GENERAL CONDITIONS OF
SALES FOR CONSUMERS
Sales made on our websites www.driftshop.fr and www.driftshop.com (hereinafter "Website") are subject to the present general conditions. Our objective is to clearly inform you of the rules governing our relations, your rights, and to ensure you perfect predictability.
SCOPE OF APPLICATION
These Terms and Conditions of Sales apply, without restriction nor reserve, to all sales made by the company DRIFTSHOP ("the Seller") to consumers and non-professional buyers ("the Customers or the Client"), willing to purchase the products offered for sale by the Seller ("the Products") on the Website.
In particular, they specify the conditions of order, payment, delivery and management of potential returns of the Products ordered by the Customers.
These General Terms and Conditions of Sales may be supplemented by special terms and conditions, stated on the Website, prior to any transaction with the Customer.
These General Terms and Conditions of Sales apply to the exclusion of all other conditions, and in particular those applicable to any in-store sale or through other distribution and marketing channels.
They are accessible at any time on the Website and, if necessary, will prevail over any other version or any other contradictory document. These General Terms and Conditions of Sales may be subject to subsequent modifications, the version applicable to the Customer's purchase is the one in force on the website on the date the order is placed.
The modifications of these General Conditions of Sales are opposable to the users of the Website forty-eight hours (48 hours) starting from their online publishing and cannot apply to the transactions previously concluded.
PRODUCTS OFFERED FOR SALE
The Products offered for sale on the Website are spare parts, accessories and consumables for vehicles and automobiles. DRIFTSHOP is specialized in the sale of spare parts for sports, competition and generic vehicles.
The main characteristics of the Products and more particularly the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the Website. The Customer is required to read them before placing an order.
The choice and the purchase of a Product is the sole responsibility of the Customer. The photographs and graphics presented on the Website are not contractual and do not engage the responsibility of the Seller.
The Customer must refer to the description of each Product in order to know its properties, essential characteristics and delivery schedules. The contractual information is presented in French and is confirmed at the latest at the time of validation of the order by the Customer.
The Products presented on the Website are offered for sale in the following territories: Metropolitan France, DOM TOM, European Union countries, worldwide export on request.
In case of an order to a country or territory other than metropolitan France, the Customer is the importer of the Product(s) concerned. For all Products shipped outside of the European Union and French overseas departments and territories, the price will be calculated, taxes not included, automatically on the invoice.
Customs duties or other local taxes or import duties or state taxes may be due. They will be charged to and are the sole responsibility of the Customer.
VALIDITY PERIOD OF THE PRODUCT OFFER
Product offers are subject to availability, as specified when the order is placed.
SELLER'S CONTACT INFORMATION
The Seller's contact information is as follows:
B 498 478 304 R.C.S. Colmar
Head office : 5 rue de la Mine, 68500 BERRWILLER
[email protected] - tel: 03 67 10 19 75
In accordance with the French Data Protection Act of January 6, 1978, reinforced and completed by the RGPD (General Data Protection Regulation) which came into effect on May 25, 2018, the Customer has, at any time, a right of access, rectification, opposition, deletion and portability of all his personal data by writing, by mail and proving his identity, to the address of the Seller, mentioned above.
The validation of the order by the Customer implies acceptance without restriction or reserve of these General Conditions of Sales.
5-1. Placing the order: The Customer is responsible for selecting the Products he wishes to order on the Website, according to the following procedures:
The Customer places an order online from the online catalog, then by means of the form that appears there, for any product, within the limits of available quantities.
The Customer is informed of any unavailability of the product or good ordered.
For an order to be validated, the Customer must accept it, by clicking on the indicated place and by accepting the present general conditions of sales. Before validating the payment method, he must also specify the address and the delivery method.
The Customer can check the details of his order, its total price and correct any errors before confirming acceptation. It is the Customer's responsibility to verify the accuracy of the order and to immediately report or correct any errors.
The registration of an order on the Website is done when the Customer accepts the present General Terms and Conditions of Sales by ticking the box provided for this purpose and validates his order. This validation implies the acceptation of the entirety of the present General Conditions of Sales.
A sale is only final once the confirmation of the acceptation of an order by the Seller has been sent to the Customer via e-mail. It must be sent without any delay, promptly after the Seller has collected the total amount due.
