GENERAL CONDITIONS OF SALE FOR INDIVIDUALS
ARTICLE 1 - Scope of application
These General Conditions of Sale apply, without restriction or reservation, to all sales concluded by the NELUMBO microenterprise to consumers and non-professional buyers, wishing to acquire the products offered for sale by the Seller on the Website. https://www.garagenelumbo.com.
They specify in particular the conditions of ordering, payment, delivery and management of possible returns of Products ordered by Customers.
These General Conditions of Sale apply to the exclusion of all other conditions.
They are accessible at any time on the Website https://www.garagenelumbo.com and will prevail, where applicable, over any other version or any other contradictory document.
These General Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the website on the date the order is placed.
Any order placed for the Products appearing in the online store of the website www.garagenelumbo.com requires consultation and prior acceptance of these General Conditions of Sale.
Validation of the order by the Customer constitutes acceptance without restriction or reservation of these General Conditions of Sale and knowledge of its annexes.
Validation of the order constitutes an obligation to pay.
The Products ordered will be described in the order placed by the Customer which will have the value of special conditions.
ARTICLE 2 – Definitions
“Address of the Seller” means the postal address 17 RUE de Molina 42000 Saint- Étienne
“Customer” means any person acting as a consumer or non-professional, to whom the Seller sells the Products.
“Customer account” means the account created by the customer, before ordering from the Seller, on the form accessible on the Website www.garagenelumbo.com.
“Party” refers indifferently to the Seller or the Customer
“Parties” means together the Seller and the Customer
“Product(s)” means the Product(s) sold by the Seller
“Website” means the website www.garagenelumbo.com
“Seller” refers to the microenterprise NELUMBO
ARTICLE 3 - Products offered for sale
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the Website.
The Customer is required to read it before placing any order.
The choice and purchase of a Product is the sole responsibility of the Customer.
The Customer acknowledges having the required capacity to contract and acquire the Products offered on the Website.
The Customer is required to refer to the description of each Product in order to know its properties, essential characteristics and delivery times.
There may be minimal variations in the representation of the items sold on the Website compared to reality.
Certain Products are intended to increase the performance of the vehicle for the exclusive purpose of use in competition. As a result, Products modifying the character of the vehicle in relation to its approval on French territory make it unsuitable for road use.
Every effort has been made to ensure the accuracy of the information presented on the Website. Product and manufacturer names and brands are used for identification purposes only.
The contractual information is presented in French.
Product offers are within the limits of available stocks, as specified when placing the order.
ARTICLE 4 - Seller’s contact details
The microenterprise “ Nelumbo ” is registered in the Saint- Étienne trade register under the RCS number “949 797 138”. His postal address is 17 RUE de Molina 42000 Saint- Étienne and his email address is garage.nelumbo@gmail.com.
In accordance with the Data Protection Act of January 6, 1978, reinforced and supplemented by the GDPR (general data protection regulations) which came into force on May 25, 2018, the Customer has, at any time, a right of access , rectification, opposition, deletion and portability of all of their personal data by writing, by post and providing proof of their identity, to the Seller's address, mentioned above.
ARTICLE 5 – Orders
It is up to the Customer to select the Products he wishes to order on the Website.
To place an order on the Website, the customer must first create their personal customer account. After its creation, the Customer must, to access it, identify himself using his personal and confidential username and password.
The Customer undertakes to maintain strict confidentiality regarding the data allowing him to access his Customer Account.
The Customer undertakes to immediately inform the NELUMBO microenterprise of any misappropriation or fraudulent use of his identifier and/or password.
The Customer undertakes when creating and using his Customer Account to:
- Deliver real, accurate, up-to-date information at the time of entry into the registration form;
- Keep registration data up to date to ensure its accuracy at all times.
The Customer has the possibility to check the details of his order, its total price and to correct any errors before confirming his acceptance. It is his responsibility to verify the accuracy of the order and to immediately report or correct any errors.
An order is registered on the Website when the Customer accepts these General Conditions of Sale by checking the box provided for this purpose and validates his order.
The sale is only final after sending to the Customer confirmation of acceptance of the order by the Seller by email sent to the email address indicated by the consumer on the order form.
