GENERAL TERMS AND CONDITIONS OF SALE
ROKMOB® – EMS SASU
Seller identification
EMS SASU, under the registered trademark ROKMOB®
SASU with share capital of €10,000
Registered office: 15 rue des Chartreux – 62500 Saint-Martin-lez-Tatinghem – France
SIREN: 924 777 774
SIRET: 924 777 774 00010
RCS: Boulogne-sur-Mer
APE code: 47.59A
Intra-Community VAT: FR56 924777774
Phone: 03 10 45 38 40
1 – Scope
These General Terms and Conditions of Sale (GTCS) apply to all sales of products and services carried out by EMS SASU, under the ROKMOB® brand, to professional customers.
ROKMOB® products are intended for furnishing and fitting out shared spaces, particularly in the sectors of mental health, psychiatry, medico-social care, and disability, with no medical purpose.
Any order implies the customer’s full and unconditional acceptance of these GTCS, to the exclusion of any other document.
2 – Intellectual property and confidentiality
The registered trademark ROKMOB® remains the exclusive property of EMS SASU. Any reproduction, use, or distribution, in whole or in part, without prior written authorization is prohibited.
Studies, plans, drawings, and technical or commercial documents provided by EMS SASU remain its exclusive property and are strictly confidential. They may not be disclosed to third parties or used without prior written agreement.
3 – Use in sensitive environments (mental health, psychiatry, disability)
ROKMOB® products are designed for intensive use in sensitive shared environments.
However, EMS SASU cannot be held liable for:
- non-compliant or improper use of the furniture,
- unpredictable, violent, or self-harming behavior by users,
- lack of supervision, oversight, or internal organization by the customer,
- an installation or configuration decided by the customer.
The selection of products, their installation, and their suitability for internal protocols are the sole responsibility of the customer.
4 – Prices and payment terms
Prices are stated in euros excluding VAT. Applicable VAT and delivery charges are added at the time of the quotation or order.
Any credit notes are automatically applied to a subsequent invoice.
No service will be initiated without:
- receipt of a dated and signed purchase order,
- payment of a deposit of 30% of the total amount incl. VAT.
Unless otherwise agreed in writing, invoices are payable in full upon receipt, with no discount for early payment.
In the event of late payment, the following shall be due automatically and without prior formal notice:
- late-payment penalties calculated on the basis of the European Central Bank refinancing rate plus 10 points,
- a fixed compensation of €40 for collection costs.
5 – Statutory warranty for hidden defects and conformity
The statutory warranty takes effect on the delivery date.
The warranty excludes:
- defects resulting from non-compliant use,
- damage due to force majeure (natural disasters, fire, flooding, conflicts, acts of vandalism, etc.),
- any modification or repair carried out without prior agreement.
Any repair or replacement under the warranty does not extend its duration.
Any defect or hidden defect must be notified in writing to EMS SASU within a maximum of 15 days of its discovery. Failing this, the customer will be deemed time-barred.
6 – ROKMOB® commercial warranty
Products in the ROKMOB® range benefit from a lifetime warranty against breakage resulting from a manufacturing defect.
The warranty excludes:
- failure to comply with instructions for receipt, assembly, use, maintenance, or storage
- cosmetic damage
- use of non-recommended cleaning products
- scratches, impacts with tools or vehicles, fires
- natural aging of materials
The warranty applies only upon presentation of the original purchase invoice.
7 – Products
The dimensions, colors, textures, structures, and weights of materials may vary due to manufacturing processes and within tolerances accepted in professional practice.
Photographs, illustrations, and samples are provided for information only and have no contractual value.
EMS SASU declines all liability in the event of improper use of the furniture resulting in bodily injury or material damage.
8 – Delivery and lead times
Risk transfers as soon as the goods are handed over to the carrier, ex works from the EMS SASU workshop.
Any claim relating to an apparent defect or non-conformity must be made by registered letter with acknowledgment of receipt within 5 business days following delivery. In the absence of specific and substantiated reservations, no recourse will be possible.
Delivery times are provided for information purposes only. Exceeding them shall not incur the liability of EMS SASU.
EMS SASU cannot be held liable for a delay attributable to a third-party service provider appointed directly by the customer.
9 – Installation conditions
Any intervention is scheduled in advance by EMS SASU.
The customer guarantees compliant working conditions: clear access, free area, safety requirements observed.
Any modification compared to the initial plans is the sole responsibility of the customer.
10 – Retention of title
The goods remain the property of EMS SASU until full payment of all sums due.
However, risk transfers upon delivery.
11 – Liability
EMS SASU’s liability is strictly limited to replacement or repair of the product recognized as defective.
EMS SASU cannot be held liable for indirect, intangible, or consequential damage, nor for damage resulting from:
- non-compliant use,
- lack of maintenance,
- modification of the furniture,
- a layout choice decided by the customer.
12 – Regulatory classification of products
Products marketed under the ROKMOB® brand are furniture items intended for fitting out shared spaces, including in mental health and psychiatry facilities and medico-social structures.
They are not intended to prevent, diagnose, monitor, treat, or alleviate a disease or disability.
13 – Applicable law and competent jurisdiction
These GTCS are governed by French law.
Any dispute relating to their interpretation or performance falls under the exclusive jurisdiction of the Commercial Court of Boulogne-sur-Mer.
