general conditions of sale

Preamble :

These general conditions of sale govern the commercial relations between:

 

– The owner and operator of the site Mr PAWELEC Pierre-olivier, 13 boulevard alexandre ducros 30620 BERNIS identified under the Siret number, 898643259, hereinafter referred to as “the seller”

– The person having accepted these General Terms and Conditions, hereinafter referred to as “the Customer” or “the Buyer” or “the Consumer”.

The Seller and the Buyer are hereinafter commonly referred to as “The Parties”.

The Parties agree that their relations will be governed exclusively by this contract, to the exclusion of any conditions previously available on the Seller's website, and any other documents, prospectuses, catalogs or photographs of the products which have only an indicative value.

These General Terms and Conditions are binding on the consumer who acknowledges, by ticking a box provided for this purpose, having read and accepted them before placing an order.

Validation of the order by its confirmation constitutes acceptance by the buyer of the General Terms and Conditions in force on the day of the order, the conservation and reproduction of which are ensured by the seller in accordance with article 1369.4 of the Civil Code.

The General Terms and Conditions and information relating to the order are written in French.

The seller reserves the right to modify its T&Cs at any time. In the event of modification of the T&Cs, the applicable T&Cs are those in force on the date of the order, a copy of which, dated on that date, may be provided to the consumer upon request. The online sales offers presented on the site  are reserved for consumers residing in France, in a member country of the European Union or abroad.

They are not intended for professionals, who must therefore contact the seller for any order.

The buyer declares to be legally capable and to be at least 18 years old on the day the order is placed.

Article 1- Order

The products offered for sale by detcars are presented on the website  with a descriptive photo, and a mention of their essential characteristics within the meaning of Article L. 111.1 of the Consumer Code.

The seller guarantees the quality of its products, as well as their essential characteristics.

However, the seller is not responsible for any minor differences that may exist between the photograph of the product and its actual appearance.

The prices, volumes and quantities offered for sale are those displayed on the customer's screen when they place an order online.

The online sales offers presented on the site are valid, unless a specific duration is indicated, as long as the products appear in the electronic catalog and within the limits of available stocks.

The customer has the opportunity to check the details of his order and its total price, and to correct any errors, before confirming it and finalizing it with payment.

The function used by the consumer to validate his order includes the clear and legible wording: "order with obligation of payment or a similar formula", devoid of any ambiguity, indicating that placing an order requires payment.

As soon as the customer has registered and validated the order, he is considered to have knowingly and unreservedly accepted the prices, volumes and quantities offered for sale and ordered.

When ordering, the buyer undertakes to provide accurate and up-to-date information.

The correct receipt of the customer's order by the Seller will be confirmed by email.

The seller undertakes to notify the customer by email if the product ordered is unavailable.

Acceptance of the offer by the consumer is validated, in accordance with the double-click process, by confirmation of the order.

The seller reserves the right to refuse any order for legitimate reasons and, in particular, if the quantities of products ordered are abnormally high for buyers with consumer status.

The buyer must be the holder of the bank card with which he/she pays for the product ordered, and failing that, guarantees the Seller that he/she has the authorization of the holder.

Article 2- Price

The prices of the products offered on the site are indicated in Euros.

All orders, regardless of their country of origin, are payable in euros. Product sales prices are those in effect at the time the order is placed, excluding shipping costs. Product sales prices may be modified at any time due to external events.

Shipping costs are the responsibility of the customer, and are charged in addition to the price of the products according to the amount of the order. Shipping costs will be indicated when registering the

order. An increase in shipping costs may be applied for deliveries outside the FRANCE zone.

Article 3- VAT and taxes

The prices displayed include French VAT by default. In the case of a customer residing abroad, prices are recalculated based on the declared address, from the moment the customer logs in to the site.

Products ordered by a buyer in an EEC country are subject to French VAT.

Outside the EEC, our products are invoiced excluding taxes. However, if ordering from a country other than France, the customer is the importer of the goods. Customs duties, local taxes, import duties, or state taxes may be payable. These duties and amounts are the responsibility of the customer and are their sole responsibility, both in terms of declarations and payments to the competent authorities and/or organizations in their country.

