The present general conditions of sale are between, AutoUsparts, formed with a capital of 513 450 €, registered at the RCS of NANTERRE under the code number 54208690500107, whose head office is located at 199 Bd de la République 92210 Saint Cloud FRANCE, hereinafter "the Seller", and every person physical or moral, wishing to process a sale via the website of the Seller, is hereafter referred to as the "the Buyer".
The Seller and The Buyer are hereafter known collectively as "The Parties"
The present general conditions of sale define the rights and obligations of the Parties within the framework of every sale processed via the internet site of the Seller www.AutoUSparts.com, that the buyer be professional (to be confirmed) or consumer (or consumers exclusively).
The acquisition of a good or (service) via the website of the Seller implies an acceptance by the Buyer, without dispute, of the present general conditions of sale.
These general conditions of sale prevail over all other general conditions or particularly no expressed agreement by the Seller.
The Seller reserves the right to modify the general conditions of sale at any moment. From then on, the general conditions of sale applicable are those that come into force from the date of the agreed sale by the Seller.
Article 2 – Characteristics of products [and services] proposed.
The Products (and services) proposed are those offered on the website of the Seller.
These products (and services) are proposed in the available limited stock.
The Buyer is the only one responsible for the choice of product and the final utilization of the product as well as the implementation.
The photographs figuring on the Sellers website are as close to the likeness as possible, but there is no guarantee of exact likeness with the proposed product, especially concerning colours.
Article 3 – Geographic area
The buying of products and services online, proposed by the Seller is reserved to the France Metropolitan area, Corsica, Switzerland, Norway and some other countries of the European Union. For all other countries, please contact the seller directly.
Article 4 – Ordering
The Buyer must be at least 18 years old and have legal capacity, or have parental authorization, in order to process an order on the Seller’s website.
All orders imply acceptance of the prices of the products and services available at the time of sale as well as the present general conditions of sale.
The Buyer who wishes to buy a product or a service is obliged to:
- Complete the identification form, thereby indicating all necessary address details etc, or, give a client number when necessary;
- Fill in the order form online giving all the product references of chosen products/services;
- Verify and validate the order;
- Complete payment under the agreed conditions;
- Confirm the order and the method of payment.
When the Buyer has confirmed his order and method of payment, the order is considered irrevocable.
All order forms signed by the Buyer by way of confirmation and validating the basket, constitute an irrevocable acceptance and hereby, cannot be changed unless stated in the general terms and conditions.
The confirmation of the order, associated with the authentification procedure, acceptance of display and the protection of integrity of messages constitutes an electronic signature. This electronic signature, between the two Parties, is just as binding as a handwritten signature.
At any moment, the Buyer can get a recap of the products that he has selected by clicking on "my basket". Additionally, he can follow his selection of products by clicking on "Follow my Items!" and can finish his selection of products and order products by clicking "Confirm my basket".
The confirmation of the order by the Buyer indicates their acceptance of the present general terms and conditions of sale, their acknowledgement of the sale, and the waiver to prevail of his own buying conditions or other conditions.
The conclusion of the contract intervenes only, after the confirmation of the order by the Seller, who can intervene at any moment: by post, email, telephone or fax:
- If the Buyer uses another form of payment online by credit card, the order is deemed accepted by the Seller after the confirmation of payment;
- If the Buyer pays by cheque, the confirmation of the order by the Seller can only be intervened after receiving the cheque made payable to the AutoUSparts company, signed and made out in the full amount payable; taking into account that the Buyer has 30 days, beginning from the date of the order to send the cheque to the Seller; failing that, the Seller will not be able to process the order and will return the received payment immediately;
- If the Buyer uses the bank transfer method as means of payment or postal order, the confirmation of the order by the Seller will be processed when payment is received; taking into account that the Buyer has 30 days, beginning from the date the order was made, to send payment to the Seller; failing that, the Seller will not be able to process the order and will return the received payment without delay.
The Seller reserves the right to cancel or suspend all orders by the Buyer if there exist legal problems relating to payment of previous orders, until the legal problem has been rectified.
The availability of products (and services) sold on the website, are examined on the day the order is validated/confirmed by the Seller.
