General Conditions of Sale

2.1 - Online orders

• Online orders are made on the website. in accordance with the provisions of the Civil Code on the conclusion of contracts online, the contract will be concluded only after clicking on the button to confirm the order after viewing the detail of it and in particular its total price and have had the opportunity to correct any errors.
• Upon confirmation of the order, the Customer receives a confirmation e-mail that is proof of his order.

2.2 - Orders by phone or over the counter

• Orders will only be considered definitive once they have been confirmed paid.

5.1 - Terms of delivery

• 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.

5.2 - Delivery time

• 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.

5.3 - Risks

• The products are deliverable carriage paid by the purchaser at the agreed place.

• 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.

• In all cases, it is up to the purchaser, in the event of damage or missing items, to register all necessary observations at the time of receipt of the goods and to confirm his reservations in writing, within three days of receipt of the goods.

• It is understood, however, that the mere delivery of a title creating an obligation to pay, draft or other, does not constitute payment within the meaning of this clause, the original claim of the seller on the buyer subsisting with all the guarantees therein. are attached, including retention of title until such negotiable instrument has actually been paid for.

• The purchaser must take out insurance covering the risks arising from the delivery of the goods.

• As long as the price has not been paid in full, the purchaser must identify the goods delivered under this contract and not mix them with other goods of the same nature from other suppliers.

• In the absence of singling out, the seller can insist on a refund or claim back those still in stock.

• In the event of the seizure of the goods by a third party, the buyer is responsible for informing the seller so they can object and protect their rights. The buyer agrees to abstain from pledging the goods or assigning said ownership as a guarantee.

7.1 - Right of withdrawal

• Any order placed on the Website, by telephone or by mail by a non-professional individual purchaser constitutes the formation of a contract concluded at a distance between the purchaser and the seller. In accordance with article L121-20-12 and L121-16-1 of the Consumer Code, the individual purchaser and the non-professional purchaser have a period of 14 days from receipt of their order to exercise their right of withdrawal, without having to justify their decision, nor to bear other costs, with the exception of the return costs which remain their responsibility.

• 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.

• in order to exercise the right to withdraw, the customer must inform Euro4x4parts of their decision to withdraw

  • by post to EURO4X4PARTS - 4600 route de BAYONNE - lieu-dit BELLEHOURCQ - 40390 STE MARIE DE GOSSE - FRANCE,
    
    
  • or by phone to +33 559 45 11 44,
    
    
  • or via email to welcome@euro4x4parts.com
    
    
• example of withdrawal form.

• 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 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.

• 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.

• The customer bears the direct cost of returning the goods.

• 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.

7.2 - Returns after the right to withdraw period

All products returned beyond the period of withdrawal are subject to a formal agreement between the customer and Euro4x4parts.

No returns will be accepted after a period of one month from the date of delivery.

8.1 - Extent

• The products are guaranteed against any raw material or manufacturing defect for 2 years, as of the delivery date

  • of the legal guarantee of conformity covering goods with apparent defects or damage or not matching the order or purchase,
  • - of the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the delivered goods and rendering them unfit for use, under the conditions and according to the methods referred to below.

• Any action made under guarantee will have no effect on the period of cover.

  • - has a period of two years from the delivery of the goods to act against the seller,
  • - can choose to repair or replace the goods ordered, subject to the cost conditions provided for in article L 217-9 of the Consumer Code,
  • - is exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four months following delivery of the goods, except for second-hand goods, the period of which is extended to six months (art. 217-7 of the Consumer Code)

• 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.

• Refunds for goods deemed non-compliant or defective will be made as soon as possible and at the latest within 30 days of the seller's determining a lack of conformity or hidden defect.

8.2 - Exclusion

• 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.

11.1 - Methods

• 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,
  • - 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).

11.2 - Delay or failure

• 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.

• In addition, a trade purchaser in a situation of late payment will automatically be liable for a lump sum compensation of € 40 for recovery costs.

11.3 - Requirement of guarantees or payment

• 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.

13.1. Authorization of resale

• 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).