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The present general conditions of sale (GCS) are systematically addressed or given to each purchaser to enable him to place an sorder.
Consequently, the fact of placing order implies whole adhesion and without restriction of the purchaser with these GCS, excluding all documents such as leaflets, catalogues emitted by the seller and which have only information value.
No particular condition can, except with formal and written acceptance of the seller, prevail against the GCS. Any contrary condition opposed by the purchaser will therefore be, except express acceptance, not opposable to the seller, whatever the moment it could have been brought to his attention.
The fact that the seller does not at one point take advantage of any of these GCS does not mean that he waives the right to use later on any of the aforesaid conditions.
The orders are final only when they were confirmed in writing or by e-mail.
In case of shortage, the supplier will answer the orders according to their order of arrival and to the best of his availabilities.
The benefit of the order is attached to one purchaser and cannot be transferred without the agreement of the salesman.
Any modification or cancellation of an order required by the purchaser cannot be taken into account unless it arrived in writing or by e-mail before the shipment of the products.
If the seller does not accept the modification or the cancellation, the down payment could only be credited in value of goods.
The seller reserves the right to make at any time any modification which he considers useful to his products and without obligation to modify the products previously delivered or in the process of delivery. He reserves the right to modify without warning the products featured in his leaflets or catalogues.
The delivery is carried out either by the direct handing-over of the product to the purchaser, or by simple availability advise, or by delivery to a shipper or a carrier in the buildings or warehouses of the seller.
The deliveries are processed according to the availabilities and in the order of arrival of the orders. The seller is authorized to carry out deliveries either globally or partly.
The delivery times are indicated as exactly as possible but are function of the supply and transport availabilities of the seller.
A longer delivery time does not allow the purchaser to ask for damages, deduction or cancellation of the pending orders.
However, if 3 months after the indicative date of delivery, the product was still not delivered, for other causes that a case of absolute necessity, it becomes then possible to cancell the sale, at the request of one or the other part; the purchaser will then be able to obtain restitution of his down payment, but is not in a position to ask for compensation or damages.
Are regarded as cases of absolute necessity discharging the seller from his obligation to deliver: war, riot, fire, strikes, accidents, impossibility for himself of being supplied.
The seller will keep the purchaser informed, in due time, of the cases and events enumerated above.
In any assumption, delivery within the deadlines can only happen if the purchaser is up to date of his obligations towards the seller, whatever the reason.
The products are delivered duty paid (DDP) by the purchaser or cash on delivery (COD); in all cases, they travel at the purchaser's risks. It belongs to the purchaser, in the event of damage or of shortfall, to make all necessary observations and to confirm this by extra-judicial act or registered letter to the carrier, within three days following the delivery of the goods.
Apart from the arrangements to be taken towards the carrier, any complaint on obvious defects or on the nonconformity of the product delivered to the product ordered or invoiced, must be formulated in writing or by e-mail within eight days of the product delivery.
It will be up to the purchaser to provide any justification as for the reality of the defects or malfunctions noted. He will have to leave easy access to the seller in order to let him see for himself these defects and find a remedy for them. He will abstain from intervening himself or utilizing a third party for this purpose.
- The customer benefits from a period of 14 days from the receipt of the order to exercise his right of withdrawal without having to explain its decision, nor to bear any other costs, except for the cost of returning the goods.
- When the 14-day period expires on a Saturday, Sunday, public holiday or non-working day, it is extended until the next working day.
- In the case of an order for multiple goods delivered separately or whose delivery is staggered over a defined period, the period runs from the date of receipt of the last goods.
- In order to exercise the right to withdraw, the customer must inform Euro4x4parts of their decision to withdraw by sending a withdrawal form before the end of the above delay (by post to EURO4x4PARTS - 4600 route de Bayonne - 40390 STE MARIE DE GOSSE - FRANCE or via email to firstname.lastname@example.org)
- The customer returns the goods to Euro4x4parts in their original packaging, at the latest within fourteen days of the notification of their decision to withdraw.
- The customer bears the direct cost of returning the goods.
- The customer accepts liability for depreciation of the goods caused by handling other than that necessary to determine the nature, characteristics and serviceability of these goods.
- When the right of withdrawal is exercised, Euro4x4parts is required to establish a credit note and refund the customer the full amount paid, including economy rate shipping, without undue delay and no later than fourteen days from the date on which the customers decision to withdraw was received
- Euro4x4parts may defer any refund of payments made until the goods are recovered, or until the customer has provided proof of shipment of the Goods, the authentic date being that of the first of these acts.
- Beyond this delay, the amount to be refunded is automatically increased by the current legal rate of interest if the refund is made within tens days after the expiry period described in the first two paragraphs, by 5 % if the delay is between ten and twenty days, by10 % if the delay is between twenty and thirty days, by 20 % if the delay is between thirty and sixty days, by 50 % if the delay is between sixty and ninety days and then by 5% for each further month until the price of the product is reached and the by the current legal rate of interest.
- Euro4x4parts will make any refund using the same means of payments as that used by the Customer for the initial transaction, unless the Customer agrees explicitly to a different method of payment, provided the refund does not cause any additional expense for the Customer.
If the consumer has expressly opted for a type of delivery that is more expensive than standard delivery, Euro4x4parts will not be required to reimburse the resulting additional costs.