Any order placed, validated by the Customer and confirmed by the Seller, under the conditions and according to the methods described above, on the Website constitutes the formation of a contract concluded at a distance between the Customer and the Seller. Any order implies acceptance of the prices and the description of the products available for sale.
Absent of proof to the contrary, the data recorded in the Seller's computer system shall constitute proof of all transactions concluded with the Customer.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a payment dispute for a previous order.
The Customer will be informed by the Seller of the follow-up of his delivery via e-mails regularly sent by the Seller or in the dedicated space provided in his personal profile.
5-2. Modification of the order: Once confirmed and accepted by the Seller, under the conditions described above, an order cannot be modified.
5-3. Cancellation of the order: Once confirmed and accepted by the Seller, under the conditions described above, an order cannot be cancelled, except in the case of the exercise of the right of withdrawal or force majeure.
5-4. Personal space: Creation of the personal profile: The creation of a personal profile is a prerequisite to placing any order on this Website. To this end, the Customer will be asked to provide a certain amount of personal information. The Customer undertakes to provide accurate information under penalty of termination of the contract by the Seller and deletion of the Customer account.
Functionality of the personal profile: This profile allows the Customer or the member to consult all orders made on the Website, and also allows him, if necessary, to track the delivery of goods purchased.
If the data contained in the personal profile section were to disappear following a fortuitous event, a technical failure or a case of force majeure, the responsibility of the Seller could not be engaged. However, the Seller undertakes to keep in a secure manner all the contractual elements whose conservation is required by law or regulation in force. The Seller also informs the Customer that the safeguard of the personal data of his customers is a primary concern.
The Seller reserves the exclusive right to delete the account of any member who has violated these terms and conditions (including but not limited to when the member has knowingly provided false information during registration and creation of his personal profile). The said deletion shall not be construed as a tort for the excluded member, who will not be able to claim any compensation for this action.
This exclusion is not exclusive of the possibility, for the Seller, to undertake legal action against the member when facts justify it.
Password: When the personal profile is created, a password will be assigned to the user who will then be able to modify it. This password guarantees the confidentiality of the information contained in the "my account" section and the user is therefore prohibited from transmitting or communicating it to a third-party. Otherwise, the Seller cannot be held responsible for unauthorized access to a user's account.
The Products are provided at the prices in force displayed on the Website, at the time of the recording of the order by the Seller. The prices are expressed in Euros, exclusive of tax and VAT.
The prices take into account possible reductions which would be granted by the Seller on the Website. These prices are firm and non-revisable, the Seller reserving the right to modify prices at any time.
They do not include the costs of processing, shipping, transportation, and delivery, which may be additionally charged, under the conditions indicated on the Website, and are calculated prior to placing the order.
If the Customer requests a faster or more expensive shipping method than standard shipping, the additional shipping costs, as they appear at the time of the validation of the order by the Customer, are entirely at his expense.
The payment requested from the Customer corresponds to the total amount of the purchase, including any additional cost. An invoice is established by the Seller and given to the Customer via his or her personal profile once the ordered Products are shipped.
The total billing amount is payable in full on the day an order is placed by the Customer, by secure payment, including but not limited to: credit cards (Visa, MasterCard, American Express), bank transfers, PayPal.
Purchases can also be made through partner financial institutions.
Depending on each order, the Seller reserves the right not to offer certain payment methods or to offer alternative payment methods. Payment by credit card is irrevocable, except in case of fraudulent use of the card. In this case, the Customer may request the cancellation of the payment and the return of the corresponding amounts.
Payment by check is not accepted.
The payment data exchanged is encrypted using SSL, TLS, HTTPS protocols.
In the event of late payment and payment of amounts due by the Customer beyond the time limits set forth above, and after the date of payment appearing on the invoice sent to the Customer, late payment penalties calculated at a rate equal to three times the legal interest rate, plus shipping costs, appearing on said invoice, shall, by operation of law, automatically be acquired and due to the Seller, without any formality or prior formal notice.
In addition, any delay in payment shall automatically entail the application of a fixed indemnity of forty (40) Euros, without prejudice to the penalties for delay.
Late payment shall also result in the immediate payment of all amounts due by the Customer, without limit of any other action that the Seller may be entitled to take against the Customer in this respect.