Article 4- Payment

Ownership of the goods and the risks relating thereto are transferred to the customer upon taking possession of them.

The amounts relating to the products ordered by the customer on the site are payable upon validation of the order by the customer.

Payment can be made by credit card or check.

For bank card payments:

Payment is made by bank card bearing the CB sign (Visa, Mastercard Amex, PayPal, Bitcoin).

The order will be finalized by online payment, which requires the customer to provide their bank card number, its expiry date and the last three digits on the back.

The customer expressly acknowledges that the communication of his bank card number constitutes authorization to debit his account for the amount of the products delivered.

In the event of payment refusal by the customer's bank, the order will be cancelled. Payment for online orders is handled by the secure STRIPE payment system. This organization is the only body authorized to collect the bank details of the Seller's customers.

Stripe guarantees the security of banking transactions as well as the absolute confidentiality of the banking details transmitted to it.

The contract may be terminated by the seller in the event of:

— refusal of the buyer to take delivery;

— non-payment of the price (or the balance of the price) at the time of delivery by the buyer.

The seller reserves the right, in the absence of payment of the price, to demand payment, to suspend delivery or to terminate the contract automatically.

Article 5- Validation of the order

The sales contract is formed at the time the consumer sends confirmation of their order and complete payment of the price.

The archiving of communications, purchase orders and invoices is carried out on a reliable and durable medium in such a way as to constitute a faithful and durable copy in accordance with article 1348 of the Civil Code.

These communications, purchase orders and invoices may be produced as proof of the contract.

As a security measure for its users and to protect against fraud attempts, the seller reserves the right to check with the relevant organizations the validity of payments made by any buyer.

Furthermore, the seller reserves the right to request or even demand additional information, or to request a change in the method of payment for orders.

These security measures are intended to protect buyers against possible fraud attempts.

Article 6- Delivery

6-1. Delivery costs

Delivery terms and shipping costs are only valid for the FRANCE zone. For customers residing abroad, prices are recalculated based on the declared address, from the moment the customer logs in to the website.

6-2. Delivery times

The seller undertakes to dispatch the order as soon as possible from the order date, to which is added the delivery time of the organization responsible for delivery.

Delivery of the order is handled by the Post Office.

From the time of collection by the post office, the customer is generally delivered within 48 hours, subject to the deadlines for deposit, EXCEPT orders involving delivery outside France.

Taking into account the preparation, dispatch and delivery times of the order by post, the seller undertakes to ensure that customers are delivered within a maximum of 30 days from the finalisation of the order and its full payment.

In the event of non-compliance with this deadline, the customer having the status of non-professional consumer

may obtain the resolution of the sale under the conditions provided for in Article L. 138-2 of the Consumer Code.

The customer will then be reimbursed under the conditions of article L. 138-3 of the consumer code.

6-3. Delivery locations

Delivery will be made to the address indicated by the customer when ordering. To this end, the customer undertakes to provide the most complete address possible as well as any additional information required. The seller cannot be held responsible in the event of a failed delivery due to incorrect or outdated information provided by the customer. 6-4. Delivery Problems

6-4. Delivery problems

 

6-4-1. Unavailability of products in stock

 

In the event of unavailability of the products ordered, the customer will be informed of this unavailability by the Seller.

The Customer must pay a 50% deposit upon pre-order, and the balance of 50% when informed of its availability.

Once the product is available, the buyer will be delivered within a maximum of 30 days in accordance with article 6-2 above.

In case of loss of package, a dispute will be opened with the carrier chosen by the buyer when validating his order. In case of confirmation of loss of package validated by the carrier, the seller will inform the buyer of the situation and will send him a voucher valid on www.detcars.store for the value of his order (shipping costs included) if the package is still lost within 30 days.

6-4-2. Reservations upon delivery

Upon receipt of the ordered product, the customer must check the product and indicate, where applicable, on the delivery slip and in the form of handwritten reservations accompanied by a signature, any anomalies concerning it.

