general condition of sale

 

GENERAL TERMS OF SALE – INTERNET

In effect on 01/07/2020

ARTICLE 1 – Scope

These General Terms of Sale (so-called "CGV") apply, without restriction or reservation, to all sales made by the Seller to non-professional buyers ("Customers or Customer"), wishing to acquire the products offered for sale ("The Products") by the Seller on the www.groupvwparts.com site. The products offered for sale on the site are:

  • auto parts

The main characteristics of the Products, including specifications, illustrations and indications of the size or capacity of the products, are presented on the website www.groupvwparts.com what the customer is required to read before ordering.

Choosing and purchasing a product is the customer's sole responsibility.

Product offerings are within the limits of available stocks, as specified when ordering.

 

These CGVs are accessible at any time on the www.groupvwparts.com website and will prevail over any other document.

The Customer states that he became aware of these CGVs and accepted them by checking the box provided for this purpose before the implementation of the online ordering procedure of the www.groupvwparts.com site.

Unless there is evidence to the contrary, the data stored in the Seller's computer system is evidence of all transactions with the Customer.

 

The Seller's contact information is as follows:

Groupvwparts, LLC

Social capital of 10,000 euros

Registered at the RCS in Bobigny, under the number 882 156 169

1 road of revolt 93200 Saint Denis

Mail: support@groupvwparts.com

Phone: 0148413465

 

The products presented on the www.groupvwparts.com website are offered for sale for the following territories:

Europe, the United States.

 

In the event of an order to a country other than metropolitan France, the Customer is the importer of the affected products.

For all products shipped outside the European Union and DOM-TOM, the price will be calculated tax-free automatically on the invoice.

Tariffs or other local taxes or import duties or state taxes may be payable. They will be in charge and are the sole responsibility of the Customer.

 

ARTICLE 2 – Price

The products are provided at the current rates listed on the www.groupvwparts.com website, when the seller registers the order.

Prices are expressed in Euros, HT and TTC.

The rates take into account any reductions that would be granted by the Seller on the www.groupvwparts.com site.

These rates are firm and not reviewable during their validity period, but the Seller reserves the right, outside the validity period, to change the prices at any time.

Prices do not include processing, shipping, transportation and delivery costs, which are charged extra, under the conditions listed on the site and calculated prior to the order being placed.

The payment requested from the Customer is the total amount of the purchase, including these fees.

An invoice is drawn up by the Seller and given to the Customer when the products ordered are delivered.

 

ARTICLE 3 – Orders

It is up to the Customer to select on the website www.groupvwparts.com the products he wishes to order, according to the following terms:

The customer chooses a product, which he puts in his basket, product that he can delete or modify before validating his order and accepting the present terms and conditions of sale. He will then enter his contact information or connect to his space and choose the delivery method. After the information is validated, the order will be considered final and will require payment from the customer according to the terms and conditions.

Product offers are valid as long as they are visible on the site, within the limits of available stocks.

The sale will only be considered valid after payment of the full price. It is up to the Customer to verify the accuracy of the order and immediately report any errors.

Any order placed on the www.groupvwparts.com site is the formation of a remote contract between the Customer and the Seller.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over the payment of a previous order.

The customer will be able to follow the evolution of his order on the site.

 

ARTICLE 4 – Payment terms

The price is paid by secure payment, according to the following terms:

 

  • payment by credit card

 

The price is payable in cash by the Customer, in full on the day the order is placed.

 

Payment data is exchanged in encrypted mode using the protocol defined by the authorized payment provider for banking transactions carried out on the www.groupvwparts.com website.

 

Payments made by the Customer will only be considered final after the Seller's actual receipt of the sums due.

The Seller will not be required to proceed with the issuance of the Products ordered by the Customer if the customer does not pay the full price under the above conditions.

 

ARTICLE 5 – Deliveries

Products ordered by the Customer will be delivered in metropolitan France or in the following areas:

Europe, America.

Deliveries take place within 48 hours at the address indicated by the Customer when ordering on the site.

Delivery consists of the transfer to the Customer of physical possession or control of the Product. Except in special cases or the unavailability of one or more Products, the products ordered will be delivered in one go.

The Seller is committed to making his best efforts to deliver the products ordered by the Customer within the above specified deadlines.

If the products ordered have not been delivered within 1 month of the indicative delivery date, for any cause other than force majeure or the customer's fact, the sale may be resolved at the Customer's written request under the terms of Articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the Client will then be returned to him no later than fourteen days after the date of the declaration of the contract, excluding any compensation or withholding.

Deliveries are provided by an independent carrier, at the address mentioned by the Customer during the order and to which the carrier can easily access.

When the Customer has taken care of a carrier that he chooses himself, the delivery is deemed to be made as soon as the Products ordered by the Seller are handed over to the carrier which has accepted them without reservation. The Customer therefore acknowledges that it is the carrier's responsibility to make the delivery and has no recourse as collateral against the Seller in the event of a failure to deliver the goods transported.