Any order placed, validated by the Customer and confirmed by the Seller, constitutes the formation of a contract concluded remotely between the Customer and the Seller.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all communications, orders and payments made with the Customer.
The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
The Customer will be able to follow the progress of his order on the Website.
ARTICLE 6 – Prices
The Products are supplied at the current prices appearing on the Website, when the order is registered by the Seller. Prices are expressed in Euros and tax included.
The prices displayed on the Website are firm and final.
They do not include processing, shipping, transport and delivery costs, which are invoiced additionally, under the conditions indicated on the Website and calculated before placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is established by the Seller and given to the Customer upon delivery of the Products ordered.
ARTICLE 7 - Payment conditions
All Seller invoices are payable upon validation of the order. Any payment made before the due date does not entitle you to any discount.
Late payment will also result in the immediate payment of all sums owed by the Customer, without prejudice to any other action that the Seller may be entitled to take, in this respect, against the Customer.
Payments made by the Customer will only be considered final after actual collection of the sums due by the Seller.
In addition, the Seller reserves the right, in the event of non-compliance with the payment conditions appearing above, to suspend or cancel delivery of current orders placed by the Customer.
No additional costs, greater than the costs borne by the Seller for the use of a means of payment, may be invoiced to the Customer. In the event of payment in several installments through a banking service provider, the customer bears part of the interest.
ARTICLE 8 – Deliveries
The products are delivered to the address indicated by the consumer on the order form and only to the geographical areas served.
All products leave the Seller's premises in perfect condition.
Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.
The shipping date is specified to the Customer before finalizing the order.
The delivery time of the order is the longest time indicated on the item, so if the Customer orders an item A with a time of 24 hours and an item B with a time of 3 days, the shipping time of your order will last 3 days, to this period you must add the transport time.
In the absence of indication or agreement as to the date of delivery or supply, the Seller delivers the goods without undue delay and no later than thirty days after the conclusion of the contract.
For deliveries delivered against signature, the signature on the carrier's delivery slip is taken as proof.
For deliveries delivered without signature, the information contained in the Post Office information system is authentic.
Delivery consists of the transfer to the Customer of physical possession or control of the Product.
The Seller must deliver the goods within the time indicated to the Customer, in accordance with article L216-1 of the Consumer Code.
Article L.221-15 of the Consumer Code provides:
The professional is automatically responsible towards the consumer for the proper execution of the obligations resulting from the contract concluded remotely, whether these obligations are performed by the professional who concluded this contract or by other service providers, without prejudice of its right of appeal against them.
However, he may exonerate himself from all or part of his liability by providing proof that the non-performance or poor performance of the contract is attributable either to the consumer, or to the unforeseeable and insurmountable act of a third party to the contract, or in a case of force majeure.
Articles L216-1 et seq. of the Consumer Code, referring to article L111-1 of the same Code, regulate the procedure applicable in the event of late delivery.
As with any shipment, it is possible to experience a delay or the product to be lost. In such a case, the Seller contacts the carrier to start an investigation.
Every effort is made, for as long as necessary, to find this package. If necessary, the Seller will be reimbursed by the carrier and will deliver a new identical package at his own expense.
Under the legal liability of the remote seller, the Seller is responsible for transport to the Customer.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the specified deadlines.
In the event of non-compliance with the expected delivery time, the Customer may order the seller in writing to make delivery within a reasonable additional time. If again the Seller fails to perform, for any reason other than force majeure or the Customer's actions, the Customer may terminate the contract in writing.
The contract is considered terminated upon receipt by the Seller of writing informing him of this resolution, unless the Seller has complied in the meantime.
The termination of the contract can be carried out immediately without the need for a first injunction if:
- The Seller refuses delivery of the Product;
- The Product is not delivered on the date indicated in the contract and the delivery time constitutes for the Customer an essential condition of the contract (expressly expressed by the latter before the conclusion of the contract).
In these two cases, the sums paid by the Customer will be returned to him at the latest within fourteen days following the date of termination of the contract, excluding any compensation or withholding.
Failing this, the reimbursement is increased in accordance with the provisions of the Consumer Code.
The Customer is encouraged to report to the carrier (or the postman) the slightest trace of impact (holes, crush marks, etc.) on the package, and if necessary to refuse the package.
A new identical product will then be returned to them free of charge.