Payments made by the Customer shall not be considered final until the Seller has received the amounts due.
In addition, the Seller reserves the right, in the event of non-compliance with the above payment conditions, to suspend or cancel the delivery of orders in progress made by the Customer.
The Customer shall not be charged any additional costs beyond those incurred by the Seller for the use of a payment method.
The Products ordered by the Customer will be delivered within the timeframe indicated on the Website as of the shipping of an order to the address indicated by the Customer when ordering on the Website. Delivery is constituted by the transfer to the Customer of physical possession or control of the Product.
Except in special cases or when one or more Products are unavailable, the Products ordered will be delivered at once in whole.
The Seller undertakes to make his best efforts to deliver the products ordered by the Customer within the time limits specified above. However, these deadlines are communicated. If the ordered Products were not delivered within sixty days ( 60 days) after the indicative date of delivery, for any other cause than force majeure or action by the Customer a sale will be rescinded at the written request of the Customer under the conditions specified in articles L 216-2, L 216-3 and L241-4 of the French Code of the Consumption. The amounts paid by the Customer will be then refunded to him at most within fourteen days (14 days) which follow the date of rescission of the contract, to the exclusion of any compensation or retention.
In the event of non-conformity of the delivered Product, the Seller undertakes to remedy the situation or to refund the Customer, as indicated in the article "Seller's liability - Guarantee".
The Seller assumes the shipping risks and is obliged to refund the Customer in case of damage caused during shipping. Deliveries are made by an independent carrier to the address given by the Customer at the time of ordering and to which the carrier has easy access.
When the Customer has taken upon himself to call upon a carrier that he chooses, delivery shall be deemed to have been made as soon as the Products ordered have been handed over by the Seller to the carrier, who has accepted them without reservation. The Customer therefore acknowledges that it is the carrier's responsibility to perform the delivery and shall have no recourse against the Seller in the event of failure to deliver the goods shipped.
Delivery times outside of metropolitan France, and more particularly outside of the European Union, may be significantly extended by customs services and carriers of the destinations concerned, who may in some cases contact the Customer beforehand for formalities. In such case, the Customer will not be able to take advantage of any delay in delivery and will not be able to be compensated or cancel his order in these circumstances.
In the event of a particular request by the Customer concerning the conditions of packaging or shipping of the products ordered, duly accepted in writing by the Seller, the costs related thereto shall be subject to specific additional invoicing, upon prior written acceptance by the Customer.
The Customer is required to check the condition of the delivered products. The Customer has a period of forty-eight hours (48 hours) from the time of delivery to make any reservations or claims for non-conformity or apparent defects of the Products delivered (for instance, damaged package already opened ...), with all the relevant evidence (in particular photos). After this period and if these formalities are not respected, the Products shall be deemed to be in conformity and free of any apparent defect and no claim shall be deemed valid and accepted by the Seller.
Thus, in case of delivery of a package obviously and visibly damaged, it is up to the Customer to refuse it in order to benefit from the guarantee offered by the carrier. In such a case, the delivery times indicated above in these general conditions will no longer apply.
Likewise, the Customer must refuse any incomplete package or one with damaged items. It is reminded that, in accordance with Article L133-3 of the Commercial Code, the receipt of shipped objects extinguishes any action against the carrier for damage or partial loss if, within three days, not including holidays, following the day of receipt, the consignee has not notified the carrier, by registered letter, of his/her justified protest.
The Seller shall refund or replace as soon as possible and at his own expense, the delivered Products whose defects 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. of the French Consumer Code and those provided for in these General Terms and Conditions of Sale (in particular, see guarantees).
The Seller cannot in any case be held responsible in case of erroneous addresses entered by the Customer.
The customer service of the present Website is accessible from Monday to Friday from 10am to 12pm to 2pm to 6pm at the following phone number: 03 67 10 19 75, by e-mail at [email protected] In the latter case, the Seller undertakes to provide an answer within one business day.
TRANSFER OF OWNERSHIP - TRANSFER OF RISK
The transfer of ownership of the Seller's Products to the Customer shall only be made after full payment of the price by the latter, regardless of the date of delivery of said Products.