The statement "subject to unpacking" has no legal value. Consequently, the customer must detail on the delivery slip the specific reservations they intend to make regarding the delivery of their order (a precise indication of the damage suffered by the package and its contents).

These reservations must also be confirmed to the Seller by Registered Letter with Acknowledgment of Receipt within 48 hours of receipt of the package.

The seller declines all responsibility in the event of non-compliance with these various formalities by the customer.

Article 7 – Right of withdrawal

For safety and traceability reasons, the right of withdrawal does not apply to any item that directly affects the safety of passengers in a passenger or racing vehicle. Wheel spacers affected by this measure cannot be returned or exchanged. Contact us if necessary!

The consumer buyer has a period of fourteen days to exercise his right of withdrawal, without having to justify his decision, nor to bear costs other than those provided for in articles L. 121-21-3 to

L. 121-21-5 of the Consumer Code.

 

However, the buyer cannot benefit from a right of withdrawal for products likely to deteriorate or expire quickly or which have been unsealed by the consumer after delivery, and which cannot be returned for reasons of hygiene or health protection.

 

The period referred to in the first paragraph of this article runs from the day of receipt of the goods by the consumer or a third party, other than the carrier, designated by him.

The consumer may exercise his right of withdrawal from the conclusion of the contract.

The consumer buyer must inform the Seller of his decision to withdraw by sending him, by registered letter with acknowledgment of receipt, before the expiry of the aforementioned fourteen-day period, an unambiguous declaration expressing his wish to withdraw.

The buyer may print the withdrawal form in the Appendix. The buyer must return or return the goods to the Seller without undue delay and, at the latest, within fourteen days of communicating his decision to withdraw.

The consumer will bear the direct costs of returning the goods.

The consumer may be held liable in the event of depreciation of the seller's goods.

When the right of withdrawal is exercised, the seller will reimburse the buyer for all sums paid, including delivery costs, without undue delay.

The Seller will not reimburse the buyer until the buyer has received the purchased goods back. The Seller will make this reimbursement using the same means of payment as that used by the consumer for the initial transaction, unless the consumer expressly agrees to use another means of payment and provided that the reimbursement does not incur any costs for the consumer.

The Seller will not be required to reimburse additional costs if the consumer has expressly chosen a more expensive delivery method than the standard delivery method offered by the professional.

The right of withdrawal will not apply in the case of an order for a product made according to the consumer's specifications or clearly personalized: initials, special occasion, embroidered on the product, etc.

Article 8- Cancellation of the order.

No total or partial cancellation of a final order may be accepted outside the specific conditions of the right of withdrawal.

 

Article 9 - Guarantee

In accordance with the provisions of the Consumer Code and the Civil Code, the Seller undertakes to deliver products that are compliant with the use for which they are intended and free from hidden defects. To this end, the Seller shall be liable for any lack of conformity of the products it delivers.

 

All products supplied by the seller benefit from the legal guarantee of conformity provided for in Articles L. 211.4 to L. 211.14 of the Consumer Code and the legal guarantee of hidden defects provided for in Articles 1641 to 1649 of the Civil Code (see below).

 

Under these guarantees, the seller undertakes, at the buyer's choice, to reimburse or exchange defective products or those that do not correspond to the buyer's order.

 

Article L211-4 of the Consumer Code: The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.

 

Article L211-5 of the Consumer Code: To comply with the contract, the goods must:

 

1° Be suitable for the use usually expected of a similar good and, where applicable:

– correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;

– present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;

 

2° Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

It is also liable for defects in conformity resulting from the packaging, assembly instructions or

of the installation when it was placed under its responsibility by the contract or was carried out under its responsibility.

 

Article L211-12 of the Consumer Code: Action resulting from lack of conformity is prescribed after two years from delivery of the goods.

 

Article 1641 of the Civil Code: The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.

 

Article 1648 of the Civil Code: The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.

 

Claims made under the guarantees must be sent by email to the after-sales service: 

 

Products covered by the guarantees must be returned new, complete and in their original condition and packaging after receipt and confirmation of the claim by the after-sales service.