The Seller bears the transport risks and is required to reimburse the Customer in the event of damage caused during transport.
The Customer is encouraged to check the condition of the delivered products.
The exchange of any product declared subsequently damaged during transport, without any reservation having been expressed upon receipt of the package, cannot be covered, or a guarantee is requested. In the event of non-conformity of the Product delivered, the Seller - undertakes to remedy it or reimburse the Customer, as indicated below.
The Customer must formulate as soon as possible with the Seller, and ideally within 8 days, any claim of delivery error and/or non-conformity of the Products in kind or quality in relation to the indications appearing on the order form.
The Seller will reimburse or replace as soon as possible and at its expense, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in articles L 217-4 et seq. Consumer Code and those provided for in these General Conditions of Sale.
In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the Seller in its entirety and in its original packaging in impeccable condition to the Seller's Address.
To be accepted, any return must be reported and have the prior agreement of the Seller, who if agreed will reship the package to the correct address.
In the event of a delivery error or lack of conformity, no costs are payable by the buyer.
ARTICLE 9 - Transfer of ownership - Transfer of risks
The transfer of ownership takes place after full payment by the Customer.
Whatever the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto will only be carried out at the time when the Customer or a third party designated by him takes physical possession of the Products.
The Products therefore travel at the Seller's risk.
ARTICLE 10 - Right of withdrawal
In accordance with the legal provisions in force, the Customer has a period of fourteen days from receipt of the Product to exercise his right of withdrawal from the Seller, without having to provide reasons or pay a penalty, for the purpose of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within 14 days following notification to the Seller of the Customer's decision to withdraw.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be put back on the market in new condition, including the manufacturers' labels, accompanied by the purchase invoice.
If the product is damaged, dirty or incomplete, the Customer is liable as long as the depreciation of the good does not result from use similar to handling in store. He must compensate the Seller for the damage caused.
The right of withdrawal may be exercised using the withdrawal form available in the appendix hereto, or any other declaration, unambiguous, expressing the desire to withdraw, in particular by letter sent by post to the Address of the Seller; 17 rue de Molina 42000 Saint Etienne.
If the right of withdrawal is exercised within 14 days, only the price of the Product(s) purchased and the delivery costs are refunded; return costs remain the responsibility of the Customer.
The refund will be made within 14 days from notification to the Seller of the withdrawal decision.
The Seller will make the reimbursement using the same means of payment as that used by the Customer for the initial transaction, unless the Parties agree on a different means. In any event, this reimbursement will not incur any costs for the Customer.
The Seller may defer reimbursement until receipt of the goods or provision of proof of shipment of the goods by the Customer, the date chosen being that of the first of these events.
The Customer's liability is only incurred with regard to the depreciation of the property resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this property.
In accordance with the provisions of article L221-28 of the Consumer Code, the exercise of the right of withdrawal is excluded for the following contracts:
- Contracts for the supply of goods which have been unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection: aerosols, sprays, cleaning wipes, oils and greases.
Under no circumstances is THE SELLER responsible for the loss or damage of returned packages. Cash on delivery packages will be systematically refused.
ARTICLE 11 - Responsibility of the Seller - Guarantee
The Customer has the guarantee relating to defects in the item sold (articles 1641 to 1648 of the civil code) and the legal guarantee of conformity (articles L.217-1 et seq. of the consumer code).
The Seller guarantees the conformity of the Products to the contract and any hidden defects in the item sold under the conditions provided for by these texts.
The cases of warranty exclusion are: use in competition, non-compliance with the assembly instructions, inappropriate use, incorrect assembly. For any warranty request, the part must be sent to us with a covering letter explaining the origin of the problem as well as a photocopy of the invoice. For warranty claims concerning pistons, the cylinder must without fail be included in the shipment with the professional's assembly invoice.
The Products sold on the Website comply with the regulations in force in France and have performances compatible with non-professional uses.
The Products supplied by the Seller benefit automatically and without additional payment, independently of the right of withdrawal, in accordance with legal provisions,
- the legal guarantee of conformity, for Products that are apparently defective, damaged or damaged or do not correspond to the order,
- the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and making them unfit for use,
Under the conditions and according to the terms specified by law and by these General Conditions of Sale.