In the case where products (and services) are not available, the Seller will be committed to inform the Buyer, by all means, within 3 working days beginning from the date of the confirmation of the order by the Seller. The Seller will then offer the Buyer, either an alternative date of receipt of the products, a replacement or cancellation of the order.
The Seller, on receiving the order, will make out an invoice which will be delivered by registered mail, to the Buyer.
Article 5 – Price – Payment – Transfer of ownership
The prices showing on the Sellers website are TTC prices, taking into account the French TVA applied on the day of the order. All changes on the rate of TVA may change the price of the products (and services).
The prices can be modified at any moment by the Seller, without warning. It is, however, emphasised that the latest prices showing on the website on the day of the order by the Buyer are the only ones to be effected.
The prices shown on the website include postage.
They include all processing fees.
The products (and services) should be made payable in Euros, either by online credit card payment, by cheque made payable to the AutoUSparts company, by bank transfer or postal order.
Payments made by credit card (carte bleue, Visa, Eurocard, MasterCard) are carried out by means of the BNP PARIBAS security system, which use the SSL (Secure Socket Layer) protocol, through which, the transmitted data is encrypted by software and during the online process is protected from third parties.
Payment can also made through "PAYPAL"
In this case, the clients account will only be debited for the amount due for the ordered products, which have been sent.
Payment made by cheque or bank transfer or postal order, must be issued by a bank represented in France or in Monaco.
The invoice for ordered products will be included in product package.
3. Transfer of Ownership
The products, even when delivered, remain the property of the Seller, up until the exact payment is made by the Buyer.
The ownership is reserved: with application of the law of May 1980, the transfer of ownership of merchandise delivered to the buyer can only come into effect when the entire principal payment has been made. During the period surrounding the transfer of ownership, the risk of loss, theft or destruction are the responsibility of the Buyer. The non-follow-up by the Buyer of his payment obligations, for whatever reason, will enable AutoUSparts the right to demand the immediate return of the delivered products with shipping costs the responsibility of the Buyer. AutoUSparts can forbid the buyer to process a resale, the transformation or the incorporation of a product, in the case of late payment. To guarantee payments that have not yet been finalised, particularly the Buyers account balance in the accounts of AutoUSparts, it is stipulated that the relative rights of the delivered products, but unpaid, referred to as identical products arriving from AutoUSparts, in stock with the Buyer, without it being necessary to ascribe to the payments for a sale or set delivery.
Article 6 –Postal Charges- Delivery – Risk Transfer
The client is responsible for postal charges.
The Seller commits to deliver the products in the France Metropolitan area, Corsica, Monaco, Switzerland, Norway and some other countries of the European Union. For all other countries, please contact the seller directly.
2.2. Processing and delayed deliveries
Orders are processed within 24 business day hours, beginning from the date of confirmed payment on a Monday until Friday at 13h, depending on the availability of stock. They will be delivered to the address supplied by the Buyer. The charges for the delivery will appear before the confirmation of payment by the Buyer.
The Seller will begin the delivery process of the ordered products without delay. The usual length of time for a delivery to a home address in the France Metropolitan area is between 48 and 72 hours.
The Seller works in conjunction with "La Poste"(French postal system), who deliver postal packages. The Buyer can track the delivery of the order in real time using a tracking number which will be given in the delivery confirmation email.
Products can also be delivered by courier. In this case, the courier company’s details will be indicated on the parcel and can be given by the Seller to the Buyer, on request.
2.3. Reception of the parcel by the Buyer
The Buyer is urged to verify the contents of the parcel on receipt. He will then have 48 hours in the event that he needs to send a registered letter to the Seller in the case of a missing part or any other apparent problems. The seller is no longer obligated to deliver in the event of major catastrophes. These major catastrophes may include the following, war, riots, fire, strikes and accidents impossible to be avoided.
3. Transfer of Risk
Transport risks are the responsibility of the Buyer counting from the time the acquired product has left the location of the Buyer.
In the case of damage during transport, it is the responsibility of the Buyer to form a complaint to the transport company.
Article 7 –The Power of retraction reserved for private individuals
In conditions foreseen by Articles L121-16 and according to the consumer rights code and in the outlined long distance sale, the Buyer can avail themselves of a delay of return of 7days beginning from the delivery of the order that will be reimbursed against the repayment of the delivered products.