Regardless of the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto shall only be completed when the Customer takes physical possession of the Products. The Products ship at the risk of the Seller.
RIGHT OF WITHDRAWAL
Right of withdrawal
In accordance with the legal provisions in force, the Customer has a period of fourteen (14) days from receipt to exercise his or her right of withdrawal. However, the Seller decides, on a commercial basis and without compensation, to extend this period to thirty (30) days from receipt of the Product, without having to justify his reasons or pay any penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition within ten (10) days (14 days at the most) following notification to the Seller of the Customer's decision to withdraw.
The returns are to be made in their strict original and complete condition (packaging, accessories, instructions ...) allowing their return to the market in new condition, accompanied by the purchase invoice.
Damaged, soiled, or incomplete products are not accepted.
The right of withdrawal may be exercised online, using the withdrawal form available on the Website, in which case an acknowledgement of receipt on a durable medium shall be immediately communicated to the Customer by the Seller, or any other unambiguous statement expressing the will to withdraw.
In the event of exercising the right of withdrawal within the above-mentioned period, only the price of the Product(s) purchased and the delivery costs shall be refunded; the return costs shall be at the expense of the Customer. The reimbursement shall be made within ten days (10 days) of the notification to the Seller of the decision to withdraw.
Exceptions to the right of withdrawal
In accordance with the provisions of Article L221-28 of the Consumer Code, consumers will not be entitled to exercise any right of withdrawal in the following cases:
supply of goods made according to the specifications of the consumer or clearly personalized (wheels machined to measure, products assembled according to the indications of the Customer, etc);
supply of goods likely to deteriorate or expire quickly and in particular articles subject to expiration date or approval (for example: fire extinguisher, bucket seat, harness, tires,...);
supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection; in this respect, in particular, articles directly affecting the safety of passengers in a tourist or competition vehicle, for reasons of traceability (for example: underwear, helmets, harnesses, bucket seats, screws, fire extinguishers, track wideners, etc.);
supply of goods which, after delivery and by their nature, are inseparably mixed with other articles.
SELLER'S LIABILITY - WARRANTY
The Products supplied by the Seller shall benefit from the right of withdrawal by right and without additional payment, in accordance with the legal provisions,
the legal guarantee of conformity, for the apparently defective, damaged Products or not corresponding to the order,
the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and making them unfit for use,
under the conditions and according to the modalities mentioned in the box below and defined in the appendix to the present General Sales Conditions (Guarantee of Conformity / Guarantee of Hidden Defects).
It is reminded that within the framework of the legal guarantee of conformity, the Customer
has a period of two years (2 years) from the delivery of the goods to act against the Seller;
may choose between repairing or replacing the Product ordered, subject to the cost conditions provided for in Article L 217-9 of the Consumer Code;
Is exempt from proving the existence of the lack of conformity of the Product during the twenty-four months (24 months) following the delivery of the Product.
In order to assert his rights, the Customer shall inform the Seller, in writing, of the non-conformity of the Products within a maximum period of seven days (7 days) from the delivery of the Products or from the discovery of the hidden defects within the above-mentioned periods and return the store the defective Products in the state in which they were received with all the elements (accessories, packaging, instructions...).
Seller will refund, replace, or repair Products or parts under warranty found to be non-conforming or defective. Shipping charges will be refunded at the invoiced rate. Return shipping costs are the responsibility of the Customer.
Refunds for Products found to be non-conforming or defective shall be made as soon as possible and no later than twenty (20) days following the Seller's determination of the non-conformity or hidden defect.
The refund will be made by crediting the Customer's bank account or by bank check sent to the Customer.
The responsibility of the Seller shall not be engaged 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 check,
in case of misuse, use for professional purposes or competition, negligence, or lack of maintenance by the Customer, as well as in case of normal wear and tear of the Product, accident or force majeure.
in the event of wear and tear or accident resulting from impact, fall, negligence, lack of supervision or maintenance, or in the event of transformation of the Product.
The Seller's warranty is, in any event, limited to the replacement or refund of Products that do not conform or are affected by a defect.
Warranties and remedies apply only to items installed by a motorsports professional. The Seller shall not be liable for any consequences arising from the installation of the items delivered to the customer (e.g. labor costs, damage to peripheral equipment and other additional costs are excluded, even if the items are defective or incorrectly delivered).