 

In the event of a special request from the Customer regarding the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the costs related to it will be subject to a specific additional billing, on a quote previously accepted in writing by the Customer.

The Customer is required to check the condition of the products delivered. It has 48 hours from delivery to make complaints by Mail, accompanied by all the relevant documentation (photos in particular). After this period and failing to comply with these procedures, the Products will be deemed compliant and free of any apparent defects and no claim can be validly accepted by the Seller.

The Seller will reimburse or replace, as soon as possible and at its own expense, the products delivered whose apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in the following articles L 217-4 and the following of the Consumer Code and those provided for in these CGVs.

 

The transfer of the associated risk of loss and deterioration will only be carried out when the Customer physically takes possession of the Products. The Products therefore travel at the seller's peril except when the customer has chosen the carrier himself. As such, the risks are transferred at the time of handing over the property to the carrier.

ARTICLE 6 – Transfer of ownership

The transfer of ownership of the Seller's Products to the Customer will be carried out upon acceptance of the order by the Seller, materializing the agreement of the parties on the matter and on the price and regardless of the date of payment and delivery.

ARTICLE 7 – Right to retract

According to the terms of Section L221-18 of the Consumer Code "Consumers have 14 days to exercise their right to withdraw a contract concluded remotely, following telephone canvassing or out of institution, without having to justify their decision or bear any costs other than those provided for in articles L. 221-23 to L. 221-25.
The deadline mentioned in the first paragraph runs from the day:
(1) The conclusion of the contract, for service delivery contracts and those mentioned in Article L. 221-4;
(2) The receipt of the property by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods. For out-of-establishment contracts, the consumer may exercise his right of withdrawal as of the conclusion of the contract.
In the case of an order for several goods delivered separately or in the case of an order for a property consisting of lots or multiple parts whose delivery is spread over a defined period, the time limit from the receipt of the last property or lot or the last piece.
For contracts providing for the regular delivery of goods for a defined period of time, the period is short from the time the first property is received.
»

The right of retraction may be exercised online, using the attached retraction form and also available on the site or any other statement, unambiguous, expressing the will to retract and in particular by mail addressed to the Seller with the postal contact details or mail indicated in article 1 of the CGV.

Returns are to be made in their original and complete state (packaging, accessories, notice …) allowing their re-marketing in the new state, accompanied by the purchase bill.

Damaged, soiled or incomplete products are not taken back.

The return costs remain at the customer's expense.

The exchange (subject to availability) or refund will be made within 14 days of the Seller receiving the Products returned by the Customer under the terms of this article.

 

ARTICLE 8 – Seller's Responsibility – Guarantees

Products provided by the Seller benefit from:

  • legal compliance guarantee for defective, damaged or damaged products that do not match the order,
  • Legal safeguard against hidden defects adging material, design or manufacturing defect affecting the products delivered and rendering them unfit for use,

Provisions for legal guarantees

Article L217-4 of the Consumer Code

"The seller is required to deliver a contract-compliant property and responds to any compliance deficiencies that exist at the time of issuance. It also addresses compliance defects resulting from the packaging, assembly instructions or installation when it has been placed in its care by the contract or has been carried out under its responsibility. »

Article L217-5 of the Consumer Code

"The property is in accordance with the contract:

(1) If it is suitable for the usually expected use of a similar property and, if so:

– if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;

– if it presents the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, especially in advertising or labelling;

(2) Or if it has the characteristics defined by the parties or is specific to any special use sought by the buyer, brought to the seller's knowledge and which the seller has accepted. »

Article L217-12 of the Consumer Code

"The action resulting from the non-compliance is prescribed by two years from the issuance of the property. »

Article 1641 of the Civil Code.

"The seller is bound by the guarantee because of the hidden defects of the thing sold which make it unsuitable for the purpose for which it is intended, or which diminish this use so much, that the buyer would not have acquired it, or would have given only a lower price, if he had known them. »

Article 1648 paragraph 1 of the Civil Code

"The action resulting from the defects must be brought by the purchaser within two years of the discovery of the defect. »

Article L217-16 of the Consumer Code.

"When the buyer asks the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of a piece of furniture, a reclamation covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the warranty that remained to be run. This period runs from the buyer's request for intervention or to the provision for repair of the property in question, if this provision is after the request for intervention. »

In order to assert his rights, the Customer will have to inform the Seller, in writing (mail or mail), of the non-compliance of the Products or the existence of hidden defects from the date of their discovery.

The Seller will reimburse, replace or repair products or warranty parts deemed non-compliant or defective.

The shipping costs will be refunded on the basis of the rate charged and the return fee will be refunded upon presentation of the vouchers.

Refunds, replacements or repairs to products deemed non-compliant or defective will be made as soon as possible and at the latest within days of the Seller's finding of non-compliance or hidden defects. This refund can be made by transfer or bank cheque.