All products returned beyond the period of withdrawal are subject to a formal agreement between the customer and Euro4x4parts. Any product returned without this agreement shall be kept available for the customer but a credit note will not be issued. The costs and risks of return are always the responsibility of the customer. No returns will be accepted after a period of one month from the date of delivery.
Returned goods must be accompanied by the return slip provided by Euro4x4parts and must be in the same condition as when delivered by Euro4x4parts. In the event of damage, even partial damage to the packaging, a 25% fee will be automatically deducted from the purchase price.
The products are guaranteed against any raw material or manufacturing defect for 2 years, as of the delivery date. Any action made under guarantee will have no effect on the period of cover.
The invoice will be rigorously required when the guarantee is called upon.
Under this guarantee, the only obligation falling to the seller will be the free replacement or repair of the product or the part found defective by its services. To call upon the guarantee, the product must previously be subjected to the after-sales service of the seller, whose agreement is essential for any replacement. The possible carriage expenses are the responsibility of the purchaser.
The guarantee does not work for obvious defects.
Are also excluded the defects and deteriorations caused by natural wear or an external accident (erroneous assembly, defective maintenance, abnormal use), or by a modification of the product not envisaged nor specified by the seller.
Any disagreement on the application of the guarantee will be subjected to the expenses of the purchaser to the arbitration of an expert approved by the insurance companies.
The products are invoiced at the current selling price at the time the order is placed.
These prices are net, ex warehouse, before VAT on the basis of price list communicated to the purchaser.
Any tax, right or other service to be paid according to the French administration, or this of an importing country or a country of transit, are the responsibility of the purchaser.
Except written agreement of the supplier, the carriage costs are always the responsibility of the purchaser.
An invoice is established for each delivery and issued at the same time, unless a delivery note was issued, in which case a summary invoice, referring to all the delivery notes emitted, will be established every eight days.
Except contrary convention, the payments will be carried out in the following conditions:
- Professional clients based outside of Metropolitan France: full payment required for all orders before dispatch ;
- Professional clients based in Metropolitan France: full payment required for all orders before dispatch. Differed terms of payment available, subject to approval by Euro4x4parts and subject to a minimum amount of parts purchased in full during a probationary period (see professional account application form for full details): payment the 15th of the following month by LCR (lettre de change relevé) ;
- General public : cash payment with the order (credit card, cash on delivery or on-line through the Paybox and the Paypal systems).
In the event of delay of payment, the seller will be able to put all the pending orders on standby, besides any other way of action.
Any amount not paid at the deadline being specified on the invoice involves the application of penalties of an amount equal to one and half times the legal rate of interest. These penalties will be exigible on request from the seller.
In the event of payment by LCR, the refusal of payment of the purchaser's bank will be regarded as a non-payment.
The amounts due for other deliveries, or other causes, will become immediately exigible if the seller does not choose to cancell the according orders.
The purchaser will have to refund all expenses due to the contentious collection of the due amounts, including legal fees.
Any payment failure of the purchaser will be able to justify the requirement of guarantees or advance cash payment. This will be particulary required if a there is a change in the debtor's capacity, in his occupation (or, in case of a company, change of management or type of company), or if the sale, renting or giving security of the business has an negative effect on the purchaser's payment ability.
Transfer of the risks on the products, even in the event of a carriage paid sale, takes place when the goods leave the warehouses of the seller. Therefore the goods travel at the purchaser's risks, to which it belongs in the event of damage or of shortfall, to make all necessary observations and claims to the carrier.
The goods are sold with a clause expressly subordinating the transfer of ownership to the integral payment of the price, be it of the goods or other costs.
It however is understood that the simple handing-over of a title creating an obligation to pay, draft or other, does not constitute a payment within the meaning of the present clause; the transfer of ownership can only take place when the aforementioned commercial draft is actually paid.
The above terms do not obstruct the transfer of risks (loss, detoriaration or any other damages) to the purchaser as soon as the goods are delivered.
The purchaser will have to subscribe an insurance guaranteeing the risks born as from the delivery of the goods.
As long as the price will not have been completely paid, the purchaser will have to separate the goods delivered and not to mix them with similar goods coming from other suppliers. In the absence of singling out, the seller will be able to require refund or to take back those still in stock.
In the event of attachment, or of any other intervention of a third party on the goods, the purchaser will be required to inform the seller immediately in order to allow him to oppose to it and to preserve his rights.
Moreover, the purchaser is not permitted to pawn or yield as guarantee the property of the goods.
The purchaser is authorized, within the normal running of his business, to resell the goods. However, he is required, in the event of resale, to immediately pay the remaining amount due to the seller (or to inform the under-purchasers that the aforementioned goods are burdened with a clause of reserve of ownership and to inform the seller of this transfer so that he can preserve his rights, and if necessary, exert a claim on the resale price against the sub-purchaser).
Packing carrying the brand of the seller can be used only for its products and will never be used for other products. Any infringement with this rule would expose its author to penal prosecution and the payment of damages.
Will be only qualified in the event of litigation of any nature or dispute relating to the the order, the trade tribunal of Dax, unless the seller prefers to seize any other relevent court (except for the sales to consumers).
This clause applies even in the event of summary procedure, incidental request, plurality of defendants or call upon guarantee, and whatever the way and the methods of payment. The clauses regarding jurisdiction existing on the documents of the purchasers will not be able to obstruct the application of this clause.