Please note that as part of the legal guarantee of conformity, the Customer
- benefits from a period of two years from delivery of the goods to take action against the Seller;
- can choose between repairing or replacing the Product ordered, subject to the cost conditions provided for by article L 217-12 of the Consumer Code;
- is exempt from providing proof of the existence of the lack of conformity of the Product during the twenty-four months following delivery of the Product.
The legal guarantee of conformity applies independently of the commercial guarantee which may possibly cover the Product.
The Customer may decide to implement the guarantee against hidden defects in the Product in accordance with article 1641 of the Civil Code; in this case, he can choose between canceling the sale or reducing the sale price in accordance with 1644 of the Civil Code.
The Seller will reimburse, replace or repair Products or parts under warranty deemed non-compliant or defective.
Reimbursements for Products deemed non-compliant or defective will be made as soon as possible following the Seller's discovery of the lack of conformity or hidden defect.
Reimbursement will be made by credit to the Customer's bank account or by bank check addressed to the Customer.
The Seller cannot be held liable in the following cases:
- non-compliance with the legislation of the country in which the Products are delivered, which it is up to the Customer to verify,
- in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.
The Seller's guarantee is limited to the replacement or reimbursement of non-compliant or defective Products, unless the Customer demonstrates additional compensable damage.
ARTICLE 12 - Protection of personal data
In application of law 78-17 of January 6, 1978 modified by law n°2018-493 of June 20, 2018, it is recalled that the personal data requested from the Customer are necessary for the processing of their order and the preparation of invoices. , notably.
This data may be communicated to any partners of the Seller responsible for the execution, processing, management and payment of orders.
The processing of information communicated via the Website meets legal requirements regarding the protection of personal data, the information system used ensuring optimal protection of this data.
The Customer has, in accordance with the national and European regulations in force, a right of permanent access, modification, rectification, opposition to portability and limitation of processing with regard to information concerning him.
This right can be exercised under the conditions and according to the terms defined on the Website at garage.nelumbo@gmail.com.
To the extent that the Seller collects the Customer's telephone contact details, the Seller specifies, in accordance with the provisions of article L223-2 of the Consumer Code, that the Customer has the right to register on a list of opposition to the telephone canvassing.
ARTICLE 13 - Intellectual property
All intellectual property rights and other rights relating to the Website, including copyright, trademarks, designs and database rights, are and remain the exclusive property of the Seller.
The Seller prohibits the extraction or reuse of all or part of the content of its Website.
The Customer acknowledges the existence of these proprietary and intellectual property rights, and will not take any action to infringe, limit or restrict in any way the property or rights of the Seller with respect to the Site Internet.
ARTICLE 14 - Force majeure
The Parties cannot be held responsible if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of article 1218 of the Civil Code.
The party affected by such circumstances will notify the other within ten business days of becoming aware of them.
The two parties will then come together, within three months, unless this is impossible due to force majeure, to examine the impact of the event and agree on the conditions under which execution of the contract will be continued.
If the force majeure lasts for more than one month, the contract may be terminated by the injured Party.
ARTICLE 15 - Applicable law – Language
These General Conditions of Sale and the operations resulting from them are governed by French law.
They are written in French. In the event that they are translated into one or more languages, only the French text will be authentic in the event of a dispute.
ARTICLE 16 – Disputes
In the event of a dispute or complaint, the consumer will contact the Seller as a priority to obtain an amicable solution.
The Customer has the possibility of resorting to a consumer mediator under the conditions provided for in Title I of Book VI of the Consumer Code.
The Customer can enter the AME CONSO:
- Either by internet (https://www.mediationconso-ame.com) by completing the form dedicated to this purpose made available to them, accompanied by the documents supporting their request;
- Either by postal mail addressed to AME CONSO, 11 place Dauphine – 75001 PARIS, accompanied by documents supporting your request
The Customer is informed that he can in any case resort to conventional mediation, in particular with the Consumer Mediation Commission (article L 612-1 of the Consumer Code).
All disputes to which the purchase and sale operations concluded in application of these general conditions of sale could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their consequences and which could not have been be resolved between the seller and the customer will be submitted to the competent courts under the conditions of common law.
If one or more stipulations of these general conditions are held to be non-validated or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force. and their scope.
The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in the framework of these general conditions of sale cannot be interpreted for the future as a claim to the obligation in question.