In the case of return of all or part of the order, the delivery charges of the merchandise are the responsibility of the Buyer. The Buyer must return the products and in their original wrapping/packaging non-assembled, with all their accessories.
The Buyer will have the choice between, in one part, the reimbursement of the paid amount, and the other, to exchange the returned product.
The reimbursement (total or partial) or the exchange is carried out within 30 working days, starting from the receipt of the returned merchandise.
Damaged returned products or returned products that are incomplete will neither be taken back, exchanged or reimbursed.
Article 8 – Guarantees
1. Legal Guarantee of Compliance
The Buyer can benefit from measures shown in Articles 1604,in keeping with the civil Code(common law), thus, if needs be, those shown in articles L.211-4 and following the consumer rights code with the terms in which the Seller delivers a product in keeping with the one ordered by the Buyer.
In the case of non-compliance of a sold product, the Buyer can return it to the Seller, who will then either take it back, exchange it or reimburse him.
All returns, exchanges, or reimbursements must be returned to the following address AutoUSparts, 199 Bd de la République 92210 Saint Cloud FRANCE within 15 days, beginning from the delivery day.
2. Legal Guarantees against hidden defects.
The Buyer can also benefit from a legal guarantee against hidden defects on all the products sold by the Seller with application of Articles 1641 and in keeping with the civil Code (common law).
All items to be returned, with hidden defects, must be returned to the following postal address: AutoUSparts, 199 Bd de la République 92210 Saint Cloud, FRANCE.
Article 9 – Responsibility
In the process of selling online, the Seller abides by their obligations of due care. However, the Seller does not take responsibility for damages resulting in utilization of the internet network, e.g. lost data, interference, viruses, loss of service or other involuntary problems.
The products offered, conform with French legislation and satisfy all normal standards applied in France. AutoUSparts will only be responsible for products complying with French legislation and cannot take responsibility for products confirming to legislation in other countries to which they are delivered.
AutoUSparts’ responsibility is limited to the price of the product bought in the order of the Buyer. The responsibility of AutoUSparts is excluded in the case where a third party in the using of the Product bought by the Buyer, does not conform or is contrary to its destination or in the case of a major disaster. AutoUSparts will not be held responsible in the event of bad assembly of the product on the vehicle of the Buyer or assembling the Product which is not adapted to the vehicle.
In no case will AutoUSparts be held responsible for direct or indirect incidental damages, e.g. lack of earnings, profit loss or immobilisation periods, regardless if the use or request is contractual or criminal or based on a guarantee or as a result of utilization or the functioning of the product, even if AutoUSparts have been informed, in the event of these damages.
Article 10 – Intellectual Property
All elements of the website www.AutoUSparts.com, 199 Bd de la République 92210 Saint Cloud, FRANCE, trademarks, software, commentaries, illustrations and visual images or sound systems are protected under intellectual property law.
They are the exclusive property of AutoUSparts and partners.
All reproduction and representation, in whole or in part, of these elements, constitute as forgery and can result in legal action being taken.
All links or Hypertext is strictly forbidden without a direct written agreement from the Seller.
Article 11 – Personal Character Data
According to the law no.78-17 of January 6 1978, with reference to IT, customers and rights, all information required from the client are necessary in the order process and are intended for the services of the Seller. They may be subjected to an automated process.
The Seller reserves the right to acquire information of the Buyer, included in the utilization of Cookies and this information may be transmitted to their commercial partners.
That being said, the Buyer has the right to access information concerning him. On request, the information can be communicated to him and, in the case of error or modification, be rectified.
The Buyer can oppose the disclosure of his details by indicating it to the Seller.
The automated process of information, includes the management of the website users email address, the object of the CNL declaration of July 1st 2009, recorded under the code 1372515.
Article 12 – Preservation and Archiving of Transactions- Evidence
The Seller files all order forms and invoices in a reliable and sustainable format, constituting a copy conforming to the provisions of article 1348 of the civil Code.
The computerised recording of the Seller, contained in the computer system of the Seller and his partners, are considered as evidence of communication, orders, payments and transactions between the parties.
Article 13 –Legal Settlements
The present terms and conditions of sale comply with French law.
In the case of legal action, competence is attributed to the tribunals of Nanterre, not withstanding the number of defendants or introduction of third parties.