical equipment order, the price of which varies according to the origin and destination of the transported equipment, its size, its weight, and transport specifications,
• The warranty of medical equipment, an additional service offered by Remma whose pricing and implementation terms are set out in the Warranty Contract that the customer will have subscribed to,
• Equipment financing, an additional service offered by Remma whose application terms are provided for in the Financing Contract that the customer will have subscribed to.

IV. CATALOG

The catalog is the exhaustive inventory of product sheets and offers available on the remma.fr platform.

The search function is symbolized by a magnifying glass and allows the user to type the type of material, the brand, the model, or the concerned health discipline which has the effect of filtering the displayed products offered for sale.

On the search results page, the user can filter the displayed results by equipment Category (a specific medical discipline) or by Brand (manufacturer) and sort by price and by recency of addition.

The user can remove selected filters at any time and return to all results corresponding to their initial search.

Remma does not apply any criteria for referencing offers. Remma does not promote any Product Sheet over another.

V. SHOPPING CART

On the search results page or on a product page, the User can select from the available offers the one that corresponds to their need. If an offer is not available, the user can request to be alerted by email, as soon as the product is back in stock (Alert feature).

When the user clicks on Add to Cart or on the cart icon:

• the user sees the summary of their order,
• the user must add additional information that they have not yet provided such as: delivery address, intra-community VAT number if applicable, billing address,
• the user selects their payment method.

If the user wants additional services from Remma such as express delivery, warranty, or financing, they notify Remma's teams when confirming the order.

Any purchase operation on Remma.fr is governed by the Terms of Sale.

VI. PAYMENT ON REMMA

Payment on Remma can be made by credit card or by bank transfer to Remma's bank details as indicated on the Estimate, on the Reservation Confirmation, or on the Purchase Order.

Full payment (except in case of financing) for the equipment must be received before the product is shipped. Remma communicates to the Buyer a receipted equipment invoice and a receipted service invoice.

The payment service providers with whom Remma works collect and receive payments on behalf of and for the account of the Sellers. The sums thus collected are reimbursed to them according to the terms provided for in the Terms of Sale. The security of the transaction is ensured by European banking security protocols and European payment service providers.

VII. SELL YOUR EQUIPMENT

From their User Account, the User can publish an offer to sell equipment corresponding to a product sheet while respecting the Product Condition Guidelines. Any sale offer posted online implies acceptance of the Terms of Sale by the Seller.

The Seller is responsible for the content of the offer they publish and for the conformity of the equipment with their regulatory and ordinal obligations. Remma does not intervene in the editing of the Seller’s offer.

The Seller indicates the deadline within which they undertake to make available any equipment sold on remma.fr:

• within 48 working hours following the firm order: express delivery,
• within 6 weeks following the firm order: standard delivery.

Remma is not responsible for the execution of the equipment sale, particularly with regard to the conformity of the equipment, the description and conformity of the sales offer, the availability of the equipment, the ownership of the intellectual and industrial property rights relating to the equipment.

The Seller is also responsible for updating the availability of equipment offers they publish.

VIII. REMMA’S ROLE

Remma acts as a trusted third party of a marketplace by ensuring the traceability of equipment offers, secure payment, equipment transport, and by offering additional services such as financing and warranty.

Remma always acts as an intermediary between Buyers and Sellers, and is not a party to the sales contract concluded between them. Remma is neither a seller, nor a reseller, nor a distributor of medical equipment, and does not have ownership or possession of them. Remma publishes guidelines to which Users are required to comply.

Remma is a host and cannot be held directly liable for the content of offers published under the sole editorial responsibility of Sellers. Remma reserves the right to remove any illicit content from the Platform.

Remma may make all or part of the remma.fr platform unavailable for maintenance operations without prejudice to users.

IX. APPLICABLE LAW AND DISPUTE RESOLUTION

These Terms of Use are governed by French law.

Remma always acts as an intermediary between buyers and sellers and is not a party to the sales contract concluded between them. Remma is neither a seller, reseller, nor distributor of medical equipment, and does not own or possess it. Remma issues guidelines that users are required to comply with.

In the event of a dispute relating to the formation, conclusion, performance, interpretation or validity of the Terms of Use or the relationship with Remma, the User may write to mediation@remma.fr in order to reach an amicable resolution of their dispute.

In the absence of an amicable resolution, any dispute that may arise between a User and Remma in connection with the Terms of Use and other contractual documents binding the Parties, and, more broadly, in connection with the use of the Platform, shall be exclusively submitted to the courts within the jurisdiction of the Court of Appeal of Paris. This applies even in cases involving multiple defendants, third-party proceedings, summary proceedings, or ex parte proceedings.

In case of discrepancy between the original version and its translation, the original French version shall prevail.