ARTICLE 17 - Pre-contractual information - Customer acceptance
The pre-contractual information given by the Seller must relate to the essential characteristics of the good.
The fact for a person to order on the Website implies full and complete adherence and acceptance of these General Conditions of Sale and its annexes and obligation to pay for the Products ordered, which is expressly recognized by the Customer, who waives, in particular, avail itself of any contradictory document, which would be unenforceable against the Seller.
ANNEX 1
Provisions relating to legal guarantees
Regarding the legal guarantee of conformity:
- The consumer can choose between repair or replacement of the good, subject to the cost conditions provided for by the Consumer Code (if none of these solutions is effective within one month from the date of the consumer's complaint, the latter may demand a refund).
- The consumer is exempt from providing proof of the lack of conformity of the goods during the 24 months following delivery of the goods.
- The legal guarantee of conformity applies independently of any commercial guarantee granted.
- When exercising the legal guarantee of conformity, no costs can be borne by the consumer.
Article L217-3 of the Consumer Code
The seller delivers goods that comply with the contract as well as the criteria set out in article L. 217-5.
He is responsible for defects in conformity existing at the time of delivery of the goods within the meaning of article L. 216-1, which appear within two years of delivery.
In the case of a contract for the sale of goods containing digital elements:
1° When the contract provides for the continuous supply of digital content or a digital service for a period less than or equal to two years, or when the contract does not determine the duration of supply, the seller is liable for lack of conformity of this digital content or this digital service which appears within two years from the delivery of the good;
2° When the contract provides for the continuous supply of digital content or a digital service for a period greater than two years, the seller is responsible for any lack of conformity of this digital content or this digital service which appears during the period during which it is provided under the contract.
For such goods, the applicable deadline does not deprive the consumer of his right to updates in accordance with the provisions of article L. 217-19.
The seller also responds, during the same deadlines, for defects in conformity resulting from the packaging, assembly instructions, or installation when this has been made his responsibility by the contract or has been carried out under his responsibility. , or when the incorrect installation, carried out by the consumer as provided for in the contract, is due to gaps or errors in the installation instructions provided by the seller.
This warranty period applies without prejudice to articles 2224 et seq. of the civil code. The starting point for the prescription of the consumer's action is the day the latter becomes aware of the lack of conformity.
Article L217-4 of the Consumer Code
The property complies with the contract if it meets, where applicable, the following criteria:
1° It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract;
2° It is suitable for any special use sought by the consumer, brought to the attention of the seller at the latest at the time of conclusion of the contract and which the latter has accepted;
3° It is delivered with all accessories and installation instructions, to be supplied in accordance with the contract;
4° It is updated in accordance with the contract.
Article L217-7 of the Consumer Code
Lack of conformity which appears within a period of twenty-four months from the delivery of the goods, including goods containing digital elements, are, unless proven otherwise, presumed to exist at the time of delivery, unless this presumption is incompatible with the nature of the good or defect invoked.
For second-hand goods, this period is set at twelve months.
When the sales contract for a good comprising digital elements provides for the continuous supply of digital content or a digital service, the conformity defects which appear are presumed to exist at the time of delivery of the good:
1° During a period of two years from delivery of the goods, when the contract provides for this supply for a period less than or equal to two years or when the contract does not determine the duration of supply;
2° During the period during which the digital content or digital service is provided under the contract, when the contract provides for this supply for a period of more than two years.
Regarding the legal guarantee against hidden defects:
Article 1641 of the Civil Code
The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would not would have given a lower price for them, if he had known them.
Article 1648 paragraph 1 of the Civil Code.
Action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
In the event of implementation of the guarantee of hidden defects, the consumer can choose between cancellation of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.
ANNEX 2
Withdrawal form
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on the Website unless exclusions or limits to the exercise of the right of withdrawal follow the applicable General Conditions of Sale.
To the attention of: garage.nelumbo@gmail.com
Nelumbo
17 rue de Molina
42000 Saint-Etienne
I hereby notify the withdrawal of the contract relating to the order of the services below:
- Order dated: .................. received on: ..........
- Order number: ............................................. ...............
- Client name : ............................................. .............................
- Customer Address: ............................................. .........................
Client's signature :
Date :