PROTECTION OF PERSONAL DATA
Pursuant to Law 78-17 of January 6, 1978, as amended by Law No. 2018-493 of June 20, 2018, it is recalled that the personal data requested from the Customer are necessary for the processing of his order and the preparation of invoices, in particular.
This data may be communicated to any of the Seller's partners responsible for the execution, processing, management and payment of orders.
The processing of information communicated through the Website complies with the legal requirements for the protection of personal data, as the information system used ensures optimum protection of such data.
The Customer has, in accordance with national and European regulations in force, a permanent right of access, modification, rectification, opposition, portability and limitation of the processing of information concerning him.
This right can be exercised under the conditions and according to the methods defined on the Website.
The content of the Website is the property of the Seller and his partners and is protected by French and international laws related to intellectual property. Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an infringement of copyright.
In the event of a change in circumstances unforeseeable at the time of the conclusion of the contract, in accordance with the provisions of Article 1195 of the Civil Code, the Party that has not agreed to assume the risk of excessively onerous performance may request renegotiation of the contract from his or her co-contractor.
The Parties shall not be held liable if non-performance or delay in the performance of any of their obligations as described herein results from a case of force majeure, as defined in Article 1218 of the Civil Code.
APPLICABLE LAW - LANGUAGE
The present General Terms and Conditions of Sales 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 deemed authentic in the event of a dispute.
All disputes to which the operations of purchase and sale concluded in application of the present general conditions of sale could give place, concerning so much their validity, their interpretation, their execution, their cancellation, their consequences and which would not have been able to be solved between the Seller and the Customer will be litigated by the courts of competent jurisdiction under the conditions of common law.
The Customer is informed that in the event of dispute, he can in any case resort to a conventional mediation, in particular with the Commission of the Mediation of Consumption (C. cons. art. L 612-1) or to the existing authorities of sectorial mediation, and whose references appear on the Website, or with any alternative mode of settlement of disputes (conciliation, for example).
The Customer, realizing that a violation of the general regulation on the protection of personal data would have been committed, has the possibility of mandating an association or an organization mentioned in IV of the article 43 ter of the data-processing law and freedom of 1978, in order to obtain against the person in charge of treatment or subcontractor, compensation in front of a civil or administrative jurisdiction or in front of the national commission of data processing and freedom.
PRE-CONTRACTUAL INFORMATION - CUSTOMER ACCEPTANCE
The fact that a natural person (or legal entity) places an order on the Website implies full acceptance of these General Terms and Conditions of Sales and the obligation to pay for the Products ordered, which is expressly recognized by the Customer, who waives, in particular, the right to invoke any contradictory document, which would be unenforceable against the Seller.
- PROVISIONS RELATING TO LEGAL GUARANTEES
Article L217-4 of the French Consumer Code
The seller is required to deliver goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He/she is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his charge by the contract or has been carried out under his responsibility.
To conform to the contract, the property must:
Be fit for the purpose ordinarily expected of similar property and, if applicable:
correspond to the description given by the seller and have the qualities that he/she presented to the buyer in the form of a sample or model
have the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, by the producer or by his or her representative, particularly in advertising or labelling
Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and that the latter has accepted.
Article L217-12 of the French Consumer Code
action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.
Article L217-16 of the French Consumer Code
When the buyer asks the seller, during the course of the commercial guarantee that was granted to him/her at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee that remained to run. This period shall run from the date of the buyer's request for intervention or from the time the item in question is made available for repair if this is after the request for intervention.
Article 1641 of the French Civil Code
The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lesser price, if he/she had known about them.
Article 1648 paragraph 1 of the French Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
- WITHDRAWAL FORM
This form must be completed and returned only if the Customer wishes to withdraw from an order placed on the Website, except for exclusions or limitations to the exercise of the right of withdrawal according to the applicable General Terms of Sales.
To the attention of:
5 rue de la Mine
I hereby give notice of my withdrawal from the contract concerning the order of the following services:
- Order from .................................................................(date)
- Order number: ...........................................................
- Customer name: ...........................................................................
- Customer address: .......................................................................
Client's signature (only in case of notification of this form on paper).
This form can be returned by mail, or more simply and preferably by e-mail to [email protected]