The Seller cannot be held liable in the following cases:

  • non-compliance with the laws of the country in which the products are delivered, which it is up to the Customer to verify,
  • in case of misuse, use for professional purposes, negligence or failure of maintenance on the part of the Customer, such as in case of normal wear of the Product, accident or force majeure.
  • The photographs and graphics presented on the site are not contractual and cannot be held liable by the Seller.

The Seller's guarantee is, in any event, limited to the replacement or reimbursement of non-compliant or affected products of a defect.

 

ARTICLE 9 – Personal data

 

The Customer is informed that the collection of his personal data is necessary for the sale of the Products and their delivery/delivery, entrusted to the Seller. This personal data is collected only for the execution of the sales contract.

 

9.1 Collecting personal data

The personal data collected on the www.groupvwparts.com site is as follows:

Product order:

When ordering products by the customer:

 

Names, first names, postal address, phone number and email address.

 

Payment

As part of the payment of the products offered on the www.groupvwparts.com website, it records financial data relating to the customer's bank account or credit card.

 

9.2 Recipients of personal data

 

Personal data is reserved for the sole use of the Seller and his employees.

 

9.3 Processing Manager

 

The data processing manager is the Seller, under the Computer and Freedoms Act and as of May 25, 2018 of the 2016/679 Personal Data Protection Regulations.

 

9.4 treatment limitation

Unless the Customer expresses his express agreement, his personal data is not used for advertising or marketing purposes.

9.5 Data retention time

The Seller will retain the data collected for a period of 5 years, covering the time of the applicable contractual liability requirement.

9.6 Security and Privacy

The Seller implements digital security organizational, technical, software and physical measures to protect personal data from unauthorized tampering, destruction and access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information over the Internet.

9.7 Implementation of The Rights of Customers and Users

Under the privacy regulations, Customers and users of the www.groupvwparts.com site have the following rights:

  • They can update or delete data about them as follows:

By logging into his account.

  • They can delete their account by writing to the email address listed in Article 9.3 "Processing Manager"
  • They may exercise their right of access to find out about their personal data by writing to article 9.3 "Processing Manager"
  • If the personal data held by the Seller is inaccurate, they may request the information to be updated by writing to Article 9.3 "Processing Manager"
  • They can request the removal of their personal data, in accordance with applicable data protection laws by writing to Article 9.3 "Processing Manager"
  • They may also request the portability of data held by the Seller to another provider
  • Finally, they may object to the Seller's handling of their data

These rights, if they do not object to the purpose of the treatment, can be exercised by sending a request by mail or e-mail to the Processing Manager whose contact details are shown above.

The treatment manager must provide a response within a maximum of one month.

If the Client's request is refused, the Customer must be motivated.

The Client is informed that in the event of a refusal, he can file a complaint with the CNIL (3 Place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.

Customers may be asked to check a box under which they agree to receive informative and advertising emails from the Seller. He will always have the option to withdraw his agreement at any time by contacting the Seller (coordinated above) or by following the churn link.

 

ARTICLE 10 – Intellectual property

The content of the www.groupvwparts.com site is owned by the Seller and its partners and is protected by French and international intellectual property laws.

Any full or partial reproduction of this content is strictly prohibited and is likely to constitute a crime of counterfeiting.

ARTICLE 11 – Applicable law – Language

These CGVs and the resulting transactions are governed and subject to French law.

These CGVs are written in French. In the event that they are translated into one or more foreign languages, only the French text would be authentic in the event of a dispute.

 

ARTICLE 12 – Litigation

For any complaint please contact customer service at the Seller's postal or email address indicated in ARTICLE 1 of these CGVs.

The Client is informed that in any event, he can resort to conventional mediation, to existing sectoral mediation bodies or to any alternative method of dispute resolution (conciliation, for example) in the event of a challenge.

In this case, the designated mediator is

The FEVAD e-commerce Ombudsman's department

60 rue la Boétie 75008 PARIS

https://www.mediateurfevad.fr/

E-mail: mediateurduecommerce@fevad.com.

The Customer is also informed that he can also use the Online Litigation Settlement (RLL) platform:https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

All disputes to which the purchase and sale transactions concluded under these CGVs and which would not have been the subject of an amicable settlement between the seller or by mediation, will be subject to the competent courts under the conditions of common law.

 

ANNEX I

Withdrawal form

 

Date

This form must be completed and returned only if the Customer wishes to retract the order placed on www.groupvwparts.com unless exclusions or limits are limited to the exercise of the right of withdrawal under the applicable General Terms of Sale.

 

To SARL, Groupvwparts

1 road of revolt 93200 Saint Denis

 

I herein notify the retraction of the contract for the property below:

– Order the (indicate date)

– Order number: …………………………………………………………………………………………………………………………………………………………………………………………………………………

– Customer name: …………………………………………………………………………

– Customer address: ………………………………………………………….

Customer signature (only if this form is notified on paper)

 

Minimum 4